The Punishment of those Who Cause Mischief in the Land |
Allah said next, ﴿إِنَّمَا جَزَآءُ الَّذِينَ يُحَارِبُونَ اللَّهَ وَرَسُولَهُ وَيَسْعَوْنَ فِى الاٌّرْضِ فَسَاداً أَن يُقَتَّلُواْ أَوْ يُصَلَّبُواْ أَوْ تُقَطَّعَ أَيْدِيهِمْ وَأَرْجُلُهُم مِّنْ خِلَـفٍ أَوْ يُنفَوْاْ مِنَ الاٌّرْضِ﴾ (The recompense of those who wage war against Allah and His Messenger and do mischief in the land is only that they shall be killed or crucified or their hands and their feet be cut off on the opposite sides, or be exiled from the land.) `Wage war' mentioned here means, oppose and contradict, and it includes disbelief, blocking roads and spreading fear in the fairways. Mischief in the land refers to various types of evil. Ibn Jarir recorded that `Ikrimah and Al-Hasan Al-Basri said that the Ayat, ﴿إِنَّمَا جَزَآءُ الَّذِينَ يُحَارِبُونَ اللَّهَ وَرَسُولَهُ﴾ (The recompense of those who wage war against Allah and His Messenger) until, ﴿إِنَّ اللَّهَ غَفُورٌ رَّحِيمٌ﴾ (Allah is Of-Forgiving, Most Merciful,) "Were revealed about the idolators. Therefore, the Ayah decrees that, whoever among them repents before you apprehend them, then you have no right to punish them. This Ayah does not save a Muslim from punishment if he kills, causes mischief in the land or wages war against Allah and His Messenger and then joins rank with the disbelievers, before the Muslims are able to catch him. He will still be liable for punishment for the crimes he committed.'' Abu Dawud and An-Nasa'i recorded that `Ikrimah said that Ibn `Abbas said that the Ayah, ﴿إِنَّمَا جَزَآءُ الَّذِينَ يُحَارِبُونَ اللَّهَ وَرَسُولَهُ وَيَسْعَوْنَ فِى الاٌّرْضِ فَسَاداً﴾ (The recompense of those who wage war against Allah and His Messenger and do mischief in the land...) "Was revealed concerning the idolators, those among them who repent before being apprehended, they will still be liable for punishment for the crimes they committed.'' The correct opinion is that this Ayah is general in meaning and includes the idolators and all others who commit the types of crimes the Ayah mentioned. Al-Bukhari and Muslim recorded that Abu Qilabah `Abdullah bin Zayd Al-Jarmi, said that Anas bin Malik said, "Eight people of the `Ukl tribe came to the Messenger of Allah and gave him their pledge to follow Islam. Al-Madinah's climate did not suit them and they became sick and complained to Allah's Messenger . So he said, «أَلَا تَخْرُجُونَ مَعَ رَاعِينَا فِي إِبِلِهِ، فَتُصِيبُوا مِنْ أَبْوَالِهَا وَأَلْبَانِهَا» (Go with our shephard to be treated by the milk and urine of his camels.) So they went as directed, and after they drank from the camels' milk and urine, they became healthy, and they killed the shepherd and drove away all the camels. The news reached the Prophet and he sent (men) in their pursuit and they were captured. He then ordered that their hands and feet be cut off (and it was done), and their eyes were branded with heated pieces of iron. Next, they were put in the sun until they died.'' This is the wording of Muslim. In another narration for this Hadith, it was mentioned that these people were from the tribes of `Ukl or `Uraynah. Another narration reported that these people were put in the Harrah area (of Al-Madinah), and when they asked for water, no water was given to them. Allah said, ﴿أَن يُقَتَّلُواْ أَوْ يُصَلَّبُواْ أَوْ تُقَطَّعَ أَيْدِيهِمْ وَأَرْجُلُهُم مِّنْ خِلَـفٍ أَوْ يُنفَوْاْ مِنَ الاٌّرْضِ﴾ (they shall be killed or crucified or their hands and their feet be cut off on the opposite sides, or be exiled from the land.) `Ali bin Abi Talhah said that Ibn `Abbas said about this Ayah, `He who takes up arms in Muslim land and spreads fear in the fairways and is captured, the Muslim Leader has the choice to either have him killed, crucified or cut off his hands and feet.'' Similar was said by Sa`id bin Al-Musayyib, Mujahid, `Ata', Al-Hasan Al-Basri, Ibrahim An-Nakha`i and Ad-Dahhak, as Abu Ja`far Ibn Jarir recorded. This view is supported by the fact that the word Aw (or), indicates a choice. As Allah said, ﴿فَجَزَآءٌ مِّثْلُ مَا قَتَلَ مِنَ النَّعَمِ يَحْكُمُ بِهِ ذَوَا عَدْلٍ مِّنْكُمْ هَدْياً بَـلِغَ الْكَعْبَةِ أَوْ كَفَّارَةٌ طَعَامُ مَسَـكِينَ أَو عَدْلُ ذلِكَ صِيَاماً﴾ (The penalty is an offering, brought to the Ka`bah, of an eatable animal equivalent to the one he killed, as adjudged by two just men among you; or, for expiation, he should feed the poor, or its equivalent in fasting.)﴿5:95﴾ Allah said, ﴿فَمَن كَانَ مِنكُم مَّرِيضًا أَوْ بِهِ أَذًى مِّن رَّأْسِهِ فَفِدْيَةٌ مِّن صِيَامٍ أَوْ صَدَقَةٍ أَوْ نُسُكٍ﴾ (And whosoever of you is ill or has an ailment in his scalp (necessitating shaving), he must pay a ransom of either fasting or giving charity or offering a sacrifice.) and, ﴿فَكَفَّارَتُهُ إِطْعَامُ عَشَرَةِ مَسَـكِينَ مِنْ أَوْسَطِ مَا تُطْعِمُونَ أَهْلِيكُمْ أَوْ كِسْوَتُهُمْ أَوْ تَحْرِيرُ رَقَبَةٍ﴾ (...for its expiation feed ten of the poor, on a scale of the average of that with which you feed your own families, or clothe them, or free a slave.) All of these Ayat offer a choice, just as the Ayah above. As for Allah's statement, ﴿أَوْ يُنفَوْاْ مِنَ الاٌّرْضِ﴾ (or be exiled from the land.) some said that it means, he is actively pursued until he is captured, and thus receives his prescribed punishment, or otherwise he escapes from the land of Islam, as Ibn Jarir recorded from Ibn `Abbas, Anas bin Malik, Sa`id bin Jubayr, Ad-Dahhak, Ar-Rabi` bin Anas, Az-Zuhri, Al-Layth bin Sa`d and Malik bin Anas. Some said that the Ayah means these people are expelled to another land, or to another state by the Muslims authorities. Sa`id bin Jubayr, Abu Ash-Sha`tha', Al-Hasan, Az-Zuhri, Ad-Dahhak and Muqatil bin Hayyan said that he is expelled, but not outside of the land of Islam, while others said that he is to be imprisoned. Allah's statement, ﴿ذَلِكَ لَهُمْ خِزْىٌ فِى الدُّنْيَا وَلَهُمْ فِى الاٌّخِرَةِ عَذَابٌ عَظِيمٌ﴾ (That is their disgrace in this world, and a great torment is theirs in the Hereafter.) means, the punishment We prescribed, killing these aggressors, crucifying them, cutting off their hands and feet on opposite sides, or expelling them from the land is a disgrace for them among mankind in this life, along with the tremendous torment Allah has prepared for them in the Hereafter. This view supports the opinion that these Ayat were revealed about the idolators. As for Muslims, in his Sahih, Muslim recorded that `Ubadah bin As-Samit said, "The Messenger of Allah took the same pledge from us that he also took from women: That we do not associate anything with Allah in worship, we do not steal, commit adultery, or kill our children, and that we do not spread falsehood about each other. He said that he who keeps this pledge, then his reward will be with Allah. He who falls into shortcomings and was punished, then this will be his expiation. And those whose errors were covered by Allah, then their matter is for Allah: If He wills, He will punish them and If He wills, He will pardon them.'' `Ali narrated that the Messenger of Allah said, «مَنْ أَذْنَبَ ذَنْبًا فِي الدُّنْيَا فَعُوقِبَ بِهِ، فَاللهُ أَعْدَلُ مِنْ أَنْ يُثَنِّيَ عُقُوبَتَهُ عَلى عَبْدِهِ، وَمَنْ أَذْنَبَ ذَنْبًا فِي الدُّنْيَا فَسَتَرهُ اللهُ عَلَيْهِ وَعَفَا عَنْهُ، فَاللهُ أَكْرَمُ مِنْ أَنْ يَعُودَ عَلَيْهِ فِي شَيْءٍ قَدْ عَفَا عَنْه» (He who sins in this life and was punished for it, then Allah is far more just than to combine two punishments on His servant. He who commits an error in this life and Allah hides this error and pardons him, then Allah is far more generous than to punish the servant for something that He has already pardoned.) iRecorded by Ahmad, Ibn Majah and At-Tirmidhi who said, "Hasan Gharib.''Al-Hafiz Ad-Daraqutni was asked about this Hadith, and he said that it was related to the Prophet in some narrations, and it was related to the Companions in others, and that this narration from the Prophet is Sahih. Ibn Jarir commented on Allah's statement, ﴿ذَلِكَ لَهُمْ خِزْىٌ فِى الدُّنْيَا﴾ (That is their disgrace in this world,) "Meaning, shame, humiliation, punishment, contempt and torment in this life, before the Hereafter, ﴿وَلَهُمْ فِى الاٌّخِرَةِ عَذَابٌ عَظِيمٌ﴾ (and a great torment is theirs in the Hereafter.) if they do not repent from these errors until death overcomes them. In this case, they will be stricken by the punishment that We prescribed for them in this life and the torment that We prepared for them therein, ﴿عَذَابٌ عظِيمٌ﴾ (a great torment) in the Fire of Jahannam.''
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