4. [an-Nisa, Medinah 92]
The Quranic Text & Ali’s Version:
وَدُّواْ
لَوْ
تَكْفُرُونَ
كَمَا
كَفَرُواْ
فَتَكُونُونَ
سَوَاء...
4: 89. They but wish that ye should reject faith, as they do, and thus be on the same footing (as they):
... فَلاَ تَتَّخِذُواْ مِنْهُمْ أَوْلِيَاء حَتَّىَ يُهَاجِرُواْ فِي سَبِيلِ اللّهِ...
but take not friends from their ranks until they flee in the way of Allah (from what is forbidden).
C607. Flee: the verbal form which the noun Hijrah is derived. Bukhari interprets this rightly as fleeing from all that is forbidden. This would include Hijrah in the technical sense of leaving a place in which the practice of religion is not allowed.
But it is more general. In time of war, if a man is willing to submit to discipline and refrain from infringing orders issued, he has proved his fidelity and may be treated as a member of the community at war.
On the other hand if he by false pretences comes into the inner counsels merely to betray them, he may rightly be treated as a traitor or deserter and be punished for his treason or desertion; or
if he escapes, he can be treated as an enemy and is entitled to no mercy. He is worse than an enemy: he has claimed to be of you in order to spy on you, and been all the time helping the enemy.
... فَإِن تَوَلَّوْاْ فَخُذُوهُمْ وَاقْتُلُوهُمْ حَيْثُ وَجَدتَّمُوهُمْ...
But if they turn renegades, seize them and slay them wherever ye find them?
... وَلاَ تَتَّخِذُواْ مِنْهُمْ وَلِيًّا وَلاَ نَصِيرًا ﴿٨٩﴾
and (in any case) take no friends or helpers from their ranks.
إِلاَّ
الَّذِينَ
يَصِلُونَ
إِلَىَ
قَوْمٍ
بَيْنَكُمْ
وَبَيْنَهُم
مِّيثَاقٌ...
4: 90. Except those who join a group between whom and you there is a treaty (of peace),
C608. Except: the exception refers to "seize them and slay them", the death penalty for repeated desertion.
Even after such desertion, exemption is granted in two cases.
- One is where the deserter took asylum with a tribe with whom there was a treaty of peace and amity.
Presumably such a tribe (even though outside the pale of Islam) might be trusted to keep the man from fighting against the forces of Islam -in the modern phrase, to disarm him and render him harmless.
- The second case for exemption is where the man from his own heart desires never to take up arms against Islam, though he does not wish to join the forces of Islam, to fight against a hostile tribe (perhaps his own) fighting against Islam.
But he must make a real approach, giving guarantees of his sincerity. In the modern phrase he would be "on parole".
But this provision is much milder than that in modern military codes, which grant the privilege only to enemy prisoners, not to those who have deserted from the army granting them parole.
The Hypocrites were in that position, but humanity as well as policy treated them with great leniency.
... أَوْ جَآؤُوكُمْ حَصِرَتْ صُدُورُهُمْ أَن يُقَاتِلُونَكُمْ أَوْ يُقَاتِلُواْ قَوْمَهُمْ...
or those who approach you with hearts restraining them from fighting you as well as fighting their own people.
C609. Approach or come: refers not to the physical act coming, but to the mental attitude; the heart is mentioned for sincerity.
When they sincerely promise not to fight against you, do not pursue them. remember that if they had fought against you, your difficulties would have been increased. their neutrality itself may be a great advantage to you.
So long as you are satisfied that they are sincere and their acts support their declarations of peace with you, you should not consider yourself justified in pursuing them and warning against them.
... وَلَوْ شَاء اللّهُ لَسَلَّطَهُمْ عَلَيْكُمْ فَلَقَاتَلُوكُمْ...
If Allah had pleased, He could have given them power over you, and they would have fought you:
... فَإِنِ اعْتَزَلُوكُمْ فَلَمْ يُقَاتِلُوكُمْ وَأَلْقَوْاْ إِلَيْكُمُ السَّلَمَ فَمَا جَعَلَ اللّهُ لَكُمْ عَلَيْهِمْ سَبِيلاً ﴿٩٠﴾
therefore if they withdraw from you but fight you not, and (instead) send you (guarantees of) peace, then Allah hath opened no way for you (to war against them).
سَتَجِدُونَ
آخَرِينَ
يُرِيدُونَ
أَن
يَأْمَنُوكُمْ
وَيَأْمَنُواْ
قَوْمَهُمْ
...
4: 91. Others you will find that wish to gain your confidence as well as that of their people:
كُلَّ مَا رُدُّوَاْ إِلَى الْفِتْنِةِ أُرْكِسُواْ فِيِهَا...
every time they are sent back to temptation, they succumb thereto:
C610. As opposed to the two classes of deserters to whom clemency may be shown, there is a class which is treacherous and dangerous and cannot be left alone.
They try to win your confidence, and are all the time in the confidence of the enemy. Every time they get a chance, they succumb to the temptation of double-dealing. The best way of dealing with them is to treat them as open enemies. Keep them not in your midst.
If they give you guarantees of peace and do not actually fight against you, well and good. If not, they are deserters actively fighting in the ranks of the enemy. They have openly given you proof, and you can fairly seize and slay them in war as deserters and enemies.
... فَإِن لَّمْ يَعْتَزِلُوكُمْ وَيُلْقُواْ إِلَيْكُمُ السَّلَمَ وَيَكُفُّوَاْ أَيْدِيَهُمْ فَخُذُوهُمْ وَاقْتُلُوهُمْ حَيْثُ ثِقِفْتُمُوهُمْ...
if they withdraw not from you nor give you (guarantees) of peace besides restraining their hands, seize them and slay them. Wherever ye get them:
... وَأُوْلَـئِكُمْ جَعَلْنَا لَكُمْ عَلَيْهِمْ سُلْطَانًا مُّبِينًا ﴿٩١﴾
in their case We have provided you with a clear argument against them.
4: 89
Asad They would love to see you deny the truth even as they have denied it, so that you should be like them. Do not, therefore, take them for your allies until they forsake the domain of evil [note 108] for the sake of God; and if they revert to [open] enmity, seize them and slay them wherever you may find them. And do not take any of them [note 109] for your ally or giver of succor,
Pickthall They long that ye should disbelieve even as they disbelieve, that ye may be upon a level (with them). So choose not friends from them till they forsake their homes in the way of Allah; if they turn back (to enmity) then take them and kill them wherever ye find them, and choose no friend nor helper from among them,
Transliteration Waddu_ lau takfuru_na kama_ kafaru_ fa taku_nu_na sawa_'an fala_ tattakhizu_ minhum auliya_'a hatta_ yuha_jiru_ fi sabililla_h(i), fa in tawallau fakhuzu_hum waqtulu_hum haisu wajattumu_hum, wa la_ tattakhizu_ minhum waliyyaw wa la_ nasira_(n).
[[ Asad’s note 108 – See surah 2, note 203, as well as note 124 of this surah.]]
Note 124 ………..It is in this wider, moral and ethical meaning of the term ‘hijrah’ to which the above passage refers………….]]
[[ Ali’s notes - 606 When the desertion of the Hypocrites at Uhud nearly caused a disaster to the Muslim cause there was great feeling among the Muslims of Madinah against them. One party wanted to put them to the sword: another to leave them alone. The actual policy pursued avoided both extremes, and was determined by these verses. It was clear that they were a danger to the Muslim community if they were admitted into its counsels, and in any case they were a source of demoralization. But while every caution was used, no extreme measures were taken against them. On the contrary, they were given a chance of making good. If they made a sacrifice for the cause ("flee from what is forbidden," see next verse), their conduct purged their previous cowardice, and their sincerity entitled them to be taken back. But if they deserted the Muslim community again, they were treated as enemies, with the additional penalty of desertion which is enforced by all nations actually at war. Even so, a humane exception was made in the two cases specified in iv. 90. (4.88)]]
607 Flee: the verbal form which the noun hijrat is derived. Bukhari interprets this rightly as fleeing from all that is forbidden. This would include hijrat in the technical sense of leaving a place in which the practice of religion is not allowed. But it is more general. In time of war, if a man is willing to submit to discipline and refrain from infringing orders issued, he has proved his fidelity and may be treated as a member of the community at war. On the other hand if he by false pretences comes into the inner counsels merely to betray them, he may rightly be treated as a traitor or deserter and be punished for his treason or desertion; or if he escapes, he can be treated as an enemy and is entitled to no mercy. He is worse than an enemy: he has claimed to be of you in order to spy on you, and been all the time helping the enemy. (4.89)]]
4: 90
Asad ………… 4: 90 ....Thus if they let you be, and do not make war on you, and offer you peace, God does not allow you to harm them. [note 111]
Pickthall Except those who seek refuge with a people between whom and you there is a covenant, or (those who) come unto you because their hearts forbid them to make war on you or make war on their own folk. Had Allah willed He could have given them power over you so that assuredly they would have fought you. So, if they hold aloof from you and wage not war against you and offer you peace, Allah alloweth you no way against them
llal lazina yasilu_na ila_ qaumim bainakum wa bainahum misa_qun au ja_'u_kum hasirat sudu_ruhum ay yuqa_tilu_kum au yuqa_tilu_ qaumahum, wa lau sya_'alla_hu lasallatahum'alaikum falaqa_talu_kum, fa ini'tazalu_kum falam yuqa_tilu_kum wa alqau ilaikumus salam(a), fama_ ja'alalla_hu lakum 'alaihim sabila_(n).
4: 91
Asad You will find [that there are] others who would like to be safe from you as well as safe from their own folk, [but who,] whenever they are faced anew with temptation to evil, plunge into it headlong [note 112]. Hence, if they do not let you be, and do not offer you peace, and do not stay their hands, seize them and slay them whenever you come upon them: for it is against these that We have clearly empowered you [to make war]. note 113
Pickthall Ye will find others who desire that they should have security from you, and security from their own folk. So often as they are returned to hostility they are plunged therein. If they keep not aloof from you nor offer you peace nor hold their hands, then take them and kill them wherever ye find them. Against such We have given you clear warrant.
Satajidu_na a_kharina yuridu_na ay ya'manu_kum wa ya'manu_ qaumahum, kulla ma_ ruddu_ ilal fitnati urkisu_ fiha_, fa illam ya'tazilu_kum wa yulqu_ ilaikumus salama wa yakuffu_ aidiyahum fa khuzu_hum waqtulu_hum haisu saqiftumu_hum, wa ula_'ikum ja'alna_ lakum 'alaihim sulta_nam mubina_(n).
[[ Asad note 111 – Lit., “God has given you no way against them”: a reference to the ordinance laid down in verse 86 above. 112 – Lit., “whenever they are returned to temptation (fitnah), they are thrown back into it”, or , “thrown headlong into it”.
113- Lit., “that We have given you clear authority (sultan)” – a solemn reiteration of the ordinance which permits war only in self-defense (cf. 2:190 ff. as well as the corresponding notes 167-168).]]
[[ Ali’s note 608 Except: the exception refers to "seize them and slay them", the death penalty for repeated desertion. Even after such desertion, exemption is granted in two cases. One is where the deserter took asylum with a tribe with whom there was a treaty of peace and amity. Presumably such a tribe (even though outside the pale of Islam) might be trusted to keep the man from fighting against the forces of Islam-in the modern phrase, to disarm him and render him harmless. The second case for exemption is where the man from his own heart desires never to take up arms against Islam, though he does not wish to join the forces of Islam, to fight against a hostile tribe (perhaps his own) fighting against Islam. But he must make a real approach, giving guarantees of his sincerity. In the modern phrase he would be "on parole". But this provision is much milder than that in modern military codes, which grant the privilege only to enemy prisoners, not to those who have deserted from the army granting them parole. The Hypocrites were in that position, but humanity as well as policy treated them with great leniency. (4.90) ]]
610 As opposed to the two classes of deserters to whom clemency may be shown, there is a class which is treacherous and dangerous and cannot be left alone. They try to win your confidence, and are all the time in the confidence of the enemy. Every time they get a chance, they succumb to the temptation of double-dealing. The best way of dealing with them is to treat them as open enemies. Keep them not in your midst. If they give you guarantees of peace and do not actually fight against you, well and good. If not, they are deserters actively fighting in the ranks of the enemy. They have openly given you proof, and you can fairly seize and slay them in war as deserters and enemies. (4.91)]]
=====================================
17. [al-Israa, Mecca 50]
The Quranic Text & Ali’s Version:
وَلاَ
تَقْتُلُواْ
النَّفْسَ
الَّتِي حَرَّمَ
اللّهُ إِلاَّ
بِالحَقِّ...
17: 33. Nor take life -- which Allah has made sacred -- except for just cause.
...وَمَن قُتِلَ مَظْلُومًا فَقَدْ جَعَلْنَا لِوَلِيِّهِ سُلْطَانًا ...
And if anyone is slain wrongfully, We have given his heir authority (to demand Qisas or to forgive):
C2216. On the subject of Qisas see 2:178 and the notes thereto.
Under the strict limitations there laid down, a life may be taken for a life. The heir is given the right to demand the life; but he must not exceed due bounds, because he is helped by the Law.
Some Commentators understand "he" in "he is helped (by the Law)" to refer to the heir of the person against whom Qisas is sought. He too will be helped by the Law, if the heir of the first slain exceeds the 'bounds of Law.
... فَلاَ يُسْرِف فِّي الْقَتْلِ...
but let him not exceed bounds in the matter of taking life:
...إِنَّهُ كَانَ مَنْصُورًا ﴿٣٣﴾
for he is helped (by the Law).
Others version:
17: 33
Pickthall And slay not the life which Allah hath forbidden save with right. Whoso is slain wrongfully, We have given power unto his heir, but let him not commit excess in slaying. Lo! he will be helped.
Yuksel Do not kill, for God has made this forbidden, except in the course of justice. Whoever is killed unjustly, then We have given his heir authority. Since he received help let him not transgress in the taking of a life.
Transliteration Wa la_ taqtulun nafsal lati harramalla_hu illa_ bil haqq(i), wa man qutila mazlu_man faqad ja'alna_ li waliyyihi sulta_nan fala_ yusrif fil qatl(i), innahu_ ka_na mansu_ra_(n).