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Lit., "and the like with it".
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The extreme severity of this Qur'anic punishment can be understood only if one bears in mind the fundamental principle of Islamic Law that no duty (taklif) is ever imposed on man without his being granted a corresponding right (haqq); and the term "duty" also comprises, in this context, liability to punishment. Now, among the inalienable rights of every member of the Islamic society - Muslim and non-Muslim alike - is the right to protection (in every sense of the word) by the community as a whole. As is evident from innumerable Qur'anic ordinances as well as the Prophet's injunctions forthcoming from authentic Traditions, every citizen is entitled to a share in the community's economic resources and, thus, to the enjoyment of social security: in other words, he or she must be assured of an equitable standard of living commensurate with the resources at the disposal of the community. For, although the Qur'an makes it clear that human life cannot be expressed in terms of physical existence alone - the ultimate values of life being spiritual in nature - the believers are not entitled to look upon spiritual truths and values as something that could be divorced from the physical and social factors of human existence. In short, Islam envisages and demands a society that provides not only for the spiritual needs of man, but for his bodily and intellectual needs as well. It follows, therefore, that - in order to be truly Islamic - a society (or state) must be so constituted that every individual, man and woman, may enjoy that minimum of material well-being and security without which there can be no human dignity, no real freedom and, in the last resort, no spiritual progress: for, there can be no real happiness and strength in a society that permits some of its members to suffer undeserved want while others have more than they need. If the whole society suffers privations owing to circumstances beyond its control (as happened, for instance, to the Muslim community in the early days of Islam), such shared privations may become a source of spiritual strength and, through it, of future greatness. But if the available resources of a community are so unevenly distributed that certain groups within it live in affluence while the majority of the people are forced to use up all their energies in search of their daily bread, poverty becomes the most dangerous enemy of spiritual progress, and occasionally drives whole communities away from God-consciousness and into the arms of soul-destroying materialism. It was undoubtedly this that the Prophet had in mind when he uttered the warning words (quoted by As-Suyuti in Al-Jami' as-Saghir), "Poverty may well turn into a denial of the truth (kufr)." Consequently, the social legislation of Islam aims at a state of affairs in which every man, woman and child has (a) enough to eat and wear, (b) an adequate home, (c) equal opportunities and facilities for education, and (d) free medical care in health and in sickness. A corollary of these rights is the right to productive and remunerative work while of working age and in good health, and a provision (by the community or the state) of adequate nourishment, shelter, etc. in cases of disability resulting from illness, widowhood, enforced unemployment, old age, or under-age. As already mentioned, the communal obligation to create such a comprehensive social security scheme has been laid down in many Qur'anic verses, and has been amplified and explained by a great number of the Prophet's commandments. It was the second Caliph, 'Umar ibn al-Khattab, who began to translate these ordinances into a concrete administrative scheme (see Ibn Sad, Tabaqat III/1, 213-217); but after his premature death, his successors had neither the vision nor the statesmanship to continue his unfinished work. It is against the background of this social security scheme envisaged by Islam that the Qur'an imposes the severe sentence of hand-cutting as a deterrent punishment for robbery. Since, under the circumstances outlined above, "temptation" cannot be admitted as a justifiable excuse, and since, in the last resort, the entire socio-economic system of Islam is based on the faith of its adherents, its balance is extremely delicate and in need of constant, strictly-enforced protection. In a community in which everyone is assured of full security and social justice, any attempt on the part of an individual to achieve an easy, unjustified gain at the expense of other members of the community must be considered an attack against the system as a whole, and must be punished as such: and, therefore, the above ordinance which lays down that the hand of the thief shall be cut off. One must, however, always bear in mind the principle mentioned at the beginning of this note: namely, the absolute interdependence between man's rights and corresponding duties (including liability to punishment). In a community or state which neglects or is unable to provide complete social security for all its members, the temptation to enrich oneself by illegal means often becomes irresistible - and, consequently, theft cannot and should not be punished as severely as it should be punished in a state in which social security is a reality in the full sense of the word. If the society is unable to fulfil its duties with regard to every one of its members, it has no right to invoke the full sanction of criminal law (hadd) against the individual transgressor, but must confine itself to milder forms of administrative punishment. (It was in correct appreciation of this principle that the great Caliph 'Umar waived the hadd of hand-cutting in a period of famine which afflicted Arabia during his reign.) To sum up, one may safely conclude that the cutting-off of a hand in punishment for theft is applicable only within the context of an already-existing, fully functioning social security scheme, and in no other circumstances.
In Islam, strict conditions must be met for punishments to be carried out. For example, for someone to be punished for theft, the thief must be a sane adult who knows that theft is forbidden, the crime has to be proven either by confession or the testimony of two reliable eyewitnesses, the stolen item has to be of value and taken secretly from a safe place, and the owner has to claim it. Otherwise, the punishment is not applied. Islamic punishments apply neither in non-Muslim countries nor in Muslim countries where Sharî’ah is not fully applied. Moreover, the punishment is only applicable in a society where the needs of the poor are adequately met (i.e., they receive alms-tax, charity, or welfare) and where theft is more out of desire than necessity. It is worth mentioning that ’Umar ibn Al-Khaṭṭâb, Islam’s 2 nd Caliph, suspended this punishment for one year due to widespread famine.
Here we touch upon jurisprudence. The Canon Law jurists are not unanimous as to the value of the property stolen, which would involve the penalty of the cutting off of the hand. The majority hold that petty thefts are exempt from this punishment. The general opinion is that only one hand should be cut off for the first theft, on the principle that "if thy hand or thy foot offend thee, cut them off, and cast them from thee" (Matt. xviii. 8). Apparently in the age of Jesus thieves were crucified (Matt. xxvii. 38).
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I.e., by restituting the stolen goods before being apprehended by the authorities (Manar VI, 382).
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Punishment really does not belong to mortals, but to Allah alone. Only, in order to keep civil society together, and protect innocent people from crime, certain principles are laid down on which people can build up their criminal law. But we must always remember that Allah not only punishes but forgives, and forgiveness is the attribute which is more prominently placed before us. It is not our wisdom that can really define the bounds of forgiveness or punishment, but His Will or Plan, which is the true standard of righteousness and justice.
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Lit., "from among those".
Although this verse is, in the first instance, addressed to the Prophet, it concerns all followers of the Qur'an and is, therefore, valid for all times. The same observation applies to the people of whom this verse speaks: although it mentions only the hypocrites and the Jews, it refers, by implication, to all people who are prejudiced against Islam and willingly lend ear to any false statement about its teachings, preferring to listen to unfriendly non-Muslim "experts" rather than to turn to the Qur'an itself for enlightenment - which is the meaning of the phrase, "without having come to thee [O Muhammad]"
I.e., they are prepared to accept such of the Qur'anic teachings as might suit their preconceived notions, but are not prepared to accept anything that goes against their own inclinations.
This connects with the beginning of this verse; hence my interpolation. For the meaning of fitnah, see surah {8}, note [25].
Two classes of men are meant, viz., the Hypocrites and the Jews. For both of them Al-Mustafa laboured earnestly and assiduously, and it must have been a cause of great grief and disappointment to him that some among them showed so much insincerity, cunning, and hardness of heart. These are types not yet extinct.
There were men among the Jews who were eager to catch up any lie against the Prophet. They had their ears open even to tales from people who had never so much as come near to the Prophet. If we understand "for" instead of "to" before "others" (for the Arabic word would bear both meanings), the sense will be: They are keen listeners or spies for any lies they can catch; and they will act as spies for others (their Rabbis, etc.) who are in the background but to whom they carry false tales.
Cf. v. 13. The addition of the words min badi here suggests the change of words from their right times as well as places. They did not deal honestly with their Law, and misapplied it, by distorting the meaning. Or it may be that as tale-bearers they distorted the meaning by misrepresenting the context.
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The noun suht is derived from the verb sahata, "he utterly destroyed [a thing]", and signifies, primarily, the "doing of anything that leads to destruction" because it is abominable and, therefore, forbidden (Lisan al-'Arab). Hence, it denotes anything that is evil itself. In the above context, the intensive expression akkalun li's-suht may denote "those who greedily devour all that is forbidden" (i.e., illicit gain), or, more probably, "those who greedily swallow all that is evil" - i.e., every false statement made about the Qur'an by its enemies with a view to destroying its impact.
I.e., as to what is right and what is wrong in the sight of God. Most of the commentators assume that this passage refers to a specific judicial case, or cases, which the Jews of Medina brought before the Prophet for decision; but in view of the inherent Qur'anic principle that every historical reference contained in it has also a general import. I rather believe that the "Judgment" alluded to in this verse relates to deciding as to whether any of their beliefs - other than those which the Qur'an explicitly confirms or rejects - is right or wrong.
I.e., on the basis of the ethical laws revealed by God, and not in accordance with their personal, arbitrary likes or dislikes.
i.e., bribes and interest.
Devouring anything forbidden: both in a literal and in a figurative sense. In the figurative sense, it would be: the taking of usury or bribes, or taking undue advantage of people's weak position or their own fiduciary powers to add to their own wealth.
Where it is merely a trick to catch out the unwary, a just man may honourably decline to interfere in a cause submitted to him, as also in a case where the parties are not honestly desirous of justice, but each hopes that some partiality will be shown to it.
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This verse illustrates the strange mentality of the Jews, who - despite the fact that they believe the Torah to contain all of the Divine Law - surreptitiously turn to a religious dispensation in which they do not believe, in the hope that its verdict on certain ethical questions might confirm some of their own wishful beliefs which happen to run counter to the Torah. In other words, they are not really prepared to submit to the judgment of the Torah - although they assert their belief in it - nor the judgment of the Qur'an, which confirms some of the laws of the Torah and abrogates others: for, as soon as they come to realize that the Qur'an does not agree with their preconceived ideas, they turn away from it.
This is a searching question as to the motive of the Jews in bringing their cases for decision to the Prophet. They came either (1) to ridicule whatever he said, or (2) to deceive him as to facts and snatch a favourable decision which was against equity. If their own Law did not suit their selfish interests, they sometimes twisted it. But Muhammad was always inflexible in his justice.
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Implying that the Law of Moses (the Torah) was intended only for the children of Israel, and was never meant to have universal validity.
The expression "some of God's writ (kitab)" implies that the Torah did not exhaust the whole of God's revelation, and that more was yet to be revealed. For an explanation of the term rabbaniyun, see surah {3}, note [62].
I.e., for the illusory feeling of superiority based on the spurious belief that the children of Israel are "God's chosen people" and, therefore, the sole recipients of God's grace and revelation. The "messages" referred to in this sentence relate to the Qur'an as well as to the Biblical prophecies concerning the advent of Muhammad.
Guidance, with reference to conduct, light, with reference to insight into the higher realms of the faith.
Rabbani may, I think, be rightly translated by the Jewish title of Rabbi for their learned men, Jewish learning is identified with Rabbinical literature. Ahbar is the plural of hibr or habr, by which we may understand Jewish Doctors of Law. Later the term was applied to those of other religions.
They were living witnesses to the truth of Scripture, and could testify that they had made it known to the people: Cf. ii. 143, and iv. 135.
Two charges are made, against the Jews: (1) that even the books which they had, they twisted in meaning, to suit their own purposes, because they feared men rather than Allah: (2) that what they had was but fragments of the original Law given to Moses, mixed up with a lot of semi-historical and legendary matter, and some fine poetry. The Taurat mentioned in the Qur-an is not the Old Testament as we have it: nor is it even the Pentateuch (the first five books of the Old Testament, containing the Law embedded in a great deal of semi-historical and legendary narrative). See Appendix 11, on the Taurat (printed at the end of this Sura).
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See Exodus xxi, 23 ff., where details of the extremely harsh penalties provided under Mosaic Law are given.
Lit., "it shall be an atonement for him". The Pentateuch does not contain this call to forgiveness which is brought out with great clarity not only in the Qur'an but also in the teachings of Jesus, especially in the Sermon on the Mount: and this, read in conjunction with the following verses, would seem to be an allusion to the time-bound quality of Mosaic Law. Alternatively, the above admonition may have been part of the original teachings of the Torah which have been subsequently corrupted or deliberately abandoned by its followers, whom the Qur'an accuses of "distorting the meaning of the revealed words" (see verse {41} above).
The retaliation is prescribed in three places in the Pentateuch, viz,. Exod. xxi, 23-25: Leviticus xxiv. 18-21, and Deut, xix. 21. The wording in the three quotations is different, but in none of them is found the additional rider for mercy, as here. Note that in Matt. v. 38. Jesus quotes the Old Law "eye for eye," etc,, and modifies it in the direction of forgiveness, but the Quranic injunction is more practical. Even where the injured one forgives, the State or Ruler is competent to take such action as is necessary for the preservation of law and order in Society. For crime has a bearing that goes beyond the interests of the person injured: the Community is affected: see Q. v. 32.
This is not part of the Mosaic Law, but the teaching of Jesus and of Muhammad. Notice how the teaching of Jesus is gradually introduced as leading up to the Qur-an.
The seeming repetitions at the end of verses 47, 48 and 50 are not real repetitions. The significant words in the three cases are: Unbelievers, wrong-doers, and rebellious; and each fits the context. If the Jews tamper with their books they are Unbelievers; if they give false judgments, they are wrong-doers. If the Christians follow not their light, they are rebellious.
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Regarding the meaning of ma bayna yadayhi (lit., "that which was between his [or "its"] hands") occurring twice in this verse, as well as in verse {48}, see surah {3}, note [3].
Guidance and light: see n. 750 above. For the meaning of the Gospel (Injil), see Appendix III, "On the Injil", (printed at the end of this Sura).
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See n. 756 above.
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The participle muhaymin is derived from the quadriliteral verb haymana, "he watched [over a thing]" or "controlled [it]", and is used here to describe the Qur'an as the determinant factor in deciding what is genuine and what is false in the earlier scriptures (see Manar VI, 410 ff.).
Lit., "judge, then, between them...", etc. This apparently applies not merely to judicial cases but also to opinions as to what is right or wrong in the ethical sense (see note [55] above). As is evident from the mention of the "followers of the Gospel" in the preceding verse, and of the Torah in the earlier passages, the people spoken of here are both the Jews and the Christians.
The expression "every one of you" denotes the various communities of which mankind is composed. The term shir'ah (or shar'ah) signifies, literally, "the way to a watering-place" (from which men and animals derive the element indispensable to their life), and is used in the Qur'an to denote a system of law necessary for a community's social and spiritual welfare. The term minhaj, on the other hand, denotes an "open road", usually in an abstract sense: that is, "a way of life". The terms shir'ah and minhaj are more restricted in their meaning than the term din, which comprises not merely the laws relating to a particular religion but also the basic, unchanging spiritual truths which, according to the Qur'an, have been preached by every one of God's apostles, while the particular body of laws (shir'ah or shari'ah) promulgated through them, and the way of life (minhaj) recommended by them, varied in accordance with the exigencies of the time and of each community's cultural development. This "unity in diversity" is frequently stressed in the Qur'an (e.g., in the first sentence of 2:148 , in {21:92-93}, or in 23:52 ff.). Because of the universal applicability and textual incorruptibility of its teachings - as well as of the fact that the Prophet Muhammad is "the seal of all prophets", i.e., the last of them (see 33:40 ) - the Qur'an represents the culminating point of all revelation and offers the final, perfect way to spiritual fulfilment. This uniqueness of the Qur'anic message does not, however, preclude all adherents of earlier faiths from attaining to God's grace: for - as the Qur'an so often points out - those among them who believe uncompromisingly in the One God and the Day of Judgment (i.e., in individual moral responsibility) and live righteously "need have no fear, and neither shall they grieve".
I.e., "in order to test, by means of the various religious laws imposed on you, your willingness to surrender yourselves to God and to obey Him" (Zamakhshari, Razi), "and thus to enable you to grow, spiritually and socially, in accordance with the God-willed law of evolution" (Manar VI, 418 f.).
Lit., "inform you of that wherein you used to differ" (cf. surah {2}, note [94]). Thus, the Qur'an impresses upon all who believe in God - Muslims and non-Muslims alike - that the differences in their religious practices should make them "vie with one another in doing good works" rather than lose themselves in mutual hostility.
After the corruption of the older revelations, the Qur-an comes with a twofold purpose: (1) to confirm the true and original Message, and (2) to guard it, or act as a check to its interpretation. The Arabic word Muhaimin is very comprehensive in meaning. It means one who safeguards, watches over, stands witness, preserves, and upholds. The Qur-an safeguards "the Book", for it has preserved within it the teachings of all the former Books. It watches over these Books in the sense that it will not let their true teachings to be lost. It supports and upholds these Books in the sense that it corroborates the Word of Allah which has remained intact in them. It stands a witness because it bears testimony to the Word of Allah contained in these Books and helps to sort it out from the interpretations and commentaries of the people which were mixed with it: what is confirmed by the Qur-an is the Word of Allah and what is against it is that of the people.
Law: shir'at = rules of practical conduct. Open Way: Minhaj = The guidance of the Prophet in all aspects of life.
By origin mankind were a single people or nation: iv. 1, and ii. 213. That being so Allah could have kept us all alike, with one language, one kind of disposition, and one set of physical conditions (including climate) to live in. But in His wisdom, He gives us diversity in these things, not only at any given time, but in different periods and ages. This tests our capacity for Unity (Wahdaniyat) still more, and accentuates the need of Unity and Islam.
Men are wont to make conflicting claims regarding Allah, the ultimate destiny of man, and other questions of vital importance. No matter how vehement and eloquent the proponents of false doctrines might be, their efforts will prove fruitless and it will be indisputably clear on the Day of Judgment as to who entertained false notions and who cherished the truth.
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Lit., "between them": see notes [55] and [65] above.
The implication is that a conscious disregard of God's commandments brings with it its own punishment: namely, a gradual corruption of the community's moral values and, thus, growing social disruption and internecine conflict.
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By "pagan ignorance" (jahiliyyah) is meant here not merely the time before the advent of the Prophet Muhammad but, in general, a state of affairs characterized by a lack of moral perception and a submission of all personal and communal concerns to the criterion of "expediency" alone: that is, exclusively to the consideration as to whether a particular aim or action is useful or damaging (in the short-term, practical sense of these words) to the interests of the person concerned or of the community to which he belongs. Inasmuch as this "law of expediency" is fundamentally opposed to the concepts of morality preached by every higher religion, it is described in the Qur'an as "the law (hukm) of pagan ignorance".
The Days of Ignorance were the days of tribalism, feuds and selfish accentuation of differences in man. Those days are really not yet over. It is the mission of Islam to take us away from that false mental attitude, towards the true attitude of Unity. If our Faith is certain (and not merely a matter of words), Allah will guide us to that Unity.
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According to most of the commentators (e.g., Tabari), this means that each of these two communities extends genuine friendship only to its own adherents - i.e., the Jews to the Jews, and the Christians to the Christians - and cannot, therefore, be expected to be really friendly towards the followers of the Qur'an. See also 8:73 , and the corresponding note.
Lit., "the evildoing folk": i.e., those who deliberately sin in this respect. As regards the meaning of the "alliance" referred to here, see 3:28 , and more particularly 4:139 and the corresponding note, which explains the reference to a believer's loss of his moral identity if he imitates the way of life of, or - in Qur'anic terminology - "allies himself" with, non-Muslims. However, as has been made abundantly clear in {60:7-9} (and implied in verse {57} of this surah), this prohibition of a "moral alliance" with non-Muslims does not constitute an injunction against normal, friendly relations with such of them as are well-disposed towards Muslims. It should be borne in mind that the term wali has several shades of meaning: "ally", "friend", "helper", "protector", etc. The choice of the particular term - and sometimes a combination of two terms - is always dependent on the context.
Wali means guardian, caretaker, protector, provider, ally, etc. The Prophet (ﷺ) for example says, “A woman should not get married without a wali.”—that is a guardian such as her father to represent her in the marriage and make sure she receives her full rights. The verse forbids Muslims from allying with the Jews and Christians (or anyone else) conspiring to persecute Muslims. On the other hand, as long as non-Muslims are not at war with Muslims or persecuting them, the Quran (60:8) commands Muslims to be kind and gracious to them.
That is, look not to them for help and comfort. They are more likely to combine against you than to help you. And this happened more than once in the lifetime of the Prophet, and in after-ages again and again. He who associates with them and shares their counsels must be counted as of them. The trimmer loses whichever way the wheel of fortune turns.
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Lit., "vie with one another concerning them" - the pronoun referring to the hostile Jews and Christians, for whose good-will the hypocrites within the Muslim community vie with one another by trying to imitate their way of life.
Lit., "from Himself". Some of the commentators assume that the word fath (lit., "victory" or "triumph") occurring in this sentence is a prophetic reference to the conquest of Mecca by the Muslims. This assumption, however, cannot be correct since Mecca was already in the hands of the Muslims at the time of the revelation of this surah. Hence, the term fath has obviously been used here in its primary significance of "opening" - namely, the opening of good fortune. (Cf. the idiomatic expression futiha 'ala fulan, "so-and-so became fortunate" or "possessed of good fortune", mentioned in Zamakhshari's Asas and in the Taj al-'Arus.) The "other event of God's own devising" may conceivably refer to a divine punishment of the hypocrites apart from the good fortune that might be in store for the true believers.
Cf. ii. 10.
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The Hypocrites, while matters were doubtful, pretended to be with Muslims, but were in league with their enemies. When matters came to a decision and Allah granted victory to Islam, their position was awkward. They were not only disowned by the Muslims, but the Muslims could well say in reproach to their enemies: "Are these the men who swore friendship for you? What was their friendship worth to you? Where are they now?"
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Lit., "whosoever from among you abandons his faith" - i.e., in result of having placed his reliance on non-Muslims who are hostile to Islam, and having taken them for his "allies" and spiritual mentors.
As "most men are rebellious" (v. 49), it is inevitable that there should be apostates even from such a religion of reason and common-sense as Islam. But here is a warning to the Muslim body that they should not repeat the history of the Jews, and become so self-satisfied or arrogant as to depart from the spirit of Allah's teaching. If they do, the loss will be their own. Allah's bounty is not confined to one group or section of humanity. He can always raise up people who will follow the true spirit of Islam. That spirit is defined in two ways: first in general terms; they will love Allah and Allah will love them; and secondly, by specific signs; amongst the Brethren, their attitude will be that of humility, but to wrong-doers they will offer no mealy-mouthed compromises; they will always strive and fight for truth and right; they will know no fear, either physical, or that more insidious form, which says; "What will people say if we act thus? They are too great in mind to be haunted by any such thought. For, as the next verse says, their friends are Allah, His Prophet, and His people, the people who judge rightly, without fear or favour.
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