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Therein - in the curse. A curse is not a matter of words: it is a terrible spiritual state, opposite to the state of Grace. Can man curse? Not of course in the same sense in which we speak of the curse of God. A mere verbal curse is of no effect. Hence the English saying: "A causeless curse will not come." But if men are oppressed or unjustly treated, their cries can ascend to God in prayer, and then it becomes God's "wrath" or curse, the deprivation of God's Grace as regards the wrong-doer.
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Where the terrible consequences of Evil, i.e., the rejection of God, are mentioned, there is always stress laid on God's attributes of Grace and Mercy. In this case Unity is also stressed, because we have just been told about the Qibla symbol of unity and are about to pass the theme of unity in diversity, in Nature and in the social laws of human society.
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This passage is one of the many in which the Qur'an appeals to "those who use their reason" to observe the daily wonders of nature, including the evidence of man's own ingenuity ("the ships that speed through the sea"), as so many indications of a conscious, creative Power pervading the universe.
This magnificent Nature passage stands out like a hill in a landscape, enhancing the beauty of our view, and preparing us for the every-day laws and ordinances which follow.
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Lit., "there are among the people such as take [to worshipping] compeers beside God". Regarding the term andad, see note [13] on verse {22} of this surah.
Lit., "when they see the suffering" (or "chastisement").
Everything around and within us points to unity of purpose and design, - points to God. Yet there are foolish persons (unrighteous - those who deliberately use the choice given them to go wrong). They think something else is equal to God. Perhaps they even do lip service to God. If only the unrighteous could see the consequences, they would see the terrible Penalty, and that all Power is in God's hands, not in that of any one else. Who are these others who are used as fetishes by the misguided? It may be: (1) creatures of their own imagination, or of their faculties misused; the idea lying behind Idols is akin to this, for no intelligent idol-worshipper owns to worshipping stocks and stones; or (2) good leaders whose names have been misused out of perversity to erect them to a position of equality with God; or (3) Powers of evil that deliberately mislead. When it comes to the inevitable consequences of blasphemy and the rejection of God, the eyes of all are opened and these false and artificial relations dissolve. The idea which was created into a fetish disowns its follower, i.e. is seen to have no reasonable basis in the life of the follower, and the follower is forced to renounce it as false. The good ones would take an unholy delight in exposing the facts. The Reality is now irresistible but alas! at what cost?
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Lit., "followed" - i.e., as saints or alleged "divine personalities".
Asbab (sing. sabab) denotes, in its primary meaning, "ties" or "attachments", and in a tropical sense, "means [towards any end]" (cf. Lisan al-'Arab, and Lane IV, 1285). In the above context, asbab obviously refers to means of salvation, and may thus be rendered as "hopes".
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Lit., "Would that there were a return for us".
Sc., back to the life of this world, with a second chance before them (Manar II, 81).
Our deeds are irrevocable and we must pass through the Fire of repentance and regrets.
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We now come to the regulations about food. First (ii. 168-71) we have an appeal to all people, Muslims, Pagans, as well as the People of the Book; then (ii. 172-73) to the Muslims specially; then (ii 174-76) to the sort of men who then (as some do now) either believe in too much formalism or believe in no restrictions at all. Islam follows the Golden Mean. All well-regulated societies lay down reasonable limitations. These become incumbent on all loyal members of any given society, and show what is "lawful" in that society. But if the limitations are reasonable, as they should be, the "lawful" will also coincide more and more with what is "good."
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This refers to an arbitrary attribution to God of commandments or prohibitions in excess of what has been clearly ordained by Him (Zamakhshari). Some of the commentators (e.g., Muhammad 'Abduh in Manar II, 89 f.) include within this expression the innumerable supposedly "legal" injunctions which, without being clearly warranted by the wording of the Qur'an or an authentic Tradition, have been obtained by individual Muslim scholars through subjective methods of deduction and then put forward as "God's ordinances". The connection between this passage and the preceding ones is obvious. In verses {165-167} the Qur'an speaks of those "who choose to believe in beings that supposedly rival God": and this implies also a false attribution, to those beings, of a right to issue quasi-religious ordinances of their own, as well as an attribution of religious validity to customs sanctioned by nothing but ancient usage (see next verse).
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This is a very free rendering of the elliptic sentence which, literally, reads thus: "The parable of those who are bent on denying the truth is as that of him who cries unto what hears nothing but a cry and a call." The verb na'qa is mostly used to describe the inarticulate cry with which the shepherd drives his flock.
If you reject all faith, the highest wisdom and the most salutary regulations are lost on you. You are like "dumb driven cattle" who can merely hear calls, but cannot distinguish intelligently between shades of meaning or subtle differences of values.
Cf ii. 18, where we are told that the rejectors of faith are "deaf, dumb and blind: they will not return to the path." Here the consequence of their not using their senses is that they have no wisdom. In each context there is just the appropriate deduction.
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Gratitude for God's gifts is one form of worship.
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I.e., all that has been dedicated or offered in sacrifice to an idol or a saint or a person considered to be "divine". For a more comprehensive enumeration of the forbidden kinds of flesh, see 5:3 .
Eating pork is forbidden in the Old Testament in Leviticus 11:7-8 and Deuteronomy 14:8.
Dead meat: maitat: carrion; animal that dies of itself; the original Arabic has a slightly wider meaning given to it in Fiqh (Religious Law); anything that dies of itself and is not expressly killed for food with the Takbir duly pronounced on it. But there are exceptions, e.g., fish and locusts are lawful, though they have not been made specially halal with the Takbir. But even fish or locusts as carrion would be obviously ruled out.
For prohibited foods, cf. also Q. v. 4-5; vi. 121, 138-146; etc. The teachers of Fiqh (Religious Law) work out the details with great elaboration. My purpose is to present general principles, not technical details. Carrion or dead meat and blood as articles of food would obviously cause disgust to any refined person. So would swine's flesh where the swine live on offal. Where swine are fed artifically on clean food, the objections remain: (1) that they are filthy animals in other respects, and the flesh of filthy animals taken as food affects the eater; (2) that swine's flesh has more fat than muscle-building material; and (3) that it is more liable to disease than other kinds of meat; e.g., trichinosis, characterised by hair-like worms in the muscular tissue. As to food dedicated to idols or false gods, it is obviously unseemly for the Children of Unity to partake of it.
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This term is used here in its generic sense, comprising both the Qur'an and the earlier revelations.
"They eat nothing but fire into their bellies" is a literal translation that produces an effect of rude inelegance which is not in the Arabic words. Even in the matter of food and drinks, the mission of Islam is to avoid the extremes of lawlessness on the one hand and extreme formalism on the other. It has laid down a few simple and very reasonable rules. Their infraction causes loss of health or physical powers in any case. But if there is further a spirit of subjective rebellion or fraud - passing off in the name of religion something which is far from the purpose - the consequences become also moral and spiritual. Then it becomes a sin against Faith and Spirit. Continuing the physical simile, we actually swallow fire into ourselves. Imagine the torments which we should have if we swallowed fire into our physical body! They would be infinitely worse in our spiritual state, and they would go on to the Day of Resurrection, when we shall be deprived even of the words which the Judge speaks to a reasonable culprit, and we shall certainly not win His Grace and Mercy.
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Lit., "has been bestowing". Since the form nazzala implies gradualness and continuity in the process of revelation, it can best be rendered by the use of the present tense.
Lit., "who hold discordant views about the divine writ" - i.e., either suppressing or rejecting parts of it, or denying its divine origin altogether (Razi).
From the mere physical regulation we are at once lifted up into the sphere of morals and faith. For the one acts and reacts on the other. If we are constantly carping at wholesome regulations, we shall do nothing but cause division and schisms among the people, and ordered society would tend to break up.
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Thus, the Qur'an stresses the principle that mere compliance with outward forms does not fulfil the requirements of piety. The reference to the turning of one's face in prayer in this or that direction flows from the passages which dealt, a short while ago, with the question of the qiblah.
In this context, the term "revelation" (al-kitab) carries, according to most of the commentators, a generic significance: it refers to the fact of divine revelation as such. As regards belief in angels, it is postulated here because it is through these spiritual beings or forces (belonging to the realm of al-ghayb, i.e., the reality which is beyond the reach of human perception) that God reveals His will to the prophets and, thus, to mankind at large.
The expression ibn as-sabil (lit., "son of the road") denotes any person who is far from his home, and especially one who, because of this circumstance, does not have sufficient means of livelihood at his disposal (cf. Lane IV, 1302). In its wider sense it describes a person who, for any reason whatsoever, is unable to return home either temporarily or permanently: for instance, a political exile or refugee.
Ar-raqabah (of which ar-riqab is the plural) denotes, literally, "the neck", and signifies also the whole of a human person. Metonymically, the expression fi 'r-riqab denotes "in the cause of freeing human beings from bondage", and applies to both the ransoming of captives and the freeing of slaves. By including this kind of expenditure within the essential acts of piety, the Qur'an implies that the freeing of people from bondage - and, thus, the abolition of slavery - is one of the social objectives of Islam. At the time of the revelation of the Qur'an, slavery was an established institution throughout the world, and its sudden abolition would have been economically impossible. In order to obviate this difficulty, and at the same time to bring about an eventual abolition of all slavery, the Qur'an ordains in 8:67 that henceforth only captives taken in a just war (jihad) may be kept as slaves. But even with regard to persons enslaved in this or - before the revelation of 8:67 - in any other way, the Qur'an stresses the great merit inherent in the freeing of slaves, and stipulates it as a means of atonement for various transgressions (see, e.g., 4:92 , 5:89 , 58:3 ). In addition, the Prophet emphatically stated on many occasions that, in the sight of God, the unconditional freeing of a human being from bondage is among the most praiseworthy acts which a Muslim could perform. (For a critical discussion and analysis of all the authentic Traditions bearing on this problem, see Nayl al-Awtar VI, 199 ff.)
As if to emphasise again a warning against deadening formalism, we are given a beautiful description of the righteous and God-fearing man. He should obey salutary regulation, but he should fix his gaze on the love of God and the love of his fellow-men. We are given four heads: (1) our faith should be true and sincere; (2) we must be prepared to show it in deeds of charity to our fellowmen; (3) we must be good citizens, supporting social organisation; and (4) our own individual soul must be firm and unshaken in all circumstances. They are interconnected, and yet can be viewed separately.
Faith is not merely a matter of words. We must realise the presence and goodness of God. When we do so, the scales fall from our eyes: all the falsities and fleeting nature of the Present cease to enslave us, for we see the Last Day as if it were today. We also see God's working in His world and in us; His Powers (angels), His Messengers and His Message are no longer remote from us, but come within our experience.
Practical deeds of charity are of value when they proceed from love, and from no other motive. In this respect, also, our duties take various forms, which are shown in reasonable gradation: our kith and kin; orphans (including any persons who are without support or help); people who are in real need but who never ask (it is our duty to find them out, and they come before those who ask); the stranger, who is entitled to laws of hospitality; the people who ask and are entitled to ask, i.e., not merely lazy beggars, but those who seek our assistance in some form or another (it is our duty to respond to them); and the slaves (we must do all we can to give or buy their freedom). Slavery has many insidious forms, and all are included.
Charity and piety in individual cases do not complete our duties. In prayer and charity, we must also look to our organised efforts: where there is a Muslim State, these are made through the State, in facilities for public prayer, and public assistance, and for the maintenance of contracts and fair dealing in all matters.
Then come the Muslim virtues of firmness and patience. They are to "preserve the dignity of man, with soul erect" (Burns). Three sets of circumstances are specially mentioned for the exercise of this virtue: (1) bodily pain or suffering, (2) adversities or injuries of all kinds, deserved and underserved and (3) periods of public panic, such as war, violence, pestilence, etc.
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After having pointed out that true piety does not consist in mere adherence to outward forms and rites, the Qur'an opens, as it were, a new chapter relating to the problem of man's behaviour. Just as piety cannot become effective without righteous action, individual righteousness cannot become really effective in the social sense unless there is agreement within the community as to the social rights and obligations of its members: in other words, as to the practical laws which should govern the behaviour of the individual within the society and the society's attitude towards the individual and his actions. This is the innermost reason why legislation plays so great a role within the ideology of Islam, and why the Qur'an consistently intertwines its moral and spiritual exhortation with ordinances relating to practical aspects of social life. Now one of the main problems facing any society is the safeguarding of the lives and the individual security of its members: and so it is understandable that laws relating to homicide and its punishment are dealt with prominently at this place. (It should be borne in mind that "The Cow" was the first surah revealed in Medina, that is, at the time when the Muslim community had just become established as an independent social entity.) As for the term qisas occurring at the beginning of the above passage, it must be pointed out that - according to all the classical commentators - it is almost synonymous with musawah, i.e., "making a thing equal [to another thing]": in this instance, making the punishment equal (or appropriate) to the crime - a meaning which is best rendered as "just retribution" and not (as has been often, and erroneously, done) as "retaliation". Seeing that the Qur'an speaks here of "cases of killing" (fi 'l-qatla, lit., "in the matter of the killed") in general, and taking into account that this expression covers all possible cases of homicide - premeditated murder, murder under extreme provocation, culpable homicide, accidental manslaughter, and so forth - it is obvious that the taking of a life for a life (implied in the term "retaliation") would not in every case correspond to the demands of equity. (This has been made clear, for instance, in 4:92 , where legal restitution for unintentional homicide is dealt with.) Read in conjunction with the term "just retribution" which introduces this passage, it is clear that the stipulation "the free for the free, the slave for the slave, the woman for the woman" cannot - and has not been intended to - be taken in its literal, restrictive sense: for this would preclude its application to many cases of homicide, e.g., the killing of a free man by a slave, or of a woman by a man, or vice-versa. Thus, the above stipulation must be regarded as an example of the elliptical mode of expression (ijaz) so frequently employed in the Qur'an, and can have but one meaning, namely: "if a free man has committed the crime, the free man must be punished; if a slave has committed the crime...", etc. - in other words, whatever the status of the guilty person, he or she (and he or she alone) is to be punished in a manner appropriate to the crime.
Lit., "and he to whom [something] is remitted by his brother". There is no linguistic justification whatever for attributing - as some of the commentators have done - the pronoun "his" to the victim and, thus, for assuming that the expression "brother" stands for the victim's "family" or "blood relations". The pronoun "his" refers, unquestionably, to the guilty person; and since there is no reason for assuming that by "his brother" a real brother is meant, we cannot escape the conclusion that it denotes here "his brother in faith" or "his fellow-man" - in either of which terms the whole community is included. Thus, the expression "if something is remitted to a guilty person by his brother" (i.e., by the community or its legal organs) may refer either to the establishment of mitigating circumstances in a case of murder, or to the finding that the case under trial falls within the categories of culpable homicide or manslaughter - in which cases no capital punishment is to be exacted and restitution is to be made by the payment of an indemnity called diyyah (see 4:92 ) to the relatives of the victim. In consonance with the oft-recurring Qur'anic exhortation to forgiveness and forbearance, the "remission" mentioned above may also (and especially in cases of accidental manslaughter) relate to a partial or even total waiving of any claim to indemnification.
Lit., "and restitution to him in a goodly manner", it being understood that the pronoun in ilayhi ("to him") refers to the "brother in faith" or "fellow-man" mentioned earlier in this sentence. The word ada' (here translated as "restitution") denotes an act of acquitting oneself of a duty or a debt (cf. Lane I, 38), and stands here for the act of legal reparation imposed on the guilty person. This reparation or restitution is to be made "in a goodly manner" - by taking into account the situation of the accused and, on the latter's part, by acquitting himself of his obligation willingly and sincerely (cf. Manar II, 129).
Lit., "after this" - i.e., after the meaning of what constitutes "just retribution" (qisas) has been made clear in the above ordinance (Razi).
No one else should be executed in place of the killer. This verse was revealed regarding a particular incident. Nevertheless, the killer is killed regardless of the difference in gender or status, unless the victim’s family opts for blood money.
The guardian is the victim’s closest heir—male or female.
Or according to common law.
Note first that this verse and the next make it clear that Islam has much mitigated the horrors of the pre-Islamic custom of retaliation. In order to meet the strict claims of justice, equality is prescribed, with a strong recommendation for mercy and forgiveness. To translate qisas, therefore, by retaliation, is I think incorrect. The Latin legal term Lex Talionsis may come near it, but even that is modified here. In any case it is best to avoid technical terms for things that are very different. "Retaliation" in English has a wider meaning, equivalent almost to returning evil for evil, and would more fitly apply to the blood-feuds of the Days of Ignorance. Islam says: if you must take a life for a life, at least there should be some measure of equality in it; the killing of the slave of a tribe should not involve a blood feud where many free men would be killed; but the law of mercy, where it can be obtained by consent, with reasonable compensation, would be better.
The jurists have carefully laid down that the law of qisas refers to murder only. Qisas is not applicable to manslaughter, due to a mistake or an accident. There, there would be no capital punishment.
The brother: the term is perfectly general; all men are brothers in Islam. In this, and in all questions of inheritance, females have similar rights to males, and therefore the masculine gender imports both sexes. Here we are considering the rights of the heirs in the light of the larger brotherhood. In ii. 178-79 we have the rights of the heirs to life (as it were): in ii. 180-82 we proceed to the heirs to property.
The demand should be such as can be met by the party concerned, i.e., within his means, and reasonable according to justice and good conscience. For example, a demand could not be made affecting the honour of a woman or a man. The whole penalty can be remitted if the aggrieved party agrees, out of brotherly love. In meeting that demand the culprit or his friends should equally be generous and recognise the good-will of the other side. There should be no subterfuges, no bribes, no unseemly by-play: otherwise the whole intention of mercy and peace is lost.
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I.e., "there is a safeguard for you, as a community, so that you might be able to live in security, as God wants you to live". Thus, the objective of qisas is the protection of the society, and not "revenge".
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The word khayr occurring in this sentence denotes "much wealth" and not simply "property": and this explains the injunction that one who leaves much wealth behind should make bequests to particularly deserving members of his family in addition to - and preceding the distribution of - the legally-fixed shares mentioned in {4:11-12}. This interpretation of khayr is supported by sayings of 'A'ishah and 'Ali ibn Abi Talib, both of them referring to this particular verse (cf. Zamakhshari and Baydawi).
This ruling should be understood in light of the inheritance laws in 4:11-12, which give specific shares to parents and close relatives. Relatives who do not have a share may get a bequest up to one third of the estate.
There are rules of course for the disposal of intestate property. But it is a good thing that a dying man or woman should, of his own free-will, think of his parents and his next of kin, not in a spirit of injustice to other, but in a spirit of love and reverence for those who have cherished him. He must, however, do it "according to reasonable usage": the limitations will be seen further on.
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