58. Accordingly, the Sahihayn have a hadith which reports that `Abdullah ibn Mas`ud asked the Prophet,

يَا رَسُولَ اللَّهِ أَيُّ الذَّنْبِ أَعْظَمُ قَالَ أَنْ تَجْعَلَ لِلَّهِ نِدًّا وَهُوَ خَلَقَكَ قَالَ قُلْتُ ثُمَّ مَاذَا قَالَ أَنْ تَقْتُلَ وَلَدَكَ خَشْيَةَ أَنْ يَطْعَمَ مَعَكَ قَالَ قُلْتُ ثُمَّ مَاذَا قَالَ أَنْ تَزْنِيَ بِحَلِيلَةِ جَارِكَ

“Messenger of Allah. What sin is the most serious?” He replied, “That you should declare Allah’s equal while He created you.” He asked, “Which one after that?” He answered, “That you should kill your child out of fear that he will share your food.” He asked, “Which one after that?” He replied, “That you should commit fornication with the neighbor’s woman” (Ibn Kathir).

59. “Zina” of the original is for any unlawful sex between a man and woman. It denotes both fornication as well as adultery (Au).

60. Ibn Abi Dunya has a hadith which says,



ما من ذنب بعد الشرك أعظم عند الله من نطفة وضعها رجل في رحم لا يحل له

“There is no sin greater - after association with Allah - than the drop of semen that a man places in a womb that is not lawful to him.”

The report is Mursal (Au.).

And Imam Ahmad has a report (Sahih according to Arna’ut: Au.) that:

عَنْ أَبِي أُمَامَةَ قَالَ إِنَّ فَتًى شَابًّا أَتَى النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَقَالَ يَا رَسُولَ اللَّهِ ائْذَنْ لِي بِالزِّنَا فَأَقْبَلَ الْقَوْمُ عَلَيْهِ فَزَجَرُوهُ قَالُوا مَهْ مَهْ فَقَالَ ادْنُهْ فَدَنَا مِنْهُ قَرِيبًا قَالَ فَجَلَسَ قَالَ أَتُحِبُّهُ لِأُمِّكَ قَالَ لَا وَاللَّهِ جَعَلَنِي اللَّهُ فِدَاءَكَ قَالَ وَلَا النَّاسُ يُحِبُّونَهُ لِأُمَّهَاتِهِمْ قَالَ أَفَتُحِبُّهُ لِابْنَتِكَ قَالَ لَا وَاللَّهِ يَا رَسُولَ اللَّهِ جَعَلَنِي اللَّهُ فِدَاءَكَ قَالَ وَلَا النَّاسُ يُحِبُّونَهُ لِبَنَاتِهِمْ قَالَ أَفَتُحِبُّهُ لِأُخْتِكَ قَالَ لَا وَاللَّهِ جَعَلَنِي اللَّهُ فِدَاءَكَ قَالَ وَلَا النَّاسُ يُحِبُّونَهُ لِأَخَوَاتِهِمْ قَالَ أَفَتُحِبُّهُ لِعَمَّتِكَ قَالَ لَا وَاللَّهِ جَعَلَنِي اللَّهُ فِدَاءَكَ قَالَ وَلَا النَّاسُ يُحِبُّونَهُ لِعَمَّاتِهِمْ قَالَ أَفَتُحِبُّهُ لِخَالَتِكَ قَالَ لَا وَاللَّهِ جَعَلَنِي اللَّهُ فِدَاءَكَ قَالَ وَلَا النَّاسُ يُحِبُّونَهُ لِخَالَاتِهِمْ قَالَ فَوَضَعَ يَدَهُ عَلَيْهِ وَقَالَ اللَّهُمَّ اغْفِرْ ذَنْبَهُ وَطَهِّرْ قَلْبَهُ وَحَصِّنْ فَرْجَهُ فَلَمْ يَكُنْ بَعْدُ ذَلِكَ الْفَتَى يَلْتَفِتُ إِلَى شَيْءٍ

Abu Umamah reported that once a young man went to the Prophet and asked that he be allowed fornication. The people began to reproach him. But the Prophet told him to get near. He made him sit before him and asked, “Do you approve of it for your mother?” He said, “No by Allah, Messenger of Allah, may I sacrifice my life for you.” He said, “Of course no one will approve of that for his mother. Will you then approve of it for your daughter?” He said, “No by Allah, Messenger of Allah, may I sacrifice my life for you.” He said, “Of course no one will approve of it for his daughter. Will you then approve of it for your sister?” He said, “No by Allah, Messenger of Allah, may I sacrifice my life for you.” He said, “Of course no one will approve of that for his sister. Will you then approve of it for your paternal aunt?” He said, “No by Allah, Messenger of Allah, may I sacrifice my life for you.” He said, “Of course no one will approve of that for his paternal aunt. Will you then approve of it for your maternal aunt?” He said, “No by Allah, Messenger of Allah, may I sacrifice my life for you.” He said, “Of course no one will approve of that for his maternal aunt.” Then he placed his hand on his breast and supplicated, “O Allah, forgive him his sins, cleanse his heart and protect his private parts.” The man returned. And it is reported that thereafter such a thought never occurred to him again (Ibn Kathir).

61. Ibn `Abbas, Qatadah and others have said that there are three “rights” by which a man’s life becomes lawful to be taken: i) deliberate murder, ii) unlawful sexual intercourse, and, iii) apostasy (Ibn Jarir). And a hadith says,

لَزَوَالُ الدُّنْيَا أَهْوَنُ عَلَى اللَّهِ مِنْ قَتْلِ رَجُلٍ مُسْلِمٍ

“The destruction of the world is lighter with Allah than the murder of a Muslim” (Ibn Kathir).

The hadith is in Ibn Majah and others treated by Haythami as Sahih (Au.).

62. The textual word is sultan. Ibn `Abbas, Dahhak and others, have understood it as the choice the closest of heir has between three options: life for life, blood-wit, or forgiveness. That is his sultan (Ibn Jarir).

It might also be noted that he alone has the right, and no one else on his behalf. For example, if someone else murdered the murderer, the second murderer will face the law of retaliation, even if the heir (one who had the sultan) said that it was he who had asked the second murderer to murder the first murderer (Alusi).

63. Who is meant by the words “let him not...?” The answer given by some of the Salaf is that since the revelation of this verse took place in Makkah, it was the Prophet who was meant, and, after him, his successors. They were not to allow retaliation except in just measure. However, a second opinion is that it is the heir who is meant by the words, “let him not.” That is because this Surah is Makkan. Muslims had no political power there, in fact, no power at all. They could be killed by Makkans at will. Naturally, they wished to retaliate. They were told that the heir had the authority. But he was not to exceed in slaying, or kill other than the murderer as they were wont to do in pre-Islamic times. (Also, they were not to torture the murderer before killing him). This was the opinion of Hasan, Dahhak and some others (Ibn Jarir, Shawkani).

For laws pertaining to Qisas, (the law of just retribution) see note 365 of Surah al-Baqarah of this work.

64. That is, the heir will be helped by the authorities in his efforts to seek justice. This is how Qatadah understood this part of the verse (Ibn Jarir).

65. It is said that in view of this verse, the Companions were so careful about treatment of the orphans that they would not share their food, drink or mount, until Allah revealed verse 220 of Surah al-Baqarah. It said,

وَيَسْأَلُونَكَ عَنِ الْيَتَامَى قُلْ إِصْلَاحٌ لَهُمْ خَيْرٌ وَإِنْ تُخَالِطُوهُمْ فَإِخْوَانُكُمْ وَاللَّهُ يَعْلَمُ الْمُفْسِدَ مِنَ الْمُصْلِحِ [البقرة : 220]

“And they ask you about the orphans. Say, ‘The best thing (for them) is (promotion of) their welfare. However, if you mingle (your food, drink and other things) with theirs, then, (that is alright, for) they are your brothers. And Allah knows the corrupt from the well-meaning’” (Ibn Jarir).

The Prophet however had warned Abu Dharr against going near the orphan’s wealth. He told him,

يَا أَبَا ذَرٍّ إِنِّى أَرَاكَ ضَعِيفًا وَإِنِّى أُحِبُّ لَكَ مَا أُحِبُّ لِنَفْسِى لاَ تَأَمَّرَنَّ عَلَى اثْنَيْنِ وَلاَ تَوَلَّيَنَّ مَالَ يَتِيمٍ

“O Abu Dharr. I find you weak. And I wish for you what I wish for myself. Never be an amir over even two people. And never accept the charge of an orphan’s wealth” (Ibn Kathir).

The report is from Muslim (Au.).

66. For explanation of the term “ashudd”, see note 281 of Surah Al-An`am of this work.

67. Ibn `Abbas used to say that he heard the Prophet say, “A man does not have power over an unlawful thing, yet avoids it merely in fear of Allah, - but Allah gives him in this world itself what is better for him than that” (Ibn Jarir, Ibn Kathir).

Qurtubi narrates it as a truncated report coming from Hasan.

68. That is, do not say, “I saw” if you have not seen, or “I heard” when you have not heard (Ibn Jarir, Ibn Kathir). A Sahih hadith says,

كَفَى بِالْمَرْءِ كَذِبًا أَنْ يُحَدِّثَ بِكُلِّ مَا سَمِعَ

“It is enough of a lie for a man to should pass on all that he hears.” That is, one may not pass on what he hears without first checking its authenticity (Au.).

Mawdudi adds: “The purpose of this Qur’anic verse is that people should be guided by knowledge rather than conjecture both in their individual and collective lives. In an Islamic society, this direction found its reflection in ethics and law, in politics and administration, and in arts, sciences and education; in short in all spheres of human life. The perspective ensured that human thought and action were made safe from the many evil consequences which ensue from relying on guess works and conjecture instead of knowledge.”

69. Before acting proud, one might fear what happened to someone of a previous nation. The Prophet said in a hadith of Muslim,

بَيْنَمَا رَجُلٌ يَجُرُّ إِزَارَهُ مِنْ الْخُيَلَاءِ خُسِفَ بِهِ فَهُوَ يَتَجَلْجَلُ فِي الْأَرْضِ إِلَى يَوْمِ الْقِيَامَةِ

“While a man was strutting on the earth proud over a new mantle when the earth split and he went in. He shall be sinking until the Day of Judgment.”

Another hadith says,

من تواضع لله رفعه الله, فهو في نفسه حقير وعند الناس كبير, ومن استكبر وضعه الله فهو في نفسه كبير وعند الناس حقير, حتى لهو أبغض إليهم من الكلب والخنزير

“Whoever humbled himself for Allah, will be raised by Him. He might be insignificant in his own eyes, but great in the eyes of the people. And whoever waxed proud, Allah will bring him down. He might be a great man in his own eyes, but worthless in the eyes of the people. Indeed, he might be more hateful to them than a dog or a swine.”

(Suyuti declared a similar hadith Sahih in his Jami` but Munawi demonstrates that it is weak; while some scholars thought that the second part could be a fabrication: Au.).

Bakhtari once saw a man of `Ali’s family wax proud in his walk. He told him, “Man. The one because of whom you receive respect, did not walk like that.” The man gave up. And Bazzar has a report which reports the Prophet as having said,

إِذَا مَشَتْ أُمَّتِي الْمُطَيْطاءَ، وَخَدَمَتْهُمْ فَارِسُ وَالرُّومُ، سُلِّطَ بَعْضُهُمْ عَلَى بَعْضٍ

“When my ummah learns to walk proudly, and the Romans and Persians are its servants, then Allah will impose some of them over others (as tyrants)” - Ibn Kathir.

The above tradition is in Sahih ibn Hibban (Au.).

70. The consequences of breaking Allah’s laws have not been stated here. The Hadith does it. For example, a hadith in Bayhaqi as well as in several other collections says,

لَمْ تَظْهَرِ الْفَاحِشَةُ فِي قَوْمٍ قَطُّ ، حَتَّى يُعْلِنُوا ، بِهَا إِلَّا فَشَا فِيهِمُ الطَّاعُونُ وَالْأَوْجَاعُ ، الَّتِي لَمْ تَكُنْ مَضَتْ فِي أَسْلَافِهِمُ الَّذِينَ مَضَوْا ، وَلَمْ يَنْقُصُوا الْمِكْيَالَ وَالْمِيزَانَ ، إِلَّا أُخِذُوا بِالسِّنِينَ ، وَشِدَّةِ الْمَئُونَةِ ، وَجَوْرِ السُّلْطَانِ عَلَيْهِمْ ، وَلَمْ يَمْنَعُوا زَكَاةَ أَمْوَالِهِمْ إِلَّا مُنِعُوا الْقَطْرَ مِنَ السَّمَاءِ ، وَلَوْلَا الْبَهَائِمُ لَمْ يُمْطَرُوا وَلَمْ يَنْقُضُوا عَهْدَ اللَّهِ ، وَعَهْدَ رَسُولِهِ إِلَّا سَلَّطَ اللَّهُ عَلَيْهِمْ عَدُوًّا مِنْ غَيْرِهِمْ

“Indecency never appeared in a people, to the extent that they did it openly, but they were visited by plague and diseases unknown to their forefathers. They never cheated in weights and measures but they were overtaken by starvation, hunger and the tyranny of the rulers. They never refused to pay the zakah but rains were held back from the heavens. If not for animals they would not have received any rains. They never broke Allah’s and His Messenger’s covenant but Allah imposed their enemies on them” (Alusi).

The hadith is in Ibn Majah treated Hasan by Albani (Au.).

71. Asad comments: “.. an allusion to the pre-Islamic Arabian belief that the angels - conceived of as a kind of female sub-deities - were God’s “daughters”, and this despite the pagan Arab’s contempt of female offspring.”