Yusuf 12:73–78

In verse 73, it was said: قَالُوا تَاللَّهِ لَقَدْ عَلِمْتُم مَّا جِئْنَا لِنُفْسِدَ فِي الْأَرْ‌ضِ وَمَا كُنَّا سَارِ‌قِينَ that is, when the royal announcer accused the brothers of Sayyidna Yusuf (علیہ السلام) of theft, they said that responsible people of the state know them and know that they had not come to create any disorder in the country, nor have they ever been thieves.

In verse 74, it was said: قَالُوا فَمَا جَزَاؤُهُ إِن كُنتُمْ كَاذِبِي ، that is, the royal staff said to them: If it stood proved that they were liars, what do they suggest should be the punishment for the thef?

The answer given was: قَالُوا جَزَاؤُهُ مَن وُجِدَ فِي رَ‌حْلِهِ فَهُوَ جَزَاؤُهُ ۚ كَذَٰلِكَ نَجْزِي الظَّالِمِين ، that is, the brothers of suf said: ` It's punishment is that he, in whose baggage it is found, shall him-self be the punishment. This is how we punish the wrongdoers.'

The sense of the statement is that the punishment for theft in the Shari` ah of Sayyidna Ya` qub11 allowed the person whose property had been stolen to take the thief as his slave. Thus, the state functionaries made the brothers of Sayyidna Yusuf (علیہ السلام) to tell them the punishment of a thief as in Jacobian law and thereby had them committed to hand over Benyamin to Sayyidna Yusuf (علیہ السلام) according to their own decision following the recovery of the stolen goods from Benyamin's baggage.

Said in verse 75 was: فَبَدَأَ بِأَوْعِيَتِهِمْ قَبْلَ وِعَاءِ أَخِيهِ , that is, to cover up the real plan, the state officials first searched through the baggage of all brothers. They did not open Benyamin's baggage first lest that causes any doubts.

Then, as said in the first sentence of the next verse (76): ثُمَّ اسْتَخْرَ‌جَهَا مِن وِعَاءِ أَخِيهِ , Benyamin's baggage was opened up last of all and recovered from it was the ` bowl of the king.' At that sight, all brothers were put to shame. They started chiding Benyamin for having disgraced them.

After that, it was said: كَذَٰلِكَ كِدْنَا لِيُوسُفَ ۖ مَا كَانَ لِيَأْخُذَ أَخَاهُ فِي دِينِ الْمَلِكِ إِلَّا أَن يَشَاءَ اللَّهُ , that is, ` this is how We planned for Yusuf.' He could have not arrested his brother under the Egyptian Imperial Law because, according to their law of theft, there was a corporal punishment for the thief after which he was to be released against the payment of twice the cost of the stolen property. But, here, he had already found out the law of theft operative in the Shari'ah of Sayyidna Ya` qub (علیہ السلام) . According to this law, detaining Benyamin with him became correct and valid. So, also granted through the wisdom and will of Allah Ta’ ala was this wish of Sayyidna Yusuf (علیہ السلام) .

Said in the last sentence of the verse is: نَرْ‌فَعُ دَرَ‌جَاتٍ مَّن نَّشَاءُ ۗ وَفَوْقَ كُلِّ ذِي عِلْمٍ عَلِيمٌ (We elevate in ranks whom so We will [ as, in this event, the ranks of Sayyidna Yusuf (علیہ السلام) were elevated over his brothers ]. And above every man who has knowledge, there is someone more knowledgeable).

It means that Allah has given precedence to some over others in terms of knowledge. Take the highest of the high in knowledge, there is someone more knowledgeable than him. And if there is someone with a knowledge which is superior to the knowledge of the best among the creation of Allah, then, we have the 'Ilm of Allah jalla thana'uh which is the highest of all forever.

Rulings and points of guidance

Some injunctions and rulings deduced from the present verses are given below:

The statement: وَلِمَن جَاءَ بِهِ حِمْلُ بَعِيرٍ‌ (and whoever brings it back shall deserve a camel-load) in verse 72 proves that it is valid to make a general announcement that a particular award or remuneration will be paid to anyone who performs a particular act. This is very much like the cur-rent custom of announcing rewards for the arrest of absconding criminals or for the return of lost properties. Though, this form of transaction does not fall under the juristic definition of Ijarah (hiring), but, in the light of this verse, the justification for this also stands proved. (Qurtubi)

2. The words: وَأَنَا بِهِ زَعِيمٌ (and I stand surety for it) appearing at the end of verse 72 tell us that one person can become the guarantor of financial rights on behalf of another person. The related ruling, according to the majority of Muslim jurists, provides that the creditor has the authority to recover his property from the person legally in debt, or from the guarantor, as he chooses. However, if it is recovered from the guarantor, the guarantor would have the right to recover from the person legally in debt whatever cash or property has been taken from him. (Qurtubi)

3. The sentence: كَذَٰلِكَ كِدْنَا لِيُوسُفَ (This is how We planned for Yusuf) in verse 76 tells us that it is permissible, for a valid reason recognized by Shari’ ah, to change the form of a transaction in a way that it brings a change in its legal status. According to the terminology of the fuqaha' (jurists) it is called 'Hilah Shar` iah' (i.e. a lawful device to avoid a real hardship). However, the condition is that such an action should not cause the invalidation of the injunctions of the Shari’ ah. If so, all such devices are, by the consensus of Muslim jurists, Haram and unlawful - for example, finding an excuse to avoid paying Zakah, or to embark on an unnecessary journey before or during Ramadan simply to seek an excuse for not fasting. This is universally Haram. The hunt for such excuses and devices has brought Divine punishment on some nations, and the Holy Prophet ﷺ has prohibited the use of such stratagems. The entire Muslim Ummah agrees that they are Haram, forbidden and unlawful. Acting upon them does not go on to make whatever is done as permissible. In fact, what falls on the doer is a twofold sin - firstly, that of the original impermissible act; secondly, that of the impermissible device which amounts, in a way, to cheating Allah and His Rasul. That all such hiyal or strategems are impermissible has been proved by Imam Al-Bukhari in his Kitab al Hiyal.

Commentary

It was stated in the previous verses that, while in Egypt, a royal bowl was concealed in the baggage of Benyamin, the younger brother of Sayyidna Yusuf (علیہ السلام) . Then, by recovering it as planned, a charge of theft was levelled against him.

As in the first of the verses cited above, when the stolen property was recovered from Benyamin's baggage before the brothers of Sayyidna Yusuf (علیہ السلام) ، they were so ashamed that they said in irritation: إِن يَسْرِ‌قْ فَقَدْ سَرَ‌قَ أَخٌ لَّهُ مِن قَبْلُ , that is, if he has committed a theft, it is not much of a surprise, for he had a brother who, like him, had committed a theft before. The sense was that he was not their real brother. He was their step brother. And he had a real brother who had also committed a theft.

On this occasion, the brothers of Sayyidna Yusuf (علیہ السلام) accused him too of a theft, which refers to an event which took place during his child-hood when the way a conspiracy was hatched here to blame Benyamin for theft, a similar conspiracy was staged against Sayyidna Yusuf (علیہ السلام) at that time with him being totally unaware of it. As for his brothers, they were fully aware of the fact that he was totally free from this blame. But, being angry with Benyamin on this occasion, they have made out that event too as of theft and have put its blame on his brother, Yusuf (علیہ السلام) .

What was that event? Reports differ about it. Referring to Muhammad ibn Ishaq and Tafsir authority, Mujahid, Ibn Kathir has reported that soon after the birth of Sayyidna Yusuf (علیہ السلام) ، Benyamin was born. This birth of his became the cause of his mother's death. When both Yusuf and Benyamin were left without their mother, they were raised by their paternal aunt. Allah Ta’ ala had blessed Sayyidna Yusuf (علیہ السلام) from his very childhood with such an attractive personality that whoever saw him became deeply attached to him. His paternal aunt was no exception. She would not let him disappear from her sight at any time. On the other hand, no different was the condition of his father who was very fond of him. But, being a minor child, it was necessary that he be kept under the care of a woman. Therefore, he was put under the care of his paternal aunt. When he had learnt how to walk, Sayyidna Ya` qub (علیہ السلام) thought of having him come to live with him. When he talked to his paternal aunt, she showed her reluctance to let him go. After that, having been under compulsion, she somehow handed Sayyidna Yusuf (علیہ السلام) over to his father, but she did make a plan to take him back. She had an antique waist-band which had come to her as the legacy of Sayyidna Ishaq (علیہ السلام) and was highly valued. Sayyidna Yusuf's paternal aunt tied this band on his waist underneath his dress.

After he had gone, she spread the news around that her waist-band has been stolen by someone. When searched for, it turned out to be with young Yusuf (علیہ السلام) . According to the Shari` ah of Sayyidna Ya` qub (علیہ السلام) ، the paternal aunt now had the right to keep him as her slave. When Sayyidna Ya` qub (علیہ السلام) saw that the paternal aunt has become the owner of Yusuf (علیہ السلام) on the authority of the religious law of the land, he handed young Yusuf (علیہ السلام) over to her. Sayyidna Yusuf (علیہ السلام) kept living with her as long as she was alive.

This was the event in which the blame of theft was imputed to Sayyidna Yusuf (علیہ السلام) following which the truth came to light and everybody found that he was free of even the least doubt of theft. It was the love of his paternal aunt for him that had made her conspire to keep him. The brothers knew this truth all too well. Given this reason, it did not behove them that they would attribute theft to him. But, of the series of excesses inflicted on Sayyidna Yusuf ill by his brothers, this too was the last.

Now in the second sentence of the first verse (77) it was said: فَأَسَرَّ‌هَا يُوسُفُ فِي نَفْسِهِ وَلَمْ يُبْدِهَا لَهُمْ that is, Sayyidna Yusuf (علیہ السلام) heard what his brothers had to say and kept it in his heart for they still seemed to be after him and were now blaming him for theft. But, he kept his reaction to himself and did not let his brothers know that he had heard what they had said and was affected by it in any way.

Said in the next and last sentence of the verse was: قَالَ أَنتُمْ شَرٌّ‌ مَّكَانًا ۖ وَاللَّهُ أَعْلَمُ بِمَا تَصِفُونَ that is, ` Sayyidna Yusuf (علیہ السلام) said (in his heart): ` You are even worse in position (as you accuse your brother of theft, falsely and knowingly). And Allah knows best of what you allege (whether what you are saying is true or false).' The first sentence has been uttered in the heart. The other sentence may possibly have been said publicly as his response to what his brothers had said.

In verse 78, it was said: قَالُوا يَا أَيُّهَا الْعَزِيزُ إِنَّ لَهُ أَبًا شَيْخًا كَبِيرً‌ا فَخُذْ أَحَدَنَا مَكَانَهُ ۖ إِنَّا نَرَ‌اكَ مِنَ الْمُحْسِنِين . It means when the brothers of Sayyidna Yusuf (علیہ السلام) realized that nothing seems to be working here and they have no option left but to leave Benyamin behind, they started flattering the ` Aziz of Misr. They told him that Benyamin's father was very old and weak (his separation will be unbearable for him). Therefore, they requested him that he should detain anyone from among them, in lieu of him. They also told him that they were making that request to him in the hope that he, as they feel, appears to be a very generous person - or, he has been gener-ous to them earlier too.