4. Sura an-Nisa
Medina 92 [Hijra 4]
The Quranic Text & Ali’s Version:
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.
يَا
أَيُّهَا الَّذِينَ
آمَنُواْ إِذَا
ضَرَبْتُمْ
فِي سَبِيلِ
اللّهِ فَتَبَيَّنُواْ
...
4: 94. O ye who believe! when ye go abroad in the Cause of Allah, investigate carefully,
C613. Go abroad: dharaba: to travel, to go for jihad, or for honest trade or other service, which if done with pure motives, counts as service in the cause of Allah.
The immediate occasion was in connection with jihad, but the words are general, and can be applied to similar circumstances.
In war (or in peace) we are apt to catch some worldly advantage by pluming ourselves on our superiority in Faith. In war perhaps we want to gain glory or booty by killing a supposed enemy. This is wrong.
The righteous man, if he is really out in Allah's service, has more abundant and richer gifts to think of in the spiritual world.
... وَلاَ تَقُولُواْ لِمَنْ أَلْقَى إِلَيْكُمُ السَّلاَمَ لَسْتَ مُؤْمِنًا...
and say not to anyone who offers you a salutation: "Thou art none of a believer!"
... تَبْتَغُونَ عَرَضَ الْحَيَاةِ الدُّنْيَا فَعِندَ اللّهِ مَغَانِمُ كَثِيرَةٌ...
Coveting the perishable goods of this life: with Allah are profits and spoils abundant.
... كَذَلِكَ كُنتُم مِّن قَبْلُ فَمَنَّ اللّهُ عَلَيْكُمْ فَتَبَيَّنُواْ...
Even thus were ye yourselves before, till Allah conferred on you His favors: therefore carefully investigate,
... إِنَّ اللّهَ كَانَ بِمَا تَعْمَلُونَ خَبِيرًا ﴿٩٤﴾
for Allah is well aware of all that ye do.
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)]]
4: 94
Asad [Hence,] O you who have attained to faith, when you go forth [to war] in God’s cause, use your discernment, and do not - out of a desire for the fleeting gains of this worldly life – say unto anyone who offers you the greeting of peace, “You are not a believer” [note 119]: for with God there are gains abundant. You, too, were once in the same condition [note 120] – but God has been gracious unto you. Use, therefore, your discernment: verily, God is aware of what you do.
Pickthall O ye who believe! When ye go forth (to fight) in the way of Allah, be careful to discriminate, and say not unto one who offer you peace: "You are not a believer;" seeking the chance profits of this life (so that ye may despoil him). With Allah are plenteous spoils. Even thus (as he now is) were ye before; but Allah hath since then been gracious unto you. Therefore take care to discriminate. Allah is ever informed of what ye do.
Ya_ ayyuhal lazina a_manu_ iza_ darabtum fi sabililla_hi fa tabayyanu_ wa la_ taqu_lu_ liman alqa_ ilaikumus salama lasta mu'mina_(n), tabtagu_na'aradal haya_tid dunya_, fa'indalla_hi maga_nimu kasirah(tun), kaza_lika kuntum min qablu fa mannalla_hu 'alaikum fa tabayyanu_, innalla_ha ka_na bima_ ta'malu_na khabira_(n).
[[ Ruby’s note – The emphasis that comes out of this verse is that God is exhorting to the believers to be extremely considerate to the non-Believers who are not belligerent reflecting on themselves that they were also once non-believers. This kind of exhortation is given when God wants the believers to be compassionate and humble towards non-Muslims. This verse categorically forbids killing anyone who is not a threat. Merely opposing a view or holding different faith and lifestyle do not constitute reason to kill or fight against.]]
[[ Asad’s note – 119 - ………This verse prohibits the treating of non-combatants as enemies and using their supposed unbelief as a pretext for plundering them. The injunction “use your discernment” (tabayyanu) impose on the believers the duty of making sure, in every case, whether the persons concerned are actively engaged in hostilities or not.
120 – Lit., “thus have you [too] been aforetime”. Since the preceding injunction refers to the whole community, it would seem that the above clause, too, bears the same implication: namely, a reference to the time when the Muslim community was, because of its weakness and numerical insignificance, at the mercy of enemies endowed with greater power. Thus, the believers are told, as it were: “Remember your erstwhile weakness, and treat the peacefully-minded among your enemies with the same consideration with which you yourselves were once hoping to be treated.” ]]