Word by Word
Except for those who repent before they fall into your power: in that case, know that Allah is Oft-forgiving, Most Merciful.
Except for such, warmongers and waylayers, as repent before you overpower them; for know that God is Forgiving, to them of what they have done, Merciful, to them. This [proviso] is expressed without any statement to the effect 'do not submit them to prescribed legal punishment', to point out that when such a person repents only God's prescribed punishments (hudood) - and not those deriving from the rights of human beings - are waived. This is how I see it. I do not know of any that have tackled this [topic], and God knows best. If, then, a person has killed and stolen property, he should be killed and have his limbs cut off [on opposite sides], but not crucified - this is the more sound of two opinions held by al-Shaafi'ee. However, his repentance is of no avail, once he has been overpowered [by the authorities] - this is also the more sound of two opinions held by him.
"The Story of Habil (Abel) and Qabil (Cain)
Allah describes the evil end and consequence of transgression, envy and injustice in the story of the two sons of Adam, Habil and Qabil.
One of them fought against the other and killed him out of envy and transgression, because of the bounty that Allah gave his brother and because the sacrifice that he sincerely offered to Allah was accepted. The murdered brother earned forgiveness for his sins and was admitted into Paradise, while the murderer failed and earned a losing deal in both the lives.
وَاتۡلُ عَلَيۡهِمۡ نَبَأَ ابۡنَيۡ ادَمَ بِالۡحَقِّ
And recite to them the story of the two sons of Adam in truth;
meaning, tell these envious, unjust people, the brothers of swine and apes from the Jews and their likes among mankind, the story of the two sons of Adam, Habil and Qabil, as many scholars among the Salaf and later generations said.
means, clearly and without ambiguity, alteration, confusion, change, addition or deletion.
Allah said in other Ayat,
إِنَّ هَـذَا لَهُوَ الۡقَصَصُ الۡحَقُّ
Verily, this is the true narrative (about the story of Isa). (3:62)
نَحۡنُ نَقُصُّ عَلَيۡكَ نَبَأَهُم بِالۡحَقِّ
We narrate unto you their story with truth. (18:13)
ذَلِكَ عِيسَى ابۡنُ مَرۡيَمَ
Such is Isa, son of Maryam. (It is) a statement of truth. (19:24)
إِذۡ قَرَّبَا قُرۡبَانًا فَتُقُبِّلَ مِن أَحَدِهِمَا وَلَمۡ يُتَقَبَّلۡ مِنَ الاخَرِ قَالَ لَاَقۡتُلَنَّكَ قَالَ إِنَّمَا يَتَقَبَّلُ اللّهُ مِنَ الۡمُتَّقِينَ
when each offered a sacrifice, it was accepted from the one but not from the other. The latter said to the former:”I will surely, kill you.” The former said:”Verily, Allah accepts only from those who have Taqwa.
Several scholars among the Salaf and the later generations said that Allah allowed Adam to marry his daughters to his sons because of the necessity of such action.
They also said that in every pregnancy, Adam was given a twin, a male and a female, and he used to give the female of one twin, to the male of the other twin, in marriage.
Habil's sister was not beautiful while Qabil's sister was beautiful, resulting in Qabil wanting her for himself, instead of his brother. Adam refused unless they both offer a sacrifice, and he whose sacrifice was accepted, would marry Qabil's sister.
Habil's sacrifice was accepted, while Qabil's sacrifice was rejected, and thus what Allah told us about them occurred.
Ibn Abi Hatim recorded that Ibn Abbas said --
that during the time of Adam -- “The woman was not allowed in marriage for her male twin, but Adam was commanded to marry her to any of her other brothers. In each pregnancy, Adam was given a twin, a male and a female. A beautiful daughter was once born for Adam and another one that was not beautiful. So the twin brother of the ugly daughter said, `Marry your sister to me and I will marry my sister to you.'
He said, `No, for I have more right to my sister.'
So they both offered a sacrifice. The sacrifice of the one who offered the sheep was accepted while the sacrifice of the other (the twin brother of the beautiful daughter), which consisted of some produce, was not accepted. So the latter killed his brother.”
This story has a better than good chain of narration.
إِنَّمَا يَتَقَبَّلُ اللّهُ مِنَ الۡمُتَّقِينَ
Verily, Allah accepts only from those who have Taqwa.
who fear Allah in their actions.
Ibn Abi Hatim recorded that Abu Ad-Darda' said,
“If I become certain that Allah has accepted even one prayer from me, it will be better for me than this life and all that in it. This is because Allah says,
إِنَّمَا يَتَقَبَّلُ اللّهُ مِنَ الۡمُتَّقِينَ
(Verily, Allah accepts only from the those who have Taqwa).
لَيِن بَسَطتَ إِلَيَّ يَدَكَ لِتَقۡتُلَنِي مَا أَنَاۡ بِبَاسِطٍ يَدِيَ إِلَيۡكَ لَاَقۡتُلَكَ إِنِّي أَخَافُ اللّهَ رَبَّ الۡعَالَمِينَ""
“""If you do stretch your hand against me to kill me, I shall never stretch my hand against you to kill you, for I fear Allah; the Lord of all that exists.”
Qabil's brother, the pious man whose sacrifice was accepted because of his piety, said to his brother, who threatened to kill him without justification,
لَيِن بَسَطتَ إِلَيَّ يَدَكَ لِتَقۡتُلَنِي مَا أَنَاۡ بِبَاسِطٍ يَدِيَ إِلَيۡكَ لَاَقۡتُلَكَ
(If you do stretch your hand against me to kill me, I shall never stretch my hand against you to kill you), I will not commit the same evil act that you threaten to commit, so that I will not earn the same sin as you,
إِنِّي أَخَافُ اللّهَ رَبَّ الۡعَالَمِينَ
(for I fear Allah; the Lord of the all that exists), and, as a result, I will not commit the error that you threaten to commit. Rather, I will observe patience and endurance.
Abdullah bin `Amr said,
“By Allah! Habil was the stronger of the two men. But, fear of Allah restricted his hand.”
The Prophet said in a Hadith recorded in the Two Sahihs,
إِذَا تَوَاجَهَ الۡمُسۡلِمَانِ بِسَيۡفَيهِمَا فَالۡقَاتِلُ وَالۡمَقۡتُولُ فِي النَّار
When two Muslims fight (meet) each other with their swords, both the murderer as well as the murdered will go to the Hellfire.
They said, “O Allah's Messenger! It is all right for the murderer, but what about the victim?”
Allah's Messenger replied,
إِنَّه كَانَ حَرِيصًا عَلى قَتۡلِ صَاحِبِه
He surely had the intention to kill his comrade.
Imam Ahmad recorded that, at the beginning of the calamity that Uthman suffered from, Sa`d bin Abi Waqqas said,
“I bear witness that the Messenger of Allah said,
إِنَّهَا سَتَكُونُ فِتۡنَةٌ القَاعِدُ فِيهَا خَيۡرٌ مِنَ الۡقَايِمِ وَالۡقَايِمُ خَيۡرٌ مِنَ الۡمَاشِي وَالۡمَاشِي خَيۡرٌ مِنَ السَّاعِي
There will be a Fitnah, and he who sits idle during it is better than he who stands up, and he who stands up in it is better than he who walks, and he who walks is better than he who is walking at a fast pace.
When he was asked, `What if someone enters my home and stretched his hand to kill me?'
كُنۡ كَابۡنِ ادَم
Be just like (the pious) son of Adam.”
At-Tirmidhi also recorded it this way, and said, “This Hadith is Hasan, and similar is reported on this subject from Abu Hurayrah, Khabbab bin Al-Aratt, Abu Bakr, Ibn Mas`ud, Abu Waqid and Abu Musa.”
The Qur'an continues,
إِنِّي أُرِيدُ أَن تَبُوءَ بِإِثۡمِي وَإِثۡمِكَ فَتَكُونَ مِنۡ أَصۡحَابِ النَّارِ وَذَلِكَ جَزَاء الظَّالِمِينَ""
“""Verily, I intend to let you draw my sin on yourself as well as yours, then you will be one of the dwellers of the Fire, and that is the recompense of the wrongdoers.”
Ibn Abbas, Mujahid, Ad-Dahhak, As-Suddi and Qatadah said that,
إِنِّي أُرِيدُ أَن تَبُوءَ بِإِثۡمِي وَإِثۡمِكَ
(“Verily, I intend to let you draw my sin on yourself as well as yours...”),
means, the sin of murdering me, in addition to your previous sins. Ibn Jarir recorded this.
فَطَوَّعَتۡ لَهُ نَفۡسُهُ قَتۡلَ أَخِيهِ فَقَتَلَهُ فَأَصۡبَحَ مِنَ الۡخَاسِرِينَ""
""So the soul of the other encouraged him and made fair-seeming to him the murder of his brother; he murdered him and became one of the losers.
means, his conscience encouraged him to kill his brother by making it seem like a sensible thing to do, so he killed him, even after his brother admonished him.
Ibn Jarir said,
“When he wanted to kill his brother, he started to twist his neck. So Shaytan took an animal and placed its head on a rock, then he took another rock, then he took another rock, and smashed its head with it until he killed it while the son of Adam was looking. So he did the same thing to his brother.”
Ibn Abi Hatim also recorded this.
Abdullah bin Wahb said that Abdur-Rahman bin Zayd bin Aslam said that his father said,
“Qabil held Habil by the head to kill him, so Habil laid down for him and Qabil started twisting Habil's head, not knowing how to kill him. Shaytan came to Qabil and said, `Do you want to kill him?'
He said, `Yes.'
Shaytan said, `Take that stone and throw it on his head.'
So Qabil took the stone and threw it at his brother's head and smashed his head.
Shaytan then went to Hawwa in a hurry and said to her, `O Hawwa! Qabil killed Habil.'
She asked him, `Woe to you! What does `kill' mean?'
He said, `He will no longer eat, drink or move.'
She said, `And that is death.'
He said, `Yes it is.'
So she started to weep until Adam came to her while she was weeping and said, `What is the matter with you?'
She did not answer him.
He asked her two more times, but she did not answer him. So he said, `You and your daughters will inherit the practice of weeping, while I and my sons are free of it.”'
Ibn Abi Hatim recorded it.
فَأَصۡبَحَ مِنَ الۡخَاسِرِينَ
(And became one of the losers),
in this life and the Hereafter, and which loss is worse than this.
Imam Ahmad recorded that Abdullah bin Mas`ud said that the Messenger of Allah said,
لَاا تُقۡتَلُ نَفۡسٌ ظُلۡمًا إِلاَّ كَانَ عَلَى ابۡنِ ادَمَ الاۡاَوَّلِ كِفۡلٌ مِنۡ دَمِهَا لاِاَنَّهُ كَانَ أَوَّلَ مَنۡ سَنَّ الۡقَتۡل
Any soul that is unjustly killed, then the first son of Adam will carry a burden of its shedding, for he was the first to practice the crime of murder.
The Group, with the exception of Abu Dawud, also recorded this Hadith.
Ibn Jarir recorded that Abdullah bin `Amr used to say,
“The son of Adam, who killed his brother, will be the most miserable among men. There is no blood shed on earth since he killed his brother, until the Day of Resurrection, but he will carry a burden from it, for he was the first person to establish murder.”
فَبَعَثَ اللّهُ غُرَابًا يَبۡحَثُ فِي الَارۡضِ لِيُرِيَهُ كَيۡفَ يُوَارِي سَوۡءةَ أَخِيهِ قَالَ يَا وَيۡلَتَا أَعَجَزۡتُ أَنۡ أَكُونَ مِثۡلَ هَـذَا الۡغُرَابِ فَأُوَارِيَ سَوۡءةَ أَخِي فَأَصۡبَحَ مِنَ النَّادِمِينَ""
""Then Allah sent a crow who scratched the ground to show him how to hide the dead body of his brother. He (the murderer) said, “Woe to me! Am I not even able to be as this crow and to hide the dead body of my brother!” Then he became one of those who regretted.
As-Suddi said that the Companions said,
“When his brother died, Qabil left him on the bare ground and did not know how to bury him. Allah sent two crows, which fought with each other until one of them killed the other. So it dug a hole and threw sand over the dead corpse (which it placed in the hole). When Qabil saw that, he said,
يَا وَيۡلَتَا أَعَجَزۡتُ أَنۡ أَكُونَ مِثۡلَ هَـذَا الۡغُرَابِ فَأُوَارِيَ سَوۡءةَ أَخِي
(“Woe to me! Am I not even able to be as this crow and to hide the dead body of my brother!”).
Ali bin Abi Talhah reported that Ibn Abbas said,
“A crow came to the dead corpse of another crow and threw sand over it, until it hid it in the ground. He who killed his brother said,
يَا وَيۡلَتَا أَعَجَزۡتُ أَنۡ أَكُونَ مِثۡلَ هَـذَا الۡغُرَابِ فَأُوَارِيَ سَوۡءةَ أَخِي
(Woe to me! Am I not even able to be as this crow and to hide the dead body of my brother!).”
Al-Hasan Al-Basri commented on the statement,
فَأَصۡبَحَ مِنَ النَّادِمِينَ
(Then he became one of those who regretted).
“Allah made him feel sorrow after the loss that he earned.”
The Swift Punishment for Transgression and Cutting the Relations of the Womb
A Hadith states that the Prophet said,
مَا مِنۡ ذَنۡبٍ أَجۡدَرُ أَنۡ يُعَجِّلَ اللهُ عُقُوبَتَهُ فِي الدُّنۡيَا مَعَ مَا يَدَّخِرُ لِصَاحِبهِ فِي الاۡاخِرَةِ مِنَ الۡبَغۡيِ وَقَطِيعَةِ الرَّحِم
There is no sin that is more worthy of Allah hastening its punishment in this life, in addition to what He has in store for its offender in the Hereafter, more than transgression and cutting the relations of the womb.
The act of Qabil included both of these.
We are Allah's and to Him is our return.
""Human Beings Should Respect the Sanctity of Other Human Beings
مِنۡ أَجۡلِ ذَلِكَ
Because of that,
Allah says, because the son of Adam killed his brother in transgression and aggression,
كَتَبۡنَا عَلَى بَنِي إِسۡرَايِيلَ
We ordained for the Children of Israel...,
meaning, We legislated for them and informed them,
أَنَّهُ مَن قَتَلَ نَفۡسًا بِغَيۡرِ نَفۡسٍ أَوۡ فَسَادٍ فِي الَارۡضِ فَكَأَنَّمَا قَتَلَ النَّاسَ جَمِيعًا وَمَنۡ أَحۡيَاهَا فَكَأَنَّمَا أَحۡيَا النَّاسَ جَمِيعًا
that if anyone killed a person not in retaliation of murder, or (and) to spread mischief in the land - it would be as if he killed all mankind, and if anyone saved a life, it would be as if he saved the life of all mankind.
The Ayah states, whoever kills a soul without justification -- such as in retaliation for murder or for causing mischief on earth -- will be as if he has killed all mankind, because there is no difference between one life and another.
(and if anyone saved a life...),
by preventing its blood from being shed and believing in its sanctity, then all people will have been saved from him, so,
أَحۡيَا النَّاسَ جَمِيعًا
(it would be as if he saved the life of all mankind).
Al-Amash and others said that Abu Salih said that Abu Hurayrah said,
“I entered on Uthman when he was under siege in his house and said, `I came to give you my support. Now, it is good to fight (defending you) O Leader of the Faithful!'
He said, `O Abu Hurayrah! Does it please you that you kill all people, including me?'
I said, `No.'
He said, `If you kill one man, it is as if you killed all people. Therefore, go back with my permission for you to leave. May you receive your reward and be saved from burden.'
So I went back and did not fight.”'
Ali bin Abi Talhah reported that Ibn Abbas said,
“It is as Allah has stated,
مَن قَتَلَ نَفۡسًا بِغَيۡرِ نَفۡسٍ أَوۡ فَسَادٍ فِي الَارۡضِ فَكَأَنَّمَا قَتَلَ النَّاسَ جَمِيعًا وَمَنۡ أَحۡيَاهَا فَكَأَنَّمَا أَحۡيَا النَّاسَ جَمِيعًا
if anyone killed a person not in retaliation of murder, or (and) to spread mischief in the land - it would be as if he killed all mankind, and if anyone saved a life, it would be as if he saved the life of all mankind.
Saving life in this case occurs by not killing a soul that Allah has forbidden.
So this is the meaning of saving the life of all mankind, for whoever forbids killing a soul without justification, the lives of all people will be saved from him.”
Similar was said by Mujahid;
(And if anyone saved a life...),
means, he refrains from killing a soul.
Al-`Awfi reported that Ibn Abbas said that Allah's statement,
فَكَأَنَّمَا أَحۡيَا النَّاسَ جَمِيعًا
(it would be as if he killed all mankind...) means,
“Whoever kills one soul that Allah has forbidden killing, is just like he who kills all mankind.”
Sa`id bin Jubayr said,
“He who allows himself to shed the blood of a Muslim, is like he who allows shedding the blood of all people. He who forbids shedding the blood of one Muslim, is like he who forbids shedding the blood of all people.”
In addition, Ibn Jurayj said that Al-A`raj said that Mujahid commented on the Ayah,
فَكَأَنَّمَا قَتَلَ النَّاسَ جَمِيعًا
(it would be as if he killed all mankind),
“He who kills a believing soul intentionally, Allah makes the Fire of Hell his abode, He will become angry with him, and curse him, and has prepared a tremendous punishment for him, equal to if he had killed all people, his punishment will still be the same.”
Ibn Jurayj said that Mujahid said that the Ayah,
وَمَنۡ أَحۡيَاهَا فَكَأَنَّمَا أَحۡيَا النَّاسَ جَمِيعًا
(and if anyone saved a life, it would be as if he saved the life of all mankind) means,
“He who does not kill anyone, then the lives of people are safe from him.”
Warning Those who Commit Mischief
وَلَقَدۡ جَاء تۡهُمۡ رُسُلُنَا بِالبَيِّنَاتِ
And indeed, there came to them Our Messengers with Al-Bayyinat,
meaning, clear evidences, signs and proofs.
ثُمَّ إِنَّ كَثِيرًا مِّنۡهُم بَعۡدَ ذَلِكَ فِي الَارۡضِ لَمُسۡرِفُونَ
even then after that many of them continued to exceed the limits in the land!
This Ayah chastises and criticizes those who commit the prohibitions, after knowing that they are prohibited from indulging in them.
The Jews of Al-Madinah, such as Banu Qurayzah, An-Nadir and Qaynuqa, used to fight along with either Khazraj or Aws, when war would erupt between them during the time of Jahiliyyah. When these wars would end, the Jews would ransom those who were captured and pay the blood money for those who were killed. Allah criticized them for this practice in Surah Al-Baqarah,
وَإِذۡ أَخَذۡنَا مِيثَـقَكُمۡ لَا تَسۡفِكُونَ دِمَأءِكُمۡ وَلَا تُخۡرِجُونَ أَنفُسَكُمۡ مِّن دِيَـرِكُمۡ ثُمَّ أَقۡرَرۡتُمۡ وَأَنتُمۡ تَشۡهَدُونَ
ثُمَّ أَنتُمۡ هَـوُلَاءِ تَقۡتُلُونَ أَنفُسَكُمۡ وَتُخۡرِجُونَ فَرِيقًا مِّنكُم مِّن دِيَـرِهِمۡ تَظَـهَرُونَ علَيۡهِم بِالاِثۡمِ وَالۡعُدۡوَنِ وَإِن يَأۡتُوكُمۡ أُسَـرَى تُفَـدُوهُمۡ وَهُوَ مُحَرَّمٌ عَلَيۡكُمۡ إِخۡرَاجُهُمۡ أَفَتُوۡمِنُونَ بِبَعۡضِ الۡكِتَـبِ وَتَكۡفُرُونَ بِبَعۡضٍ فَمَا جَزَاءُ مَن يَفۡعَلُ ذلِكَ مِنكُمۡ إِلاَّ خِزۡىٌ فِي الۡحَيَوةِ الدُّنۡيَا وَيَوۡمَ الۡقِيَـمَةِ يُرَدُّونَ إِلَى أَشَدِّ الّعَذَابِ وَمَا اللَّهُ بِغَـفِلٍ عَمَّا تَعۡمَلُونَ
And (remember) when We took your covenant (saying):Shed not your (people's) blood, nor turn out your own people from their dwellings. Then, (this) you ratified and (to this) you bear witness.
After this, it is you who kill one another and drive out a party of your own from their homes, assist (their enemies) against them, in sin and transgression. And if they come to you as captives, you ransom them, although their expulsion was forbidden to you. Then do you believe in a part of the Scripture and reject the rest Then what is the recompense of those who do so among you, except disgrace in the life of this world, and on the Day of Resurrection they shall be consigned to the most grievous torment. And Allah is not unaware of what you do. (2:84-85)
The Punishment of those Who Cause Mischief in the Land
Allah said next""
""إِنَّمَا جَزَاء الَّذِينَ يُحَارِبُونَ اللّهَ وَرَسُولَهُ وَيَسۡعَوۡنَ فِي الَارۡضِ فَسَادًا أَن يُقَتَّلُواۡ أَوۡ يُصَلَّبُواۡ أَوۡ تُقَطَّعَ أَيۡدِيهِمۡ وَأَرۡجُلُهُم مِّنۡ خِلفٍ أَوۡ يُنفَوۡاۡ مِنَ الَارۡضِ
The recompense of those who wage war against Allah and His Messenger and do mischief in the land is only that they shall be killed or crucified or their hands and their feet be cut off on the opposite sides, or be exiled from the land.
`Wage war' mentioned here means, oppose and contradict, and it includes disbelief, blocking roads and spreading fear in the fairways. Mischief in the land refers to various types of evil.
Ibn Jarir recorded that Ikrimah and Al-Hasan Al-Basri said that the Ayat,
إِنَّمَا جَزَاء الَّذِينَ يُحَارِبُونَ اللّهَ وَرَسُولَهُ
(The recompense of those who wage war against Allah and His Messenger) until,
أَنَّ اللّهَ غَفُورٌ رَّحِيمٌ
(Allah is Of-Forgiving, Most Merciful),
“Were revealed about the idolators. Therefore, the Ayah decrees that, whoever among them repents before you apprehend them, then you have no right to punish them. This Ayah does not save a Muslim from punishment if he kills, causes mischief in the land or wages war against Allah and His Messenger and then joins rank with the disbelievers, before the Muslims are able to catch him. He will still be liable for punishment for the crimes he committed.”
Abu Dawud and An-Nasa'i recorded that Ikrimah said that Ibn Abbas said that the Ayah,
إِنَّمَا جَزَاء الَّذِينَ يُحَارِبُونَ اللّهَ وَرَسُولَهُ وَيَسۡعَوۡنَ فِي الَارۡضِ فَسَادًا
(The recompense of those who wage war against Allah and His Messenger and do mischief in the land...),
“Was revealed concerning the idolators, those among them who repent before being apprehended, they will still be liable for punishment for the crimes they committed.”
The correct opinion is that this Ayah is general in meaning and includes the idolators and all others who commit the types of crimes the Ayah mentioned.
Al-Bukhari and Muslim recorded that Abu Qilabah Abdullah bin Zayd Al-Jarmi, said that Anas bin Malik said,
“Eight people of the Ukl tribe came to the Messenger of Allah and gave him their pledge to follow Islam. Al-Madinah's climate did not suit them and they became sick and complained to Allah's Messenger. So he said,
أَلَا تَخۡرُجُونَ مَعَ رَاعِينَا فِي إِبِلِهِ فَتُصِيبُوا مِنۡ أَبۡوَالِهَا وَأَلۡبَانِهَا
Go with our shepherd to be treated by the milk and urine of his camels.
So they went as directed, and after they drank from the camels' milk and urine, they became healthy, and they killed the shepherd and drove away all the camels. The news reached the Prophet and he sent (men) in their pursuit and they were captured. He then ordered that their hands and feet be cut off (and it was done), and their eyes were branded with heated pieces of iron. Next, they were put in the sun until they died.”
This is the wording of Muslim.
In another narration for this Hadith, it was mentioned that these people were from the tribes of Ukl or Uraynah.
Another narration reported that these people were put in the Harrah area (of Al-Madinah), and when they asked for water, no water was given to them.
أَن يُقَتَّلُواۡ أَوۡ يُصَلَّبُواۡ أَوۡ تُقَطَّعَ أَيۡدِيهِمۡ وَأَرۡجُلُهُم مِّنۡ خِلفٍ أَوۡ يُنفَوۡاۡ مِنَ الَارۡضِ
they shall be killed or crucified or their hands and their feet be cut off on the opposite sides, or be exiled from the land.
Ali bin Abi Talhah said that Ibn Abbas said about this Ayah,
“He who takes up arms in Muslim land and spreads fear in the fairways and is captured, the Muslim Leader has the choice to either have him killed, crucified or cut off his hands and feet.”
Similar was said by Sa`id bin Al-Musayyib, Mujahid, Ata, Al-Hasan Al-Basri, Ibrahim An-Nakhai and Ad-Dahhak, as Abu Jafar Ibn Jarir recorded.
This view is supported by the fact that the word Aw (or), indicates a choice. As Allah said,
فَجَزَاءٌ مِّثۡلُ مَا قَتَلَ مِنَ النَّعَمِ يَحۡكُمُ بِهِ ذَوَا عَدۡلٍ مِّنۡكُمۡ هَدۡياً بَـلِغَ الۡكَعۡبَةِ أَوۡ كَفَّارَةٌ طَعَامُ مَسَـكِينَ أَو عَدۡلُ ذلِكَ صِيَاماً
The penalty is an offering, brought to the Ka`bah, of an eatable animal equivalent to the one he killed, as adjudged by two just men among you; or, for expiation, he should feed the poor, or its equivalent in fasting. (5:95)
فَمَن كَانَ مِنكُم مَّرِيضًا أَوۡ بِهِ أَذًى مِّن رَّأۡسِهِ فَفِدۡيَةٌ مِّن صِيَامٍ أَوۡ صَدَقَةٍ أَوۡ نُسُكٍ
And whosoever of you is ill or has an ailment in his scalp (necessitating shaving), he must pay a ransom of either fasting or giving charity or offering a sacrifice. (2:196)
فَكَفَّارَتُهُ إِطۡعَامُ عَشَرَةِ مَسَـكِينَ مِنۡ أَوۡسَطِ مَا تُطۡعِمُونَ أَهۡلِيكُمۡ أَوۡ كِسۡوَتُهُمۡ أَوۡ تَحۡرِيرُ رَقَبَةٍ
for its expiation feed ten of the poor, on a scale of the average of that with which you feed your own families, or clothe them, or free a slave. (5:89)
All of these Ayat offer a choice, just as the Ayah above.
As for Allah's statement,
أَوۡ يُنفَوۡاۡ مِنَ الَارۡضِ
(or be exiled from the land).
Ibn Jarir recorded from Ibn Abbas, Anas bin Malik, Sa`id bin Jubayr, Ad-Dahhak, Ar-Rabi` bin Anas, Az-Zuhri, Al-Layth bin Sa`d and Malik bin Anas that,
it means, he is actively pursued until he is captured, and thus receives his prescribed punishment, or otherwise he escapes from the land of Islam.
Some said that;
the Ayah means these people are expelled to another land, or to another state by the Muslims authorities.
Sa`id bin Jubayr, Abu Ash-Sha`tha, Al-Hasan, Az-Zuhri, Ad-Dahhak and Muqatil bin Hayyan said that;
he is expelled, but not outside of the land of Islam, while others said that he is to be imprisoned.
ذَلِكَ لَهُمۡ خِزۡيٌ فِي الدُّنۡيَا وَلَهُمۡ فِي الاخِرَةِ عَذَابٌ عَظِيمٌ
That is their disgrace in this world, and a great torment is theirs in the Hereafter.
means, the punishment We prescribed, killing these aggressors, crucifying them, cutting off their hands and feet on opposite sides, or expelling them from the land is a disgrace for them among mankind in this life, along with the tremendous torment Allah has prepared for them in the Hereafter.
This view supports the opinion that these Ayat were revealed about the idolators. As for Muslims, in his Sahih, Muslim recorded that Ubadah bin As-Samit said,
“The Messenger of Allah took the same pledge from us that he also took from women:That we do not associate anything with Allah in worship, we do not steal, commit adultery, or kill our children, and that we do not spread falsehood about each other.
He said that he who keeps this pledge, then his reward will be with Allah. He who falls into shortcomings and was punished, then this will be his expiation. And those whose errors were covered by Allah, then their matter is for Allah:If He wills, He will punish them and If He wills, He will pardon them.”
Ali narrated that the Messenger of Allah said,
مَنۡ أَذۡنَبَ ذَنۡبًا فِي الدُّنۡيَا فَعُوقِبَ بِهِ فَاللهُ أَعۡدَلُ مِنۡ أَنۡ يُثَنِّيَ عُقُوبَتَهُ عَلى عَبۡدِهِ وَمَنۡ أَذۡنَبَ ذَنۡبًا فِي الدُّنۡيَا فَسَتَرهُ اللهُ عَلَيۡهِ وَعَفَا عَنۡهُ فَاللهُ أَكۡرَمُ مِنۡ أَنۡ يَعُودَ عَلَيۡهِ فِي شَيۡءٍ قَدۡ عَفَا عَنۡه
He who sins in this life and was punished for it, then Allah is far more just than to combine two punishments on His servant. He who commits an error in this life and Allah hides this error and pardons him, then Allah is far more generous than to punish the servant for something that He has already pardoned.
Recorded by Ahmad, Ibn Majah and At-Tirmidhi who said, “Hasan Gharib.”
Al-Hafiz Ad-Daraqutni was asked about this Hadith, and he said that it was related to the Prophet in some narrations, and it was related to the Companions in others, and that this narration from the Prophet is Sahih.
Ibn Jarir commented on Allah's statement,
ذَلِكَ لَهُمۡ خِزۡيٌ فِي الدُّنۡيَا
(That is their disgrace in this world),
“Meaning, shame, humiliation, punishment, contempt and torment in this life, before the Hereafter,
وَلَهُمۡ فِي الاخِرَةِ عَذَابٌ عَظِيمٌ
(and a great torment is theirs in the Hereafter), if they do not repent from these errors until death overcomes them. In this case, they will be stricken by the punishment that We prescribed for them in this life and the torment that We prepared for them therein,
(a great torment) in the Fire of Jahannam.”
The Punishment of those who Wage War Against Allah and His Messenger is Annulled if They Repent Before their Apprehension
إِلاَّ الَّذِينَ تَابُواۡ مِن قَبۡلِ أَن تَقۡدِرُواۡ عَلَيۡهِمۡ فَاعۡلَمُواۡ أَنَّ اللّهَ غَفُورٌ رَّحِيمٌ""
""Except for those who (having fled away and then) came back (as Muslims) with repentance before they fall into your power; in that case, know that Allah is Oft-Forgiving, Most Merciful.
This Ayah is clear in its indication that it applies to the idolators.
As for the Muslims who commit this crime and repent before they are apprehended, the punishment of killing, crucifixion and cutting the limbs will be waved. The practice of the Companions in this regard is that all of the punishments prescribed in this case will be waved, as is apparent from the wording of the Ayah.
Ibn Abi Hatim recorded that Ash-Sha`bi said,
“Harithah bin Badr At-Tamimi was living in Al-Basra, and he committed the crime of mischief in the land. So he talked to some men from Quraysh, such as Al-Hasan bin Ali, Ibn Abbas and Abdullah bin Jafar, and they talked to Ali about him so that he would grant him safety, but Ali refused.
So Harithah went to Sa`id bin Qays Al-Hamadani who kept him in his house and went to Ali, saying, `O Leader of the Faithful! What about those who wage war against Allah and His Messenger and cause mischief in the land?' So he recited the Ayah until he reached,
إِلاَّ الَّذِينَ تَابُواۡ مِن قَبۡلِ أَن تَقۡدِرُواۡ عَلَيۡهِمۡ
(Except for those who (having fled away and them) came back (as Muslims) with repentance before they fall into your power).
So Ali wrote a document that granted safety, and Sa`id bin Qays said, `This is for Harithah bin Badr.”'
Ibn Jarir recorded this Hadith.
Ibn Jarir recorded that `Amir Ash-Sha`bi said,
“A man from Murad came to Abu Musa, while he was the governor of Al-Kufah during the reign of Uthman, and said to him after he offered the obligatory prayer, `O Abu Musa! I seek your help. I am so-and-so from Murad and I waged war against Allah and His Messenger and caused mischief in the land. I repented before you had any authority over me.'
Abu Musa proclaimed, `This is so-and-so, who had waged war against Allah and His Messenger and caused mischief in the land, and he repented before we had authority over him. Therefore, anyone who meets him, should deal with him in a better way. If he is saying the truth, then this is the path of those who say the truth. If he is saying a lie, his sins will destroy him. So the man remained idle for as long as Allah willed, but he later rose against the leaders, and Allah punished him for his sins and he was killed.”
Ibn Jarir recorded that Musa bin Ishaq Al-Madani said that;
Ali Al-Asadi waged war, blocked the roads, shed blood and plundered wealth. The leaders and the people alike, sought to capture him, but they could not do that until he came after he repented, after he heard a man reciting the Ayah,
قُلۡ يَا عِبَادِيَ الَّذِينَ أَسۡرَفُوا عَلَى أَنفُسِهِمۡ لَا تَقۡنَطُوا مِن رَّحۡمَةِ اللَّهِ إِنَّ اللَّهَ يَغۡفِرُ الذُّنُوبَ جَمِيعًاِنَّهُ هُوَ الۡغَفُورُ الرَّحِيمُ
O My servants who have transgressed against themselves! Despair not of the mercy of Allah, verily, Allah forgives all sins. Truly, He is Oft-Forgiving, Most Merciful. (39:53)
So he said to that man, “O servant of Allah! Recite it again.”
So he recited it again, and Ali put down his sword and went to Al-Madinah in repentance, arriving during the night. He washed up and went to the Masjid of the Messenger of Allah and prayed the dawn prayer. He sat next to Abu Hurayrah amidst his companions. In the morning, the people recognized him and went after him. He said, “You have no way against me. I came in repentance before you had any authority over me.”
Abu Hurayrah said, “He has said the truth,” and he held his hand and went to Marwan bin Al-Hakam, who was the governor of Al-Madinah during the reign of Muawiyah.
Abu Hurayrah said, “This is Ali and he came in repentance and you do not have a way against him, nor can you have him killed.”
So Ali was absolved of punishment and remained on his repentance and went to the sea to perform Jihad in Allah's cause.
The Muslims met the Romans in battle, and the Muslims brought the ship Ali was in to one of the Roman ships, and Ali crossed to that ship and the Romans escaped from him to the other side of the ship, and the ship capsized and they all drowned."""
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