Al-Ma'idah 5:38–50

The Necessity of Cutting off the Hand of the Thief

Allah commands and decrees that the hand of the thief, male or female be cut off. During the time of Jahiliyyah, this was also the punishment for the thief, and Islam upheld this punishment. In Islam, there are several conditions that must be met before this punishment is carried out, as we will come to know, Allah willing. There are other rulings that Islam upheld after modifying these rulings, such as that of blood money for example. When Does Cutting the Hand of the Thief Become Necessary In is recorded in the Two Sahihs that Abu Hurayrah said that the Messenger of Allah ﷺ said, n

«لَعَنَ اللهُ السَّارِقَ يَسْرِقُ الْبَيْضَةَ فَتُقْطَعُ يَدُهُ، وَيَسْرِقُ الْحَبْلَ فَتُقْطَعُ يَدُه»

(May Allah curse the thief who steals an egg and as a result his hand is cut off, and who steals rope and as a result his hand is cut off.) Al-Bukhari and Muslim recorded that `A'ishah said that the Messenger of Allah ﷺ said,

«تُقْطَعُ يَدُ السَّارِقِ فِي رُبْعِ دِينَارٍ فَصَاعِدًا»

(The hand of the thief shall be cut off if he steals a quarter of a Dinar or more.) Muslim recorded that `A'ishah, may Allah be pleased with her, said that the Messenger of Allah ﷺ said,

«لَا تُقْطَعُ يَدُ السَّارقِ إِلَّا فِي رُبْعِ دِينارٍ فَصَاعِدًا»

(The hand of the thief shall only be cut off if he steals a quarter of a Dinar or more.) This Hadith is the basis of the matter since it specifies (that the least amount of theft that deserves cutting the hand) is a quarter of a Dinar. So this Hadith fixes the value. And saying that it is three Dirhams is not a contradiction. This is because the Dinar in question was equal to twelve Dirhams, so three Dirhams equalled a fourth of a Dinar. So in this way it is possible to harmonize these two views. This opinion was reported from `Umar bin Al-Khattab, `Uthman bin `Affan,

When Does Cutting the Hand of the Thief Become Necessary

In is recorded in the Two Sahihs that Abu Hurayrah said that the Messenger of Allah ﷺ said, n

«لَعَنَ اللهُ السَّارِقَ يَسْرِقُ الْبَيْضَةَ فَتُقْطَعُ يَدُهُ، وَيَسْرِقُ الْحَبْلَ فَتُقْطَعُ يَدُه»

(May Allah curse the thief who steals an egg and as a result his hand is cut off, and who steals rope and as a result his hand is cut off.) Al-Bukhari and Muslim recorded that `A'ishah said that the Messenger of Allah ﷺ said,

«تُقْطَعُ يَدُ السَّارِقِ فِي رُبْعِ دِينَارٍ فَصَاعِدًا»

(The hand of the thief shall be cut off if he steals a quarter of a Dinar or more.) Muslim recorded that `A'ishah, may Allah be pleased with her, said that the Messenger of Allah ﷺ said,

«لَا تُقْطَعُ يَدُ السَّارقِ إِلَّا فِي رُبْعِ دِينارٍ فَصَاعِدًا»

(The hand of the thief shall only be cut off if he steals a quarter of a Dinar or more.) This Hadith is the basis of the matter since it specifies (that the least amount of theft that deserves cutting the hand) is a quarter of a Dinar. So this Hadith fixes the value. And saying that it is three Dirhams is not a contradiction. This is because the Dinar in question was equal to twelve Dirhams, so three Dirhams equalled a fourth of a Dinar. So in this way it is possible to harmonize these two views. This opinion was reported from `Umar bin Al-Khattab, `Uthman bin `Affan, `Ali bin Abi Talib - may Allah be pleased with them - and it is the view of `Umar bin `Abdul-`Aziz, Al-Layth bin Sa`d, Al-Awza`i, and Ash-Shafi`i and his companions. This is also the view of Imam Ahmad bin Hanbal and Ishaq bin Rahwayh in one of the narrations from him, as well as Abu Thawr, and Dawud bin `Ali Az-Zahari, may Allah have mercy upon them. As for Imam Abu Hanifah and his students Abu Yusuf, Muhammad and Zufar, along with Sufyan Ath-Thawri, they said that the least amount of theft that deserves cutting off the hand is ten Dirhams, whereas a Dinar was twelve Dirhams at that time. The first ruling is the correct one, that the least amount of theft is one forth of a Dinar or more. This meager amount was set as the limit for cutting the hand, so that the people would refrain from theft, and this is a wise decision to those who have sound comprehension. Hence Allah's statement,

جَزَآءً بِمَا كَسَبَا نَكَلاً مِّنَ اللَّهِ وَاللَّهُ عَزِيزٌ حَكِيمٌ

(as a recompense for that which both committed, a punishment by way of example from Allah. And Allah is All-Powerful, All-Wise.) This is the prescribed punishment for the evil action they committed, by stealing the property of other people with their hands. Therefore, it is fitting that the tool they used to steal the people's wealth be cut off as punishment from Allah for their error.

وَاللَّهُ عَزِيزٌ

(And Allah is All-Powerful, ) in His torment,

حَكِيمٌ

(All-Wise.) in His commands, what he forbids, what He legislates and what He decrees.

Repentance of the Thief is Acceptable

Allah said next,

فَمَن تَابَ مِن بَعْدِ ظُلْمِهِ وَأَصْلَحَ فَإِنَّ اللَّهَ يَتُوبُ عَلَيْهِ إِنَّ اللَّهَ غَفُورٌ رَّحِيمٌ

(But whosoever repents after his crime and does righteous good deeds, then verily, Allah will pardon him. Verily, Allah is Oft-Forgiving, Most Merciful.) Therefore, whoever repents and goes back to Allah after he commits theft, then Allah will forgive him. Imam Ahmad recorded that `Abdullah bin `Amr said that a woman committed theft during the time of the Messenger of Allah ﷺ and those from whom she stole brought her and said, "O Allah's Messenger! This woman stole from us." Her people said, "We ransom her." The Messenger of Allah ﷺ said,

«اقْطَعُوا يَدَهَا»

(Cut off her hand.) They said, "We ransom her with five hundred Dinars." The Prophet said,

«اقْطَعُوا يَدَهَا»

(Cut off her hand.) Her right hand was cut off and the woman asked, "O Messenger of Allah! Is there a chance for me to repent" He said,

«نَعَمْ أَنْتِ الْيَوْمَ مِنْ خَطِيئَتِكِ كَيَوْمَ وَلَدَتْكِ أُمُّك»

(Yes. This day, you are free from your sin just as the day your mother gave birth to you.) Allah sent down the verse in Surat Al-Ma'idah,

فَمَن تَابَ مِن بَعْدِ ظُلْمِهِ وَأَصْلَحَ فَإِنَّ اللَّهَ يَتُوبُ عَلَيْهِ إِنَّ اللَّهَ غَفُورٌ رَّحِيمٌ

(But whosoever repents after his crime and does righteous good deeds (by obeying Allah), then verily, Allah will pardon him. Verily, Allah is Oft-Forgiving, Most Merciful.) This woman was from the tribe of Makhzum. Her story was narrated in the Two Sahihs from Az-Zuhri from `Urwah from `A'ishah, The incident caused concern for the Quraysh after she committed the theft during the time of the battle of the Conquest of Makkah. They said, "Who can talk to Allah's Messenger ﷺ about her matter" They then said, "Who dares speak to him about such matters other than Usamah bin Zayd, his loved one." When the woman was brought to the Messenger of Allah ﷺ, Usamah bin Zayd talked to him about her and the face of the Messenger ﷺ changed color (because of anger) and he said,

«أَتَشْفَعُ فِي حَدَ مِنْ حُدُودِ اللهِ عَزَّ وَجَلَّ؟»

(Do you intercede in a punishment prescribed by Allah) Usamah said to him, "Ask Allah to forgive me, O Allah's Messenger!" During that night, the Messenger of Allah ﷺ stood up and gave a speech and praised Allah as He deserves to be praised. He then said,

«أَمَّا بَعْدُ فَإِنَّمَا أَهْلَكَ الَّذِينَ مِنْ قَبْلِكُمْ أَنَّهُمْ كَانُوا إِذَا سَرَقَ فِيهِمُ الشَّرِيفُ تَرَكُوهُ، وَإِذَا سَرَقَ فِيهِمُ الضَّعِيفُ أَقَامُوا عَلَيْهِ الْحَدَّ، وَإِنِّي وَالَّذِي نَفْسِي بِيَدِهِ لَوْ أَنَّ فَاطِمَةَ بِنْتَ مُحَمَّدٍ سَرَقَتْ لَقَطَعْتُ يَدَهَا»

(Those who were before you were destroyed because when an honorable person among them would steal, they would leave him. But, when a weak man among them stole, they implemented the prescribed punishment against him. By Him in Whose Hand is my soul! If Fatimah the daughter of Muhammad stole, I will have her hand cut off.) The Prophet commanded that the hand of the woman who stole be cut off, and it was cut off. `A'ishah said, `Her repentance was sincere afterwards, and she got married and she used to come to me so that I convey her needs to the Messenger of Allah ﷺ." This is the wording that Muslim collected, and in another narration by Muslim, `A'ishah said, "She was a woman from Makhzum who used to borrow things and deny that she took them. So the Prophet ordered that her hand be cut off." Allah then said,

أَلَمْ تَعْلَمْ أَنَّ اللَّهَ لَهُ مُلْكُ السَّمَوَتِ وَالأَرْضِ

(Know you not that to Allah (Alone) belongs the dominion of the heavens and the earth!) He owns everything and decides what He wills for it and no one can resist His judgment,

فَيَغْفِرُ لِمَن يَشَآءُ وَيُعَذِّبُ مَن يَشَآءُ وَاللَّهُ عَلَى كُلِّ شَيْءٍ قَدِيرٌ

(He forgives whom He wills and punishes whom He wills. And Allah is able to do all things.)

Do Not Feel Sad Because of the Behavior of the Jews and Hypocrites

These honorable Ayat were revealed about those who rush into disbelief, deviating from the obedience of Allah, His Messenger, prefering their opinions and lusts to what Allah has legislated,

مِنَ الَّذِينَ قَالُواْ ءَامَنَّا بِأَفْوَهِهِمْ وَلَمْ تُؤْمِن قُلُوبُهُمْ

(of such who say, "We believe" with their mouths but their hearts have no faith.) These people pretend to be faithful with their words, but their hearts are empty from faith, and they are the hypocrites.

مِّنَ الَّذِينَ هَادُواْ

(And of the Jews...) the enemies of Islam and its people, they and the hypocrites all,

سَمَّعُونَ لِلْكَذِبِ

(listen much and eagerly to lies...) and they accept and react to it positively,

سَمَّعُونَ لِقَوْمٍ ءَاخَرِينَ لَمْ يَأْتُوكَ

(listening to others who have not come to you,) meaning, they listen to some people who do not attend your meetings, O Muhammad. Or, the Ayah might mean, they listen to what you say and convey it to your enemies who do not attend your audience.

The Jews Alter and Change the Law, Such As Stoning the Adulterer

يُحَرِّفُونَ الْكَلِمَ مِن بَعْدِ مَوَضِعِهِ

(They change the words from their places:) by altering their meanings and knowingly distorting them after they comprehended them,

يَقُولُونَ إِنْ أُوتِيتُمْ هَذَا فَخُذُوهُ وَإِن لَّمْ تُؤْتَوْهُ فَاحْذَرُواْ

(they say, "If you are given this, take it, but if you are not given this, then beware!") It was reported that this part of the Ayah was revealed about some Jews who committed murder and who said to each other, "Let us ask Muhammad ﷺ to judge between us, and if he decides that we pay the Diyah, accept his judgement. If he decides on capital punishment, do not accept his judgement." The correct opinion is that this Ayah was revealed about the two Jews who committed adultery. The Jews changed the law they had in their Book from Allah on the matter of punishment for adultery, from stoning to death, to a hundred flogs and making the offenders ride a donkey facing the back of the donkey. When this incident of adultery occurred after the Hijrah, they said to each other, "Let us go to Muhammad ﷺ and seek his judgement. If he gives a ruling of flogging, then implement his decision and make it a proof for you with Allah. This way, one of Allah's Prophets will have upheld this ruling amongst you. But if he decides that the punishment should be stoning to death, then do not accept his decision." There are several Hadiths mentioning this story. Malik reported that Nafi` said that `Abdullah bin `Umar said, "The Jews came to Allah's Messenger ﷺ and mentioned that a man and a woman from them committed adultery. Allah's Messenger ﷺ said to them,

«مَا تَجِدُونَ فِي التَّوْرَاةِ فِي شَأْنِ الرَّجْمِ؟»

(What do find of the ruling about stoning in the Tawrah) They said, `We only find that they should be exposed and flogged.' `Abdullah bin Salam said, `You lie. The Tawrah mentions stoning, so bring the Tawrah.' They brought the Tawrah and opened it but one of them hid the verse about stoning with his hand and recited what is before and after that verse. `Abdullah bin Salam said to him, `Remove your hand,' and he removed it, thus uncovering the verse about stoning. So they said, He (`Abdullah bin Salam) has said the truth, O Muhammad! It is the verse about stoning.' The Messenger of Allah ﷺ decided that the adulterers be stoned to death and his command was carried out. I saw that man shading the woman from the stones with his body." Al-Bukhari and Muslim also collected this Hadith and this is the wording collected by Al-Bukhari. In another narration by Al-Bukhari, the Prophet said to the Jews,

«مَا تَصْنَعُون بِهِمَا؟»

(What would you do in this case) They said, "We would humiliate and expose them." The Prophet recited,

قُلْ فَأْتُواْ بِالتَّوْرَاةِ فَاتْلُوهَا إِن كُنتُمْ

(Bring here the Tawrah and recite it, if you are truthful.) So they brought a man who was blind in one eye and who was respected among them and said to him, "Read (from the Tawrah)." So he read until he reached a certain verse and then covered it with his hand. He was told, "Remove your hand," and it was the verse about stoning. So that man said, "O Muhammad! This is the verse about stoning, and we had hid its knowledge among us." So the Messenger ﷺ ordered that the two adulterers be stoned, and they were stoned. Muslim recorded that a Jewish man and a Jewish woman were brought before Allah's Messenger ﷺ because they committed adultery. The Messenger of Allah ﷺ went to the Jews and asked them,

«مَا تَجِدُونَ فِي التَّوْرَاةِ عَلى مَنْ زَنَى؟»

(What is the ruling that you find in the Tawrah for adultery) hThey said, "We expose them, carry them (on donkeys) backwards and parade them in public." The Prophet recited;

قُلْ فَأْتُواْ بِالتَّوْرَاةِ فَاتْلُوهَا إِن كُنتُمْ

(Bring here the Tawrah and recite it, if you are truthful.) So they brought the Tawrah and read from it until the reader reached the verse about stoning. Then he placed his hand on that verse and read what was before and after it. `Abdullah bin Salam, who was with the Messenger of Allah ﷺ, said, "Order him to remove his hand," and he removed his hand and under it was the verse about stoning. So the Messenger of Allah ﷺ commanded that the adulterers be stoned, and they were stoned. `Abdullah bin `Umar said, "I was among those who stoned them and I saw the man shading the woman from the stones with his body." Abu Dawud recorded that Ibn `Umar said, "Some Jews came to the Messenger of Allah ﷺ and invited him to go to the Quff area. So he went to the house of Al-Midras and they said, `O Abu Al-Qasim! A man from us committed adultery with a woman, so decide on their matter.' They arranged a pillow for the Messenger of Allah ﷺ and he sat on it and said,

«ائْتُونِي بِالتَّوْرَاة»

(Bring the Tawrah to me.) He was brought the Tawrah and he removed the pillow from under him and placed the Tawrah on it, saying,

«آمَنْتُ بِكِ وَبِمَنْ أَنْزَلَك»

(I trust you and He Who revealed it to you.) He then said,

«ائْتُونِي بِأَعْلَمِكُم»

(Bring me your most knowledgeable person.) So he was brought a young man... " and then he mentioned the rest of the story that Malik narrated from Nafi`. These Hadiths state that the Messenger of Allah ﷺ issued a decision that conforms with the ruling in the Tawrah, not to honor the Jews in what they believe in, for the Jews were commanded to follow the Law of Muhammad ﷺ only. Rather, the Prophet did this because Allah commanded him to do so. He asked them about the ruling of stoning in the Tawrah to make them admit to what the Tawrah contains and what they collaborated to hide, deny and exclude from implementing for all that time. They had to admit to what they did, although they did it while having knowledge of the correct ruling. What made them go to the Prophet for judgement in this matter was their lusts and desires, hoping that the Prophet would agree with their opinion, not that they believed in the correctness of his judgment. This is why they said,

إِنْ أُوتِيتُمْ هَذَا

(If you are given this,) referring to flogging, then take it,

وَإِن لَّمْ تُؤْتَوْهُ فَاحْذَرُواْ

(but if you are not given this, then beware!) and do not accept or implement it. Allah said next,

وَمَن يُرِدِ اللَّهُ فِتْنَتَهُ فَلَن تَمْلِكَ لَهُ مِنَ اللَّهِ شَيْئاً أُوْلَئِكَ الَّذِينَ لَمْ يُرِدِ اللَّهُ أَن يُطَهِّرَ قُلُوبَهُمْ لَهُمْ فِى الدُّنْيَا خِزْىٌ وَلَهُمْ فِى الاٌّخِرَةِ عَذَابٌ عَظِيمٌسَمَّعُونَ لِلْكَذِبِ أَكَّلُونَ لِلسُّحْتِ

(And whomsoever Allah wants to put in Fitnah, you can do nothing for him against Allah. Those are the ones whose hearts Allah does not want to purify; for them there is a disgrace in this world, and in the Hereafter a great torment. They (like to) listen to falsehood, to devour Suht) `Suht' refers to bribes, as Ibn Mas`ud and others stated. The Ayah states that if one is like this, how can Allah cleanse his heart and accept his supplication Allah said to His Prophet ,

فَإِن جَآءُوكَ

(So if they come to you...) so that you judge between them,

فَاحْكُمْ بَيْنَهُمْ أَوْ أَعْرِضْ عَنْهُمْ وَإِن تُعْرِضْ عَنْهُمْ فَلَن يَضُرُّوكَ شَيْئاً

(either judge between them, or turn away from them. If you turn away from them, they cannot hurt you in the least.) meaning, there is no harm if you do not judge between them. This is because when they came to you to judge between them, they did not seek to follow the truth, but only what conformed to their lusts. We should mention here that Ibn `Abbas, Mujahid, `Ikrimah, Al-Hasan, Qatadah, As-Suddi, Zayd bin Aslam, `Ata' Al-Khurasani, and several others said that this part of the Ayah was abrogated by Allah's statement,

وَأَنِ احْكُم بَيْنَهُمْ بِمَآ أَنزَلَ اللَّهُ

(And so judge among them by what Allah has revealed.)

وَإِنْ حَكَمْتَ فَاحْكُم بَيْنَهُم بِالْقِسْطِ

(And if you judge, judge with justice between them.) and with fairness, even if the Jews were unjust and outcasts from the path of fairness,

إِنَّ اللَّهَ يُحِبُّ الْمُقْسِطِينَ

(Verily, Allah loves those who act justly.)

Chastising the Jews for Their Evil Lusts and Desires, While Praising the Tawrah

Allah then chastises the Jews for their false ideas and deviant desires to abandon what they believe is true in their Book, and which they claim is their eternal Law that they are always commanded to adhere to. Yet, they do not adhere to the Tawrah, but they prefer other laws over it, although they believe that these other laws are not correct and do not apply to them. Allah said,

وَكَيْفَ يُحَكِّمُونَكَ وَعِندَهُمُ التَّوْرَاةُ فِيهَا حُكْمُ اللَّهِ ثُمَّ يَتَوَلَّوْنَ مِن بَعْدِ ذلِكَ وَمَآ أُوْلَئِكَ بِالْمُؤْمِنِينَ

(But how do they come to you for decision while they have the Tawrah, in which is the decision of Allah; yet even after that they turn away. For they are not believers.) Allah next praises the Tawrah that He sent down to His servant and Messenger Musa, son of `Imran,

إِنَّآ أَنزَلْنَا التَّوْرَاةَ فِيهَا هُدًى وَنُورٌ يَحْكُمُ بِهَا النَّبِيُّونَ الَّذِينَ أَسْلَمُواْ لِلَّذِينَ هَادُواْ

(Verily, We did send down the Tawrah to Musa, therein was guidance and light, by which the Prophets who submitted themselves to Allah's will, judged the Jews.) and these Prophets did not deviate from the law of the Tawrah, change or alter it,

وَالرَّبَّانِيُّونَ وَالاٌّحْبَارُ

(And (also) the Rabbaniyyun and the Ahbar...) wherein Rabbaniyyun refers to the worshippers who are learned and religious, and Ahbar refers to the scholars,

بِمَا اسْتُحْفِظُواْ مِن كِتَبِ اللَّهِ

(for to them was entrusted the protection of Allah's Book,) meaning, they were entrusted with the Book of Allah, and they were commanded to adhere to it and not hide any part of,

وَكَانُواْ عَلَيْهِ شُهَدَآءَ فَلاَ تَخْشَوُاْ النَّاسَ وَاخْشَوْنِ وَلاَ تَشْتَرُواْ بَِايَتِى ثَمَناً قَلِيلاً وَمَن لَّمْ يَحْكُم بِمَآ أَنزَلَ اللَّهُ فَأُوْلَئِكَ هُمُ الْكَفِرُونَ

(and they were witnesses thereto. Therefore fear not men but fear Me and sell not My verses for a miserable price. And whosoever does not judge by what Allah has revealed, such are the disbelievers.) There are two ways to explain this Ayah and we will mention the later.

Another Reason Behind Revealing these Honorable Ayat

Imam Ahmad recorded that Ibn `Abbas said, "Allah sent down the Ayat,

وَمَن لَّمْ يَحْكُم بِمَآ أَنزَلَ اللَّهُ فَأُوْلَئِكَ هُمُ الْكَفِرُونَ

(And whosoever does not judge by what Allah has revealed, such are the disbelievers,)

فَأُوْلَئِكَ هُمُ الظَّلِمُونَ

(Such are the unjust,) and,

فَأُوْلَئِكَ هُمُ الْفَسِقُونَ

(Such are the rebellious.) about two groups among the Jews. During the time of Jahiliyyah, one of them had defeated the other. As a result, they made a treaty that they would pay blood money totaling fifty Wasaq of gold (each Wasaq approx. 3 kg) for every dead person from the defeated group killed by the victors, and a hundred Wasaq for every dead person the defeated group killed from the victors. This treaty remained in effect until the Prophet came to Al-Madinah and both of these groups became subservient under the Prophet . Yet, when the mighty group once suffered a casualty at the hands of the weaker group, the mighty group sent a delegation demanding the hundred Wasaq. The weaker group said, `How can two groups who have the same religion, one ancestral lineage and a common land, have a Diyah that for some of them is half of that of the others We only agreed to this because you oppressed us and because we feared you. Now that Muhammad ﷺ has come, we will not give you what you asked.' So war was almost rekindled between them, but they agreed to seek Muhammad's ﷺ judgement in their dispute. The mighty group among them said among themselves, `By Allah! Muhammad ﷺ will never give you double the Diyah that you pay to them compared to what they pay to you. They have said the truth anyway, for they only gave us this amount because we oppressed and overpowered them. Therefore, send someone to Muhammad ﷺ who will sense what his judgement will be. If he agrees to give you what you demand, accept his judgment, and if he does not give you what you seek, do not refer to him for judgement.' So they sent some hypocrites to the Messenger of Allah ﷺ to try and find out the Messenger's ﷺ judgement. When they came to the Messenger , Allah informed him of their matter and of their plot. Allah sent down,

يأَيُّهَا الرَّسُولُ لاَ يَحْزُنكَ الَّذِينَ يُسَارِعُونَ فِى الْكُفْرِ

(O Messenger! Let not those who hurry to fall into disbelief grieve you,) until,

الْفَسِقُونَ

(Such are the rebellious.) By Allah! It is because of their problem that Allah sent down these verses and it is they whom Allah meant." Abu Dawud collected a similar narration for this Hadith. Abu Ja`far Ibn Jarir recorded that Ibn `Abbas said that the Ayah in Surat Al-Ma'idah,

فَاحْكُمْ بَيْنَهُمْ أَوْ أَعْرِضْ عَنْهُمْ

(either judge between them, or turn away from them...) until,

الْمُقْسِطِينَ

(Those who act justly.) was revealed concerning the problem of blood money between Bani An-Nadir and Bani Qurayzah. The dead of Bani An-Nadir were being honored more and they received the full amount of Diyah, while Qurayzah received half the Diyah for their dead. So they referred to the Messenger of Allah ﷺ for judgement and Allah sent down these verses about them. The Messenger of Allah ﷺ compelled them to adhere to the true judgement in this matter and made the Diyah the same for both groups and Allah knows best about that matter." Ahmad, Abu Dawud and An-Nasa'i also recorded this Hadith from Abu Ishaq. Al-`Awfi and `Ali bin Abi Talhah reported that Ibn `Abbas said that these Ayat were revealed about the two Jews who committed adultery, and we mentioned the Hadiths about this story before. It appears that both of these were the reasons behind revealing these Ayat, and Allah knows best. This is why Allah said afterwards,

وَكَتَبْنَا عَلَيْهِمْ فِيهَآ أَنَّ النَّفْسَ بِالنَّفْسِ وَالْعَيْنَ بِالْعَيْنِ

(And We ordained therein for them: Life for life, eye for eye) until the end of the Ayah, which strengthens the opinion that the story of the Diyah was behind revealing the Ayat as we explained above. Allah knows best. Allah said,

وَمَن لَّمْ يَحْكُم بِمَآ أَنزَلَ اللَّهُ فَأُوْلَئِكَ هُمُ الْكَفِرُونَ

(And whosoever does not judge by what Allah has revealed, such are the disbelievers.) Al-Bara' bin `Azib, Hudhayfah bin Al-Yaman, Ibn `Abbas, Abu Mijlaz, Abu Raja' Al-`Utaridi, `Ikrimah, `Ubaydullah bin `Abdullah, Al-Hasan Al-Basri and others said that this Ayah was revealed about the People of the Book. Al-Hasan Al-Basri added that this Ayah also applies to us. `Abdur-Razzaq said that Ath-Thawri said that Mansur said that Ibrahim said that these Ayat, "Were revealed about the Children of Israel, and Allah accepted them for this Ummah." Ibn Jarir recorded this statement. `Ali bin Abi Talhah also stated that Ibn `Abbas commented on Allah's statement,

وَمَن لَّمْ يَحْكُم بِمَآ أَنزَلَ اللَّهُ فَأُوْلَئِكَ هُمُ الْكَفِرُونَ

(And whosoever does not judge by what Allah has revealed, such are the disbelievers,) "Whoever rejects what Allah has revealed, will have committed Kufr, and whoever accepts what Allah has revealed, but did not rule by it, is a Zalim (unjust) and a Fasiq (rebellious) and a sinner." Ibn Jarir recorded this statement. `Abdur-Razzaq said, "Ma`mar narrated to us that Tawus said that Ibn `Abbas was asked about Allah's statement,

وَمَن لَّمْ يَحْكُم

(And whosoever does not judge...) He said, `It is an act of Kufr.' Ibn Tawus added, `It is not like those who disbelieve in Allah, His angels, His Books and His Messengers.' Ath-Thawri narrated that Ibn Jurayj said that `Ata' said, `There is Kufr and Kufr less than Kufr, Zulm and Zulm less than Zulm, Fisq and Fisq less than Fisq."' Waki` said that Sa`id Al-Makki said that Tawus said that,

وَمَن لَّمْ يَحْكُم بِمَآ أَنزَلَ اللَّهُ فَأُوْلَئِكَ هُمُ الْكَفِرُونَ

(And whosoever does not judge by what Allah has revealed, such are the disbelievers,) "This is not the Kufr that annuls one's religion."

وَمَن لَّمْ يَحْكُم بِمَآ أَنزَلَ اللَّهُ فَأُوْلَئِكَ هُمُ الْكَفِرُونَ

(And whosoever does not judge by what Allah has revealed, such are the disbelievers.) because they rejected Allah's command with full intention and with transgression and rebellion. In this Ayah, Allah said,

فَأُوْلَئِكَ هُمُ الظَّلِمُونَ

(such are the unjust.) because they did not exact the oppressed his due rights from the oppressor in a matter which Allah ordered that all be treated equally and fairly. Instead, they defied that command, committed injustice and transgressed against each other.

A Man is Killed for a Woman Whom He Kills

Imam Abu Nasr bin As-Sabbagh stated in his book, Ash-Shamil, that the scholars agree that this Ayah 5:45 should be implemented, and the Imams agree that the man is killed for a woman whom he kills, according to the general indications of this Ayah. A Hadith that An-Nasa'i recorded states that the Messenger of Allah ﷺ had this statement written in the book that he gave `Amr bin Hazm,

«أَنَّ الرَّجُلَ يُقْتَلُ بِالْمَرْأَة»

(The man is killed for the woman (whom he kills).) In another Hadith, the Messenger ﷺ said,

«الْمُسْلِمُونَ تَتَكَافَأُ دِمَاؤُهُم»

(Muslims are equal regarding the sanctity of their blood.) This is also the opinion of the majority of the scholars. What further supports what Ibn As-Sabbagh said is the Hadith that Imam Ahmad recorded that Anas bin Malik said, "Ar-Rabi` (his aunt) broke the tooth of a girl, and the relatives of Ar-Rabi` requested the girl's relatives to forgive (the offender), but they refused. So, they went to the Prophet who ordered them to bring about retaliation. Anas bin An-Nadr, her brother, asked, `O Allah's Messenger! Will the tooth of Ar-Rabi` be broken' The Messenger of Allah ﷺ said, `O Anas! The Book of Allah prescribes retaliation.' Anas said, `No, by Him Who has sent you with the Truth, her tooth will not be broken. ' Later the relatives of the girl agreed to forgive Ar-Rabi` and forfeit their right to retaliation. The Messenger of Allah ﷺ said,

«إن من عباد الله من لو أقسم على الله لأبره»

(There are some of Allah's servants who, if they take an oath by Allah, Allah fullfils them.)" It was recorded in the Two Sahihs.

Retaliation for Wounds

Allah said,

وَالْجُرُوحَ قِصَاصٌ

(and wounds equal for equal.) `Ali bin Abi Talhah reported that Ibn `Abbas said, "Life for life, an eye for an eye, a nose, if cut off, for a nose, a tooth broken for a tooth and wounds equal for wound." The free Muslims, men and women, are equal in this matter. And their slaves, male and female, are equal in this matter. And this ruling is the same regarding intentional murder and lesser offenses, as Ibn Jarir and Ibn Abi Hatim recorded.

An Important Ruling

The retaliation for wounds should not be implemented until the wounds of the victim heal. If retaliation occurs before the wound heals, and then the wound becomes aggravated, the victim will have no additional rights in this case. The proof for this ruling is what Imam Ahmad narrated from `Amr bin Shu`ayb, from his father, from his grandfather that a man once stabbed another man in his leg using a horn. The victim came to the Prophet asking for retaliation, and the Prophet said,

«حَتَّى تَبْرَأ»

(Not until you heal.) The man again came to the Prophet and asked for equality in retaliation and the Prophet allowed him that. Later on, that man said, "O Messenger of Allah! I limp now." The Messenger ﷺ said,

«قَدْ نَهَيْتُكَ فَعَصَيْتَنِي، فَأَبْعَدكَ اللهُ وَبَطَلَ عَرَجُك»

(I had asked you to wait, but you disobeyed me. Therefore, Allah cast you away and your limp has no compensation.) Afterwards, the Messenger of Allah ﷺ forbade that the wound be retaliated for until the wound of the victim heals. If the victim is allowed to retaliate for his wound caused by the aggressor and the aggressor dies as a result, there is no compensation in this case, according to the majority of the Companions and their followers.

The Pardon is Expiation for Such Offenses

Allah said,

فَمَن تَصَدَّقَ بِهِ فَهُوَ كَفَّارَةٌ لَّهُ

(But if anyone remits the retaliation by way of charity, it shall be for him an expiation.) `Ali bin Abi Talhah reported that Ibn `Abbas commented that

فَمَن تَصَدَّقَ بِهِ

(But if anyone remits the retaliation by way of charity) means; "If one pardons by way of charity, it will result in expiation for the aggressor and reward for the victim." Sufyan Ath-Thawri said that `Ata' bin As-Sa'ib said that Sa`id bin Jubayr said that Ibn `Abbas said, `He who pardons the retaliation by way of charity, it will be an expiation for the aggressor and a reward for the victim with Allah." Ibn Abi Hatim recorded this statement. Jabir bin `Abdullah said that Allah's statement,

فَمَن تَصَدَّقَ بِهِ فَهُوَ كَفَّارَةٌ لَّهُ

(But if anyone remits the retaliation by way of charity, it shall be for him an expiation,) "For the victim." This is also the opinion of Al-Hasan Al-Basri, Ibrahim An-Nakha`i and Abu Ishaq Al-Hamdani. Imam Ahmad recorded that `Ubadah bin As-Samit said, "I heard the Messenger of Allah ﷺ saying,

«مَا مِنْ رَجُلٍ يُجْرَحُ مِنْ جَسَدِهِ جَرَاحَةً فَيَتَصَدَّقُ بِهَا، إِلَّا كَفَّرَ اللهُ عَنْهُ مِثْلَ مَا تَصَدَّقَ بِه»

(Any man who suffers a wound on his body and forfeits his right of retaliation as way of charity, then Allah will pardon him that which is similar to what he forfeited.) An-Nasa'i and Ibn Jarir recorded this Hadith. Allah's statement,

وَمَن لَّمْ يَحْكُم بِمَآ أنزَلَ اللَّهُ فَأُوْلَئِكَ هُمُ الظَّلِمُونَ

(And whosoever does not judge by that which Allah has revealed, such are the unjust.) Earlier we mentioned the statements of `Ata' and Tawus that there is Kufr and lesser Kufr, injustice and lesser injustice and Fisq and lesser Fisq.

Allah Mentions `Isa and Praises the Injil

Allah said,

(and We sent...) meaning, We sent

(in their footsteps) meaning the Prophets of the Children of Israel,

(`Isa, son of Maryam, confirming the Tawrah that had come before him,) meaning, he believed in it and ruled by it.

(and We gave him the Injil, in which was guidance and light) a guidance that directs to the truth and a light that removes the doubts and solves disputes,

(and confirmation of the Tawrah that had come before it,) meaning, he adhered to the Tawrah, except for the few instances that clarified the truth where the Children of Israel differed. Allah states in another Ayah that `Isa said to the Children of Israel,

(. ..and to make lawful to you part of what was forbidden to you.) So the scholars say that the Injil abrogated some of the rulings of the Tawrah. Allah's statement,

(a guidance and an admonition for those who have Taqwa.) means, We made the Injil guidance and an admonition that prohibits committing sins and errors, for those who have Taqwa of Allah and fear His warning and torment. Allah said next,

(Let the people of the Injil judge by what Allah has revealed therein.) meaning, so that He judges the people of the Injil by it in their time. Or, the Ayah means, so that they believe in all that is in it and adhere to all its commands, including the good news about the coming of Muhammad and the command to believe in and follow him when he is sent. Allah said in other Ayat,

(Say "O People of the Scripture! You have nothing (guidance) until you act according to the Tawrah, the Injil, and what has been sent down to you from your Lord.") and,

(Those who follow the Messenger, the Prophet who can neither read nor write whom they find written with them in the Tawrah...) until,

(...successful.) Here, Allah said,

(And whosoever does not judge by what Allah has revealed, such are the rebellious.) meaning, the rebellious and disobedient of Allah who prefer falsehood and abandon truth. We mentioned before that this Ayah was revealed about the Christians, and this is evident from the context of the Ayah.

Praising the Qur'an; the Command to Refer to the Qur'an for Judgment

Allah mentioned the Tawrah that He sent down to His Prophet Musa, the one whom He spoke directly to, praising it, commanding that it should be implemented, before it was abrogated. Allah then mentioned the Injil, praised it and commanded its people to adhere to it and follow it, as we stated. He next mentioned the Glorious Qur'an that He sent down to His honorable servant and Messenger. Allah said,

وَأَنزَلْنَآ إِلَيْكَ الْكِتَبَ بِالْحَقِّ

(And We have sent down to you the Book in truth...) meaning, with the truth that, no doubt, is coming from Allah,

مُصَدِّقاً لِّمَا بَيْنَ يَدَيْهِ مِنَ الْكِتَبِ

(confirming the Scripture that came before it) meaning, the Divinely Revealed Books that praised the Qur'an and mentioned that it would be sent down from Allah to His servant and Messenger Muhammad . The Qur'an was revealed as was foretold in the previous Scriptures. This fact increased faith in the previous Scriptures for the sincere who have knowledge of these Scriptures, those who adhered to Allah's commands and Laws and believed in His Messengers. Allah said,

قُلْ ءَامِنُواْ بِهِ أَوْ لاَ تُؤْمِنُواْ إِنَّ الَّذِينَ أُوتُواْ الْعِلْمَ مِن قَبْلِهِ إِذَا يُتْلَى عَلَيْهِمْ يَخِرُّونَ لِلاٌّذْقَانِ سُجَّدًا - وَيَقُولُونَ سُبْحَانَ رَبِّنَآ إِن كَانَ وَعْدُ رَبِّنَا لَمَفْعُولاً

(Say: "Believe in it or do not believe (in it). Verily, those who were given knowledge before it, when it is recited to them, fall down on their faces in humble prostration." And they say: "Glory be to our Lord! Truly, the promise of our Lord must be fulfilled.") meaning that they say, the promise of our Lord, concerning the coming of Muhammad by the words of His previous Messengers, will certainly be fulfilled. Allah's statement,

وَمُهَيْمِناً عَلَيْهِ

(and Muhayminan over it) means entrusted over it, according to Sufyan Ath-Thawri who narrated it from Abu Ishaq from At-Tamimi from Ibn `Abbas. `Ali bin Abi Talhah reported that Ibn `Abbas said, "Muhaymin is, `the Trustworthy'. Allah says that the Qur'an is trustworthy over every Divine Book that preceded it." This was reported from `Ikrimah, Sa`id bin Jubayr, Mujahid, Muhammad bin Ka`b, `Atiyyah, Al-Hasan, Qatadah, `Ata' Al-Khurasani, As-Suddi and Ibn Zayd. Ibn Jarir said, "The Qur'an is trustworthy over the Books that preceded it. Therefore, whatever in these previous Books conforms to the Qur'an is true, and whatever disagrees with the Qur'an is false." Al-Walibi said that Ibn `Abbas said that Muhayminan means, `Witness'. Mujahid, Qatadah and As-Suddi said the same. Al-`Awfi said that Ibn `Abbas said that Muhayminan means, `dominant over the previous Scriptures'. These meanings are similar, as the word Muhaymin includes them all. Consequently, the Qur'an is trustworthy, a witness, and dominant over every Scripture that preceded it. This Glorious Book, which Allah revealed as the Last and Final Book, is the most encompassing, glorious and perfect Book of all times. The Qur'an includes all the good aspects of previous Scriptures and even more, which no previous Scripture ever contained. This is why Allah made it trustworthy, a witness and dominant over all Scriptures. Allah promised that He will protect the Qur'an and swore by His Most Honorable Self,

إِنَّا نَحْنُ نَزَّلْنَا الذِّكْرَ وَإِنَّا لَهُ لَحَفِظُونَ

(Verily, We, it is We Who have sent down the Dhikr and surely, We will guard it (from corruption).) Allah said,

فَاحْكُم بَيْنَهُم بِمَآ أَنزَلَ اللَّهُ

(So judge between them by what Allah has revealed.) The Ayah commands: O Muhammad! Rule between the people, Arabs and non-Arabs, lettered and unlettered, by what Allah has revealed to you in this Glorious Book and what it approves of for you from the Law of the previous Prophets, as Ibn Jarir said. Ibn Abi Hatim reported that Ibn `Abbas said, "The Prophet had the choice to judge between them or to turn away from them and refer them to their own Law. Then this Ayah was revealed,

وَأَنِ احْكُم بَيْنَهُمْ بِمَآ أَنزَلَ اللَّهُ وَلاَ تَتَّبِعْ أَهْوَآءَهُمْ

(So judge between them by what Allah has revealed, and follow not their vain desires. ..) and he was commanded to judge between them by our Book.". Allah's statement

وَلاَ تَتَّبِعْ أَهْوَآءَهُمْ

(and follow not their vain desires...) This means the ideas they promote, because of which they turned away from what Allah revealed to His Messengers. This is why Allah said,

وَلاَ تَتَّبِعْ أَهْوَآءَهُمْ عَمَّا جَآءَكَ مِنَ الْحَقِّ

(And follow not their vain desires, diverging away from the truth that has come to you.) The Ayah commands: Do not diverge from the truth that Allah has ordained for you, to the vain desires of these miserable, ignorant people. Allah's statement,

لِكُلٍّ جَعَلْنَا مِنكُمْ شِرْعَةً وَمِنْهَجاً

(To each among you, We have prescribed a law and a clear way.)

لِكُلٍّ جَعَلْنَا مِنكُمْ شِرْعَةً

(To each among you, We have prescribed a law) Shir`at meaning, a clear path, as Ibn Abi Hatim recorded from Ibn `Abbas.

وَلَوْ شَآءَ اللَّهُ لَجَعَلَكُمْ أُمَّةً وَحِدَةً

(If Allah willed, He would have made you one nation.) This is a general proclamation to all nations informing them of Allah's mighty ability. If Allah wills, He would make all mankind follow one religion and one Law, that would never be abrogated. Allah decided that every Prophet would have his own distinct law that is later abrogated partially or totally with the law of a latter Prophet. Later on, all previous laws were abrogated by the Law that Allah sent with Muhammad , His servant and Messenger, whom Allah sent to the people of earth as the Final Prophet. Allah said,

وَلَوْ شَآءَ اللَّهُ لَجَعَلَكُمْ أُمَّةً وَحِدَةً وَلَكِن لِّيَبْلُوَكُمْ فِى مَآ ءَاتَكُم

(If Allah willed, He would have made you one nation, but that (He) may test you in what He has given you.) This Ayah means, Allah has instituted different laws to test His servants' obedience to what He legislates for them, thus, He rewards or punishes them according to their actions and what they intend. `Abdullah bin Kathir said that the Ayah,

فِى مَآ ءَاتَكُم

(In what He has given you.) means, of the Book. Next, Allah encouraged rushing to perform good deeds,

فَاسْتَبِقُواْ الْخَيْرَتِ

(so strive as in a race in good deeds.) which are obedience to Allah, following His Law that abrogated the laws that came before it, and believing in His Book, the Qur'an, which is the Final Book that He revealed. Allah said next,

إِلَى الله مَرْجِعُكُمْ

(The return of you (all) is to Allah;) Therefore, O people, your return and final destination is to Allah on the Day of Resurrection,

فَيُنَبِّئُكُم بِمَا كُنتُمْ فِيهِ تَخْتَلِفُونَ

(then He will inform you about that in which you used to differ.) Allah will inform you about the truth in which you used to differ and will reward the sincere, as compensation for their sincerity, and will punish the disbelieving, rebellious people who rejected the truth and deviated from it to other paths, without proof or evidence to justify their actions. Rather, they have rejected the clear evidences, unequivocal proofs and established signs. Ad-Dahhak said that,

فَاسْتَبِقُواْ الْخَيْرَتِ

(So strive as in a race in good deeds.)is directed at the Ummah of Muhammad , but the first view is more apparent. Allah's statement,

وَأَنِ احْكُم بَيْنَهُمْ بِمَآ أَنزَلَ اللَّهُ وَلاَ تَتَّبِعْ أَهْوَآءَهُمْ

(And so judge between them by what Allah has revealed and follow not their vain desires,) emphasizes this command and forbids ignoring it. Allah said next,

وَاحْذَرْهُمْ أَن يَفْتِنُوكَ عَن بَعْضِ مَآ أَنزَلَ اللَّهُ إِلَيْكَ

(but beware of them lest they turn you far away from some of that which Allah has sent down to you. ) meaning; beware of the Jews, your enemies, lest they distort the truth for you in what they convey to you. Therefore, do not be deceived by them, for they are liars, treacherous and disbelievers.

فَإِن تَوَلَّوْاْ

(And if they turn away,) from the judgement that you pass in their disputes, and they defy Allah's Law,

فَاعْلَمْ أَنَّمَا يُرِيدُ اللَّهُ أَن يُصِيبَهُم بِبَعْضِ ذُنُوبِهِمْ

(then know that Allah's will is to punish them for some sins of theirs.) meaning, know that this will occur according to the decree of Allah, and because out of His wisdom they have deviated from the truth, and because of their previous sins.

وَإِنَّ كَثِيراً مِّنَ النَّاسِ لَفَسِقُونَ

(And truly, most men are rebellious.) Therefore, the majority of humans are disobedient to their Lord, defiant of the truth and deviate away from it. Allah said in other Ayat,

وَمَآ أَكْثَرُ النَّاسِ وَلَوْ حَرَصْتَ بِمُؤْمِنِينَ

(And most people will not believe even if you desire it eagerly,) and,

وَإِن تُطِعْ أَكْثَرَ مَن فِى الاٌّرْضِ يُضِلُّوكَ عَن سَبِيلِ اللَّهِ

(And if you obey most of those on the earth they will mislead you far away from Allah's path.) Muhammad bin Ishaq reported that Ibn `Abbas said, "Ka`b bin Asad, Ibn Saluba, `Abdullah bin Surya and Shas bin Qays said to each other, `Let us go to Muhammad to try and misguide him from his religion.' So they went to the Prophet and said, `O Muhammad! You know that we are the scholars, noblemen and chiefs of the Jews. If we follow you, the Jews will follow suit and will not contradict us. But, there is enmity between us and some of our people, so we will refer to you for judgement in this matter, and you should rule in our favor against them and we will believe in you.' The Messenger of Allah ﷺ refused the offer and Allah sent down these Ayat about them,

وَأَنِ احْكُم بَيْنَهُمْ بِمَآ أَنزَلَ اللَّهُ وَلاَ تَتَّبِعْ أَهْوَآءَهُمْ وَاحْذَرْهُمْ أَن يَفْتِنُوكَ عَن بَعْضِ مَآ أَنزَلَ اللَّهُ إِلَيْكَ

(And so judge between them by what Allah has revealed and follow not their vain desires, but beware of them lest they turn you far away from some of that which Allah has sent down to you.) until,

لِقَوْمٍ يُوقِنُونَ

(for a people who have firm faith.)" Ibn Jarir and Ibn Abi Hatim recorded this Hadith. Allah continues,

أَفَحُكْمَ الْجَهِلِيَّةِ يَبْغُونَ وَمَنْ أَحْسَنُ مِنَ اللَّهِ حُكْماً لِّقَوْمٍ يُوقِنُونَ

(Do they then seek the judgement of (the days of) ignorance And who is better in judgement than Allah for a people who have firm faith) Allah criticizes those who ignore Allah's commandments, which include every type of righteous good thing and prohibit every type of evil, but they refer instead to opinions, desires and customs that people themselves invented, all of which have no basis in Allah's religion. During the time of Jahiliyyah, the people used to abide by the misguidance and ignorance that they invented by sheer opinion and lusts. The Tatar (Mongols) abided by the law that they inherited from their king Genghis Khan who wrote Al-Yasiq, for them. This book contains some rulings that were derived from various religions, such as Judaism, Christianity and Islam. Many of these rulings were derived from his own opinion and desires. Later on, these rulings became the followed law among his children, preferring them to the Law of the Book of Allah and the Sunnah of His Messenger . Therefore, whoever does this, he is a disbeliever who deserves to be fought against, until he reverts to Allah's and His Messenger's decisions, so that no law, minor or major, is referred to except by His Law. Allah said,

أَفَحُكْمَ الْجَهِلِيَّةِ يَبْغُونَ

(Do they then seek the judgement of (the days of) ignorance) meaning, they desire and want this and ignore Allah's judgement,

وَمَنْ أَحْسَنُ مِنَ اللَّهِ حُكْماً لِّقَوْمٍ يُوقِنُونَ

(And who is better in judgement than Allah for a people who have firm faith) Who is more just in decision than Allah for those who comprehend Allah's Law, believe in Him, who are certain that Allah is the best among those who give decisions and that He is more merciful with His creation than the mother with her own child Allah has perfect knowledge of everything, is able to do all things, and He is just in all matters. Al-Hafiz Abu Al-Qasim At-Tabarani recorded that Ibn `Abbas said that the Messenger of Allah ﷺ said,

«أَبْغَضُ النَّاسِ إِلَى اللهِ عَزَّ وَجَلَّ، مَنْ يَبْتَغِي فِي الْإِسْلَامِ سُنَّةَ الْجَاهِلِيَّةِ، وَطَالِبُ دَمِ امْرِىءٍ بِغَيْرِ حَقَ لِيُرِيقَ دَمَه»

(The most hated person to Allah is the Muslim who seeks the ways of the days of ignorance and he who seeks to shed the blood of a person without justification.) Al-Bukhari recorded Abu Al-Yaman narrating a similar Hadith, with some addition.