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Lit., "has been bestowing". Since the form nazzala implies gradualness and continuity in the process of revelation, it can best be rendered by the use of the present tense.
Lit., "who hold discordant views about the divine writ" - i.e., either suppressing or rejecting parts of it, or denying its divine origin altogether (Razi).
From the mere physical regulation we are at once lifted up into the sphere of morals and faith. For the one acts and reacts on the other. If we are constantly carping at wholesome regulations, we shall do nothing but cause division and schisms among the people, and ordered society would tend to break up.
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Thus, the Qur'an stresses the principle that mere compliance with outward forms does not fulfil the requirements of piety. The reference to the turning of one's face in prayer in this or that direction flows from the passages which dealt, a short while ago, with the question of the qiblah.
In this context, the term "revelation" (al-kitab) carries, according to most of the commentators, a generic significance: it refers to the fact of divine revelation as such. As regards belief in angels, it is postulated here because it is through these spiritual beings or forces (belonging to the realm of al-ghayb, i.e., the reality which is beyond the reach of human perception) that God reveals His will to the prophets and, thus, to mankind at large.
The expression ibn as-sabil (lit., "son of the road") denotes any person who is far from his home, and especially one who, because of this circumstance, does not have sufficient means of livelihood at his disposal (cf. Lane IV, 1302). In its wider sense it describes a person who, for any reason whatsoever, is unable to return home either temporarily or permanently: for instance, a political exile or refugee.
Ar-raqabah (of which ar-riqab is the plural) denotes, literally, "the neck", and signifies also the whole of a human person. Metonymically, the expression fi 'r-riqab denotes "in the cause of freeing human beings from bondage", and applies to both the ransoming of captives and the freeing of slaves. By including this kind of expenditure within the essential acts of piety, the Qur'an implies that the freeing of people from bondage - and, thus, the abolition of slavery - is one of the social objectives of Islam. At the time of the revelation of the Qur'an, slavery was an established institution throughout the world, and its sudden abolition would have been economically impossible. In order to obviate this difficulty, and at the same time to bring about an eventual abolition of all slavery, the Qur'an ordains in 8:67 that henceforth only captives taken in a just war (jihad) may be kept as slaves. But even with regard to persons enslaved in this or - before the revelation of 8:67 - in any other way, the Qur'an stresses the great merit inherent in the freeing of slaves, and stipulates it as a means of atonement for various transgressions (see, e.g., 4:92 , 5:89 , 58:3 ). In addition, the Prophet emphatically stated on many occasions that, in the sight of God, the unconditional freeing of a human being from bondage is among the most praiseworthy acts which a Muslim could perform. (For a critical discussion and analysis of all the authentic Traditions bearing on this problem, see Nayl al-Awtar VI, 199 ff.)
As if to emphasise again a warning against deadening formalism, we are given a beautiful description of the righteous and God-fearing man. He should obey salutary regulation, but he should fix his gaze on the love of God and the love of his fellow-men. We are given four heads: (1) our faith should be true and sincere; (2) we must be prepared to show it in deeds of charity to our fellowmen; (3) we must be good citizens, supporting social organisation; and (4) our own individual soul must be firm and unshaken in all circumstances. They are interconnected, and yet can be viewed separately.
Faith is not merely a matter of words. We must realise the presence and goodness of God. When we do so, the scales fall from our eyes: all the falsities and fleeting nature of the Present cease to enslave us, for we see the Last Day as if it were today. We also see God's working in His world and in us; His Powers (angels), His Messengers and His Message are no longer remote from us, but come within our experience.
Practical deeds of charity are of value when they proceed from love, and from no other motive. In this respect, also, our duties take various forms, which are shown in reasonable gradation: our kith and kin; orphans (including any persons who are without support or help); people who are in real need but who never ask (it is our duty to find them out, and they come before those who ask); the stranger, who is entitled to laws of hospitality; the people who ask and are entitled to ask, i.e., not merely lazy beggars, but those who seek our assistance in some form or another (it is our duty to respond to them); and the slaves (we must do all we can to give or buy their freedom). Slavery has many insidious forms, and all are included.
Charity and piety in individual cases do not complete our duties. In prayer and charity, we must also look to our organised efforts: where there is a Muslim State, these are made through the State, in facilities for public prayer, and public assistance, and for the maintenance of contracts and fair dealing in all matters.
Then come the Muslim virtues of firmness and patience. They are to "preserve the dignity of man, with soul erect" (Burns). Three sets of circumstances are specially mentioned for the exercise of this virtue: (1) bodily pain or suffering, (2) adversities or injuries of all kinds, deserved and underserved and (3) periods of public panic, such as war, violence, pestilence, etc.
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After having pointed out that true piety does not consist in mere adherence to outward forms and rites, the Qur'an opens, as it were, a new chapter relating to the problem of man's behaviour. Just as piety cannot become effective without righteous action, individual righteousness cannot become really effective in the social sense unless there is agreement within the community as to the social rights and obligations of its members: in other words, as to the practical laws which should govern the behaviour of the individual within the society and the society's attitude towards the individual and his actions. This is the innermost reason why legislation plays so great a role within the ideology of Islam, and why the Qur'an consistently intertwines its moral and spiritual exhortation with ordinances relating to practical aspects of social life. Now one of the main problems facing any society is the safeguarding of the lives and the individual security of its members: and so it is understandable that laws relating to homicide and its punishment are dealt with prominently at this place. (It should be borne in mind that "The Cow" was the first surah revealed in Medina, that is, at the time when the Muslim community had just become established as an independent social entity.) As for the term qisas occurring at the beginning of the above passage, it must be pointed out that - according to all the classical commentators - it is almost synonymous with musawah, i.e., "making a thing equal [to another thing]": in this instance, making the punishment equal (or appropriate) to the crime - a meaning which is best rendered as "just retribution" and not (as has been often, and erroneously, done) as "retaliation". Seeing that the Qur'an speaks here of "cases of killing" (fi 'l-qatla, lit., "in the matter of the killed") in general, and taking into account that this expression covers all possible cases of homicide - premeditated murder, murder under extreme provocation, culpable homicide, accidental manslaughter, and so forth - it is obvious that the taking of a life for a life (implied in the term "retaliation") would not in every case correspond to the demands of equity. (This has been made clear, for instance, in 4:92 , where legal restitution for unintentional homicide is dealt with.) Read in conjunction with the term "just retribution" which introduces this passage, it is clear that the stipulation "the free for the free, the slave for the slave, the woman for the woman" cannot - and has not been intended to - be taken in its literal, restrictive sense: for this would preclude its application to many cases of homicide, e.g., the killing of a free man by a slave, or of a woman by a man, or vice-versa. Thus, the above stipulation must be regarded as an example of the elliptical mode of expression (ijaz) so frequently employed in the Qur'an, and can have but one meaning, namely: "if a free man has committed the crime, the free man must be punished; if a slave has committed the crime...", etc. - in other words, whatever the status of the guilty person, he or she (and he or she alone) is to be punished in a manner appropriate to the crime.
Lit., "and he to whom [something] is remitted by his brother". There is no linguistic justification whatever for attributing - as some of the commentators have done - the pronoun "his" to the victim and, thus, for assuming that the expression "brother" stands for the victim's "family" or "blood relations". The pronoun "his" refers, unquestionably, to the guilty person; and since there is no reason for assuming that by "his brother" a real brother is meant, we cannot escape the conclusion that it denotes here "his brother in faith" or "his fellow-man" - in either of which terms the whole community is included. Thus, the expression "if something is remitted to a guilty person by his brother" (i.e., by the community or its legal organs) may refer either to the establishment of mitigating circumstances in a case of murder, or to the finding that the case under trial falls within the categories of culpable homicide or manslaughter - in which cases no capital punishment is to be exacted and restitution is to be made by the payment of an indemnity called diyyah (see 4:92 ) to the relatives of the victim. In consonance with the oft-recurring Qur'anic exhortation to forgiveness and forbearance, the "remission" mentioned above may also (and especially in cases of accidental manslaughter) relate to a partial or even total waiving of any claim to indemnification.
Lit., "and restitution to him in a goodly manner", it being understood that the pronoun in ilayhi ("to him") refers to the "brother in faith" or "fellow-man" mentioned earlier in this sentence. The word ada' (here translated as "restitution") denotes an act of acquitting oneself of a duty or a debt (cf. Lane I, 38), and stands here for the act of legal reparation imposed on the guilty person. This reparation or restitution is to be made "in a goodly manner" - by taking into account the situation of the accused and, on the latter's part, by acquitting himself of his obligation willingly and sincerely (cf. Manar II, 129).
Lit., "after this" - i.e., after the meaning of what constitutes "just retribution" (qisas) has been made clear in the above ordinance (Razi).
No one else should be executed in place of the killer. This verse was revealed regarding a particular incident. Nevertheless, the killer is killed regardless of the difference in gender or status, unless the victim’s family opts for blood money.
The guardian is the victim’s closest heir—male or female.
Or according to common law.
Note first that this verse and the next make it clear that Islam has much mitigated the horrors of the pre-Islamic custom of retaliation. In order to meet the strict claims of justice, equality is prescribed, with a strong recommendation for mercy and forgiveness. To translate qisas, therefore, by retaliation, is I think incorrect. The Latin legal term Lex Talionsis may come near it, but even that is modified here. In any case it is best to avoid technical terms for things that are very different. "Retaliation" in English has a wider meaning, equivalent almost to returning evil for evil, and would more fitly apply to the blood-feuds of the Days of Ignorance. Islam says: if you must take a life for a life, at least there should be some measure of equality in it; the killing of the slave of a tribe should not involve a blood feud where many free men would be killed; but the law of mercy, where it can be obtained by consent, with reasonable compensation, would be better.
The jurists have carefully laid down that the law of qisas refers to murder only. Qisas is not applicable to manslaughter, due to a mistake or an accident. There, there would be no capital punishment.
The brother: the term is perfectly general; all men are brothers in Islam. In this, and in all questions of inheritance, females have similar rights to males, and therefore the masculine gender imports both sexes. Here we are considering the rights of the heirs in the light of the larger brotherhood. In ii. 178-79 we have the rights of the heirs to life (as it were): in ii. 180-82 we proceed to the heirs to property.
The demand should be such as can be met by the party concerned, i.e., within his means, and reasonable according to justice and good conscience. For example, a demand could not be made affecting the honour of a woman or a man. The whole penalty can be remitted if the aggrieved party agrees, out of brotherly love. In meeting that demand the culprit or his friends should equally be generous and recognise the good-will of the other side. There should be no subterfuges, no bribes, no unseemly by-play: otherwise the whole intention of mercy and peace is lost.
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I.e., "there is a safeguard for you, as a community, so that you might be able to live in security, as God wants you to live". Thus, the objective of qisas is the protection of the society, and not "revenge".
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The word khayr occurring in this sentence denotes "much wealth" and not simply "property": and this explains the injunction that one who leaves much wealth behind should make bequests to particularly deserving members of his family in addition to - and preceding the distribution of - the legally-fixed shares mentioned in {4:11-12}. This interpretation of khayr is supported by sayings of 'A'ishah and 'Ali ibn Abi Talib, both of them referring to this particular verse (cf. Zamakhshari and Baydawi).
This ruling should be understood in light of the inheritance laws in 4:11-12, which give specific shares to parents and close relatives. Relatives who do not have a share may get a bequest up to one third of the estate.
There are rules of course for the disposal of intestate property. But it is a good thing that a dying man or woman should, of his own free-will, think of his parents and his next of kin, not in a spirit of injustice to other, but in a spirit of love and reverence for those who have cherished him. He must, however, do it "according to reasonable usage": the limitations will be seen further on.
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Lit., "and as for him who alters it" - i.e., after the testator's death - "after having heard it, the sin thereof is only upon those who alter it": that is, not on anyone who may have unwittingly benefited by this alteration. It is to be noted that the verb sami'a (lit., "he heard") has also the connotation of "he came to know".
After the death of the one who made the will.
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Lit., "between them" - i.e., a settlement overriding the testamentary provisions which, by common consent of the parties concerned, are considered unjust.
A verbal will is allowed, but it is expected that the testator will be just to his heirs and not depart from what is considered equitable. For this reason definite shares were laid down for heirs later (see Q. iv. 11, etc.). These define or limit the testamentary power, but do not abrogate it. For example, amongst kin there are persons, e.g., an orphan grandson in the presence of surviving sons) who would not inherit under the intestate scheme, and the testator might like to provide for them. Again, there may be outsiders for whom he may wish to provide, and jurists have held that he has powers of disposition up to one-third of his property. But he must not be partial to one heir at the expense of another, or attempt to defeat lawful creditors. If he tries to do this, those who are witnesses to his oral disposition may interfere in two ways. One way would be to persuade the testator to change his bequest before he dies. The other way would be after death, to get the interested parties together and ask them to agree to a more equitable arrangement. In such a case they are acting in good faith, and there is no fraud. They are doing nothing wrong. Islam approves of every lawful device for keeping brethren at peace, without litigation and quarrels. Except for this, the changing of the provisions of a Will is a crime, as it is under all Law.
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i.e., the followers of previous prophets.
As it was prescribed: this does not mean that the Muslim fast is like the other fasts previously observed, in the number of days, in the time or manner of the fast, or in other incidents; it only means that the principle of self-denial by fasting is not a new one.
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I.e., during the twenty-nine or thirty days of Ramadan, the ninth month of the Islamic lunar calendar (see next verse). It consists of a total abstention from food, drink and sexual intercourse from dawn until sunset. As the Qur'an points out, fasting has been widely practiced at all times of man's religious history. The extreme rigour and the long duration of the Islamic fast - which is incumbent on every healthy adult, man or woman - fulfils, in addition to the general aim of spiritual purification, a threefold purpose: (1) to commemorate the beginning of the Qur'anic revelation, which took place in the month of Ramadan about thirteen years before the Prophet's exodus to Medina; (2) to provide an exacting exercise of self-discipline; and (3) to make everyone realize, through his or her own experience, how it feels to be hungry and thirsty, and thus to gain a true appreciation of the needs of the poor.
This phrase has been subject to a number of conflicting and sometimes highly laboured interpretations. My rendering is based on the primary meaning of alladhina yutiqunahu ("those who are capable of it" or "are able to do it" or "can afford it"), with the pronoun hu relating to the act of "feeding a needy person".
Some commentators are of the opinion that this refers to a voluntary feeding of more than one needy person, or to feeding the needy for more than the number of days required by the above ordinance. Since, however, the remaining part of the sentence speaks of the benefits of fasting as such, it is more probable that "doing more good than one is bound to do" refers, in this context, to supererogatory fasting (such as the Prophet sometimes undertook) apart from the obligatory one during the month of Ramadan.
i.e., the month of Ramaḍân, the 9 th month in the Islamic calendar.
In the case of old age or chronic disease.
This verse should be read with the following verses, 185-88, in order that the incidents of the physical fast may be fully understood with reference to its spiritual meaning.
Illness and journey must not be interpreted in an elastic sense: they must be such as to cause real pain or suffering if the fast were observed. For journeys, a minimum standard of three marches is prescribed by some Commentators: others make it more precise by naming a distance of 16 farsakhs, equivalent to 48 miles. A journey of 8 or 9 miles on foot is more tiring than a similar one by bullock cart. There are various degrees of fatigue in riding a given distance on horseback or by camel or in a comfortable train or by motor car or by steamer, aeroplane, or airship. In my opinion the standard must depend on the means of locomotion and on the relative resources of the traveller. It is better to determine it in each case according to circumstances.
Those who can do it with hardship: such as aged people, or persons specially circumstanced. The Shafiis would include a woman expecting a child, or one who is nursing a baby, but on this point opinion is not unanimous, some holding that they ought to put in the fasts later, when they can.
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Lit., "witnesses" or "is present in".
Judgment (between right and wrong): Furqan - the criterion or standard by which we judge between right and wrong. See ii. 53 n.
The regulations are again and again coupled with an insistence on two things: (a) the facilities and concessions given, and (b) the spiritual significance of the fast, without which it is like an empty shell without a kernel. If we relise this, we shall look upon Ramadhan, not as a burden, but as a blessing, and shall be duly grateful for the lead given to us in this matter.
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These verses 186 and 188 are not foreign to the subject of Ramadhan, but emphasise its spiritual aspect. Here we are told of Prayer and the nearness of God, and in 188 we are asked not to "eat up" other people's substance.
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Lit., "deceived" or "defrauded yourselves [in this respect]": an allusion to the idea prevalent among the early Muslims, before the revelation of this verse, that during the period of fasting all sexual intercourse should be avoided, even at night-time, when eating and drinking are allowed (Razi). The above verse removed this misconception.
Lit., "and seek that which God has ordained for you": an obvious stress on the God-willed nature of sexual life.
Lit., "the white line of dawn from the black line [of night]". According to all Arab philologists, the "black line" (al-khayt al-aswad) signifies "the blackness of night" (Lane II, 831); and the expression al-khaytan ("the two lines" or "streaks") denotes "day and night" (Lisan al-'Arab).
It was the practice of the Prophet to spend several days and nights during Ramadan - and occasionally also at other times - in the mosque, devoting himself to prayer and meditation to the exclusion of all worldly activities; and since he advised his followers as well to do this from time to time, seclusion in a mosque for the sake of meditation, called i'tikaf, has become a recognized - though optional - mode of devotion among Muslims, especially during the last ten days of Ramadan.
“Garment” (libâs) is a metaphor for comfort, chastity, and protection.
Initially, intimate relations during the night of Ramaḍân were not permissible. Since some Muslims could not resist not having intercourse with their spouses, this verse was revealed allowing intimacy during the nights preceding the fast.
This implies offspring.
Men and women are each other's garments: i.e., they are for mutual support, mutual comfort, and mutual protection, fitting into each other as a garment fits the body. A garment also is both for show and concealment. The question of sex is always delicate to handle: here we are told that even in such matters a clear, open, and honest course is better than fraud or self-deception. The sex instinct is classed with eating and drinking, an animal thing to be restrained, but not to be ashamed of. The three things are prohibited during the fast by day, but permitted after the fast is broken at night till the next fast commences.
There is difference of opinion as to the exact meaning of this. I would connect this as a parallel clause with the clause "eat and drink", which follows, all three being governed by "until the white thread", etc. That is, all three things must stop when the fast begins again in the early morning. Or it may mean: What is permitted is well enough, but seek the higher things ordained for you.
Those in touch with Nature know the beautiful effects of early dawn. First appear thin white indefinable streaks of light in the east; then a dark zone supervenes; followed by a beautiful pinkish white zone clearly defined from the dark. This is the true dawn; after that the fast begins.
Till the night appears: From the actual practice of the Holy Apostle, this is rightly interpreted to mean: "Till sunset."
Retreat to the Mosques by night after the fast is broken is specially recommended towards the end of Ramadham, so that all carnal temptations may be avoided.
I construe these limits as applying to the whole of the regulations about fasts.
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Lit., "and do not throw it to the judges" - i.e., with a view to being decided by them contrary to what is right (Zamakhshari, Baydawi).
Lit., "a part of [other] people's possessions".
Besides the three primal physical needs of man, which are apt to make him greedy, there is a fourth greed in society, the greed of wealth and property. The purpose of fasts is not completed until this fourth greed is also restrained. Ordinarily honest men are content if they refrain from robbery, theft, or embezzlement. Two more subtle forms of the greed are mentioned here. One is where one uses one's own property for corrupting others - judges or those in authority - so as to obtain some material gain even under the cover and protection of the law. The words translated "other people's property" may also mean "public property". A still more subtle form is where we use our own property or property under our own control - "among yourselves" in the Text - for vain or frivolous uses. Under the Islamic standard this is also greed. Property carries with it its own responsibilities. If we fail to understand or fulfil them, we have not learnt the full lesson of self-denial by fasts.
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The reference, at this stage, to lunar months arises from the fact that the observance of several of the religious obligations instituted by Islam - like the fast of Ramadan, or the pilgrimage to Mecca (which is dealt with in verses {196-203}) - is based on the lunar calendar, in which the months rotate through the seasons of the solar year. This fixation on the lunar calendar results in a continuous variation of the seasonal circumstances in which those religious observances are performed (e.g., the length of the fasting-period between dawn and sunset, heat or cold at the time of the fast or the pilgrimage), and thus in a corresponding, periodical increase or decrease of the hardship involved. In addition to this, reckoning by lunar months has a bearing on the tide and ebb of the oceans, as well as on human physiology (e.g., a woman's monthly courses - a subject dealt with later on in this surah).
I.e., true piety does not consist in approaching questions of faith through a "back door", as it were - that is, through mere observance of the forms and periods set for the performance of various religious duties (cf. 2:177 ). However important these forms and time-limits may be in themselves, they do not fulfil their real purpose unless every act is approached through its spiritual "front door", that is, through God-consciousness. Since, metonymically, the word bab ("door") signifies "a means of access to, or of attainment of, a thing" (see Lane I, 272), the metaphor of "entering a house through its door" is often used in classical Arabic to denote a proper approach to a problem (Razi).
Before Islam, there was a superstitious practice for pilgrims to enter their homes through the back door upon returning from the pilgrimage. The verse suggests that being devoted to Allah wholeheartedly is more important than blindly following old traditions.
There were many superstitions connected with the New Moon, as there are to the present day. We are told to disregard such superstitions. As a measure of time, where the lunar calendar is used, the New Moon is one great sign, for which people watch with eagerness. Muslim festivals, including the Pilgrimage, are fixed by the appearance of the New Moon. The Arabs, among other superstitions, had one which made them enter their houses by the back door during or after the Pilgrimage. This is disapproved, for there is no virtue in any such artificial restrictions. All virtue proceeds from the love and fear of God.
This is a Muslim proverb now, and much might be written about its manifold meanings. A few may be notes here. (1) If you enter a society, respect its manners and customs. (2) If you want to achieve an object honourably, go about it openly and not "by a backdoor". (3) Do not beat about the bush. (4) If you wish success in an undertaking, provide all the necessary instruments for it.
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This and the following verses lay down unequivocally that only self-defence (in the widest sense of the word) makes war permissible for Muslims. Most of the commentators agree in that the expression la ta'tadu signifies, in this context, "do not commit aggression"; while by al-mu'tadin "those who commit aggression" are meant. The defensive character of a fight "in God's cause" - that is, in the cause of the ethical principles ordained by God - is, moreover, self-evident in the reference to "those who wage war against you", and has been still further clarified in 22:39 - "permission [to fight] is given to those against whom war is being wrongfully waged" - which, according to all available Traditions, constitutes the earliest (and therefore fundamental) Qur'anic reference to the question of jihad, or holy war (see Tabari and Ibn Kathir in their commentaries on 22:39 ). That this early, fundamental principle of self-defence as the only possible justification of war has been maintained throughout the Qur'an is evident from 60:8 , as well as from the concluding sentence of 4:91 , both of which belong to a later period than the above verse.
“Do not exceed the limits” refers to Islamic warfare guidelines set by the Prophet. In an authentic saying collected by Abu Dawûd, he (ﷺ) is reported to have instructed the Muslim army, “Depart in the Name of Allah and with His help—following the way of the Messenger of Allah. Do not kill an old man, a child, or a woman. Do not mutilate dead bodies of the enemy. Be gracious and courteous, for Allah loves those who act with grace.” The Prophet (ﷺ) also says, “Do not wish to meet your enemy in battle but always pray for well-being. If fighting is a must, then be steadfast.”
War is only permissible in self-defence, and under well-defined limits. When undertaken, it must be pushed with vigour, but not relentlessly, but only to restore peace and freedom for the worship of God. In any case strict limits must not be transgressed: women, children, old and infirm men should not be molested, nor trees and crops cut down, nor peace withheld when the enemy comes to terms.
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