Tafsir of Surah Al-Ma'idah - Verse 41

Do Not Feel Sad Because of the Behavior of the Jews and Hypocrites

These honorable Ayat were revealed about those who rush into disbelief, deviating from the obedience of Allah, His Messenger, prefering their opinions and lusts to what Allah has legislated,

مِنَ الَّذِينَ قَالُواْ ءَامَنَّا بِأَفْوَهِهِمْ وَلَمْ تُؤْمِن قُلُوبُهُمْ

(of such who say, "We believe" with their mouths but their hearts have no faith.) These people pretend to be faithful with their words, but their hearts are empty from faith, and they are the hypocrites.

مِّنَ الَّذِينَ هَادُواْ

(And of the Jews...) the enemies of Islam and its people, they and the hypocrites all,

سَمَّـعُونَ لِلْكَذِبِ

(listen much and eagerly to lies...) and they accept and react to it positively,

سَمَّـعُونَ لِقَوْمٍ ءَاخَرِينَ لَمْ يَأْتُوكَ

(listening to others who have not come to you,) meaning, they listen to some people who do not attend your meetings, O Muhammad. Or, the Ayah might mean, they listen to what you say and convey it to your enemies who do not attend your audience.

The Jews Alter and Change the Law, Such As Stoning the Adulterer

يُحَرِّفُونَ الْكَلِمَ مِن بَعْدِ مَوَضِعِهِ

(They change the words from their places:) by altering their meanings and knowingly distorting them after they comprehended them,

يَقُولُونَ إِنْ أُوتِيتُمْ هَـذَا فَخُذُوهُ وَإِن لَّمْ تُؤْتَوْهُ فَاحْذَرُواْ

(they say, "If you are given this, take it, but if you are not given this, then beware!") It was reported that this part of the Ayah was revealed about some Jews who committed murder and who said to each other, "Let us ask Muhammad ﷺ to judge between us, and if he decides that we pay the Diyah, accept his judgement. If he decides on capital punishment, do not accept his judgement." The correct opinion is that this Ayah was revealed about the two Jews who committed adultery. The Jews changed the law they had in their Book from Allah on the matter of punishment for adultery, from stoning to death, to a hundred flogs and making the offenders ride a donkey facing the back of the donkey. When this incident of adultery occurred after the Hijrah, they said to each other, "Let us go to Muhammad ﷺ and seek his judgement. If he gives a ruling of flogging, then implement his decision and make it a proof for you with Allah. This way, one of Allah's Prophets will have upheld this ruling amongst you. But if he decides that the punishment should be stoning to death, then do not accept his decision." There are several Hadiths mentioning this story. Malik reported that Nafi` said that `Abdullah bin `Umar said, "The Jews came to Allah's Messenger ﷺ and mentioned that a man and a woman from them committed adultery. Allah's Messenger ﷺ said to them,

«مَا تَجِدُونَ فِي التَّوْرَاةِ فِي شَأْنِ الرَّجْمِ؟»

(What do find of the ruling about stoning in the Tawrah) They said, `We only find that they should be exposed and flogged.' `Abdullah bin Salam said, `You lie. The Tawrah mentions stoning, so bring the Tawrah.' They brought the Tawrah and opened it but one of them hid the verse about stoning with his hand and recited what is before and after that verse. `Abdullah bin Salam said to him, `Remove your hand,' and he removed it, thus uncovering the verse about stoning. So they said, He (`Abdullah bin Salam) has said the truth, O Muhammad! It is the verse about stoning.' The Messenger of Allah ﷺ decided that the adulterers be stoned to death and his command was carried out. I saw that man shading the woman from the stones with his body." Al-Bukhari and Muslim also collected this Hadith and this is the wording collected by Al-Bukhari. In another narration by Al-Bukhari, the Prophet said to the Jews,

«مَا تَصْنَعُون بِهِمَا؟»

(What would you do in this case) They said, "We would humiliate and expose them." The Prophet recited,

قُلْ فَأْتُواْ بِالتَّوْرَاةِ فَاتْلُوهَا إِن كُنتُمْ

(Bring here the Tawrah and recite it, if you are truthful.) So they brought a man who was blind in one eye and who was respected among them and said to him, "Read (from the Tawrah)." So he read until he reached a certain verse and then covered it with his hand. He was told, "Remove your hand," and it was the verse about stoning. So that man said, "O Muhammad! This is the verse about stoning, and we had hid its knowledge among us." So the Messenger ﷺ ordered that the two adulterers be stoned, and they were stoned. Muslim recorded that a Jewish man and a Jewish woman were brought before Allah's Messenger ﷺ because they committed adultery. The Messenger of Allah ﷺ went to the Jews and asked them,

«مَا تَجِدُونَ فِي التَّوْرَاةِ عَلى مَنْ زَنَى؟»

(What is the ruling that you find in the Tawrah for adultery) hThey said, "We expose them, carry them (on donkeys) backwards and parade them in public." The Prophet recited;

قُلْ فَأْتُواْ بِالتَّوْرَاةِ فَاتْلُوهَا إِن كُنتُمْ

(Bring here the Tawrah and recite it, if you are truthful.) So they brought the Tawrah and read from it until the reader reached the verse about stoning. Then he placed his hand on that verse and read what was before and after it. `Abdullah bin Salam, who was with the Messenger of Allah ﷺ, said, "Order him to remove his hand," and he removed his hand and under it was the verse about stoning. So the Messenger of Allah ﷺ commanded that the adulterers be stoned, and they were stoned. `Abdullah bin `Umar said, "I was among those who stoned them and I saw the man shading the woman from the stones with his body." Abu Dawud recorded that Ibn `Umar said, "Some Jews came to the Messenger of Allah ﷺ and invited him to go to the Quff area. So he went to the house of Al-Midras and they said, `O Abu Al-Qasim! A man from us committed adultery with a woman, so decide on their matter.' They arranged a pillow for the Messenger of Allah ﷺ and he sat on it and said,

«ائْتُونِي بِالتَّوْرَاة»

(Bring the Tawrah to me.) He was brought the Tawrah and he removed the pillow from under him and placed the Tawrah on it, saying,

«آمَنْتُ بِكِ وَبِمَنْ أَنْزَلَك»

(I trust you and He Who revealed it to you.) He then said,

«ائْتُونِي بِأَعْلَمِكُم»

(Bring me your most knowledgeable person.) So he was brought a young man... " and then he mentioned the rest of the story that Malik narrated from Nafi`. These Hadiths state that the Messenger of Allah ﷺ issued a decision that conforms with the ruling in the Tawrah, not to honor the Jews in what they believe in, for the Jews were commanded to follow the Law of Muhammad ﷺ only. Rather, the Prophet did this because Allah commanded him to do so. He asked them about the ruling of stoning in the Tawrah to make them admit to what the Tawrah contains and what they collaborated to hide, deny and exclude from implementing for all that time. They had to admit to what they did, although they did it while having knowledge of the correct ruling. What made them go to the Prophet for judgement in this matter was their lusts and desires, hoping that the Prophet would agree with their opinion, not that they believed in the correctness of his judgment. This is why they said,

إِنْ أُوتِيتُمْ هَـذَا

(If you are given this,) referring to flogging, then take it,

وَإِن لَّمْ تُؤْتَوْهُ فَاحْذَرُواْ

(but if you are not given this, then beware!) and do not accept or implement it. Allah said next,

وَمَن يُرِدِ اللَّهُ فِتْنَتَهُ فَلَن تَمْلِكَ لَهُ مِنَ اللَّهِ شَيْئاً أُوْلَـئِكَ الَّذِينَ لَمْ يُرِدِ اللَّهُ أَن يُطَهِّرَ قُلُوبَهُمْ لَهُمْ فِى الدُّنْيَا خِزْىٌ وَلَهُمْ فِى الاٌّخِرَةِ عَذَابٌ عَظِيمٌسَمَّـعُونَ لِلْكَذِبِ أَكَّـلُونَ لِلسُّحْتِ

(And whomsoever Allah wants to put in Fitnah, you can do nothing for him against Allah. Those are the ones whose hearts Allah does not want to purify; for them there is a disgrace in this world, and in the Hereafter a great torment. They (like to) listen to falsehood, to devour Suht) `Suht' refers to bribes, as Ibn Mas`ud and others stated. The Ayah states that if one is like this, how can Allah cleanse his heart and accept his supplication Allah said to His Prophet ,

فَإِن جَآءُوكَ

(So if they come to you...) so that you judge between them,

فَاحْكُمْ بَيْنَهُمْ أَوْ أَعْرِضْ عَنْهُمْ وَإِن تُعْرِضْ عَنْهُمْ فَلَن يَضُرُّوكَ شَيْئاً

(either judge between them, or turn away from them. If you turn away from them, they cannot hurt you in the least.) meaning, there is no harm if you do not judge between them. This is because when they came to you to judge between them, they did not seek to follow the truth, but only what conformed to their lusts. We should mention here that Ibn `Abbas, Mujahid, `Ikrimah, Al-Hasan, Qatadah, As-Suddi, Zayd bin Aslam, `Ata' Al-Khurasani, and several others said that this part of the Ayah was abrogated by Allah's statement,

وَأَنِ احْكُم بَيْنَهُمْ بِمَآ أَنزَلَ اللَّهُ

(And so judge among them by what Allah has revealed.)

وَإِنْ حَكَمْتَ فَاحْكُم بَيْنَهُم بِالْقِسْطِ

(And if you judge, judge with justice between them.) and with fairness, even if the Jews were unjust and outcasts from the path of fairness,

إِنَّ اللَّهَ يُحِبُّ الْمُقْسِطِينَ

(Verily, Allah loves those who act justly.)

Chastising the Jews for Their Evil Lusts and Desires, While Praising the Tawrah

Allah then chastises the Jews for their false ideas and deviant desires to abandon what they believe is true in their Book, and which they claim is their eternal Law that they are always commanded to adhere to. Yet, they do not adhere to the Tawrah, but they prefer other laws over it, although they believe that these other laws are not correct and do not apply to them. Allah said,

وَكَيْفَ يُحَكِّمُونَكَ وَعِندَهُمُ التَّوْرَاةُ فِيهَا حُكْمُ اللَّهِ ثُمَّ يَتَوَلَّوْنَ مِن بَعْدِ ذلِكَ وَمَآ أُوْلَـئِكَ بِالْمُؤْمِنِينَ

(But how do they come to you for decision while they have the Tawrah, in which is the decision of Allah; yet even after that they turn away. For they are not believers.) Allah next praises the Tawrah that He sent down to His servant and Messenger Musa, son of `Imran,

إِنَّآ أَنزَلْنَا التَّوْرَاةَ فِيهَا هُدًى وَنُورٌ يَحْكُمُ بِهَا النَّبِيُّونَ الَّذِينَ أَسْلَمُواْ لِلَّذِينَ هَادُواْ

(Verily, We did send down the Tawrah to Musa, therein was guidance and light, by which the Prophets who submitted themselves to Allah's will, judged the Jews.) and these Prophets did not deviate from the law of the Tawrah, change or alter it,

وَالرَّبَّانِيُّونَ وَالاٌّحْبَارُ

(And (also) the Rabbaniyyun and the Ahbar...) wherein Rabbaniyyun refers to the worshippers who are learned and religious, and Ahbar refers to the scholars,

بِمَا اسْتُحْفِظُواْ مِن كِتَـبِ اللَّهِ

(for to them was entrusted the protection of Allah's Book,) meaning, they were entrusted with the Book of Allah, and they were commanded to adhere to it and not hide any part of,

وَكَانُواْ عَلَيْهِ شُهَدَآءَ فَلاَ تَخْشَوُاْ النَّاسَ وَاخْشَوْنِ وَلاَ تَشْتَرُواْ بِـَايَـتِى ثَمَناً قَلِيلاً وَمَن لَّمْ يَحْكُم بِمَآ أَنزَلَ اللَّهُ فَأُوْلَـئِكَ هُمُ الْكَـفِرُونَ

(and they were witnesses thereto. Therefore fear not men but fear Me and sell not My verses for a miserable price. And whosoever does not judge by what Allah has revealed, such are the disbelievers.) There are two ways to explain this Ayah and we will mention the later.

Another Reason Behind Revealing these Honorable Ayat

Imam Ahmad recorded that Ibn `Abbas said, "Allah sent down the Ayat,

وَمَن لَّمْ يَحْكُم بِمَآ أَنزَلَ اللَّهُ فَأُوْلَـئِكَ هُمُ الْكَـفِرُونَ

(And whosoever does not judge by what Allah has revealed, such are the disbelievers,)

فَأُوْلَـئِكَ هُمُ الظَّـلِمُونَ

(Such are the unjust,) and,

فَأُوْلَـئِكَ هُمُ الْفَـسِقُونَ

(Such are the rebellious.) about two groups among the Jews. During the time of Jahiliyyah, one of them had defeated the other. As a result, they made a treaty that they would pay blood money totaling fifty Wasaq of gold (each Wasaq approx. 3 kg) for every dead person from the defeated group killed by the victors, and a hundred Wasaq for every dead person the defeated group killed from the victors. This treaty remained in effect until the Prophet came to Al-Madinah and both of these groups became subservient under the Prophet . Yet, when the mighty group once suffered a casualty at the hands of the weaker group, the mighty group sent a delegation demanding the hundred Wasaq. The weaker group said, `How can two groups who have the same religion, one ancestral lineage and a common land, have a Diyah that for some of them is half of that of the others We only agreed to this because you oppressed us and because we feared you. Now that Muhammad ﷺ has come, we will not give you what you asked.' So war was almost rekindled between them, but they agreed to seek Muhammad's ﷺ judgement in their dispute. The mighty group among them said among themselves, `By Allah! Muhammad ﷺ will never give you double the Diyah that you pay to them compared to what they pay to you. They have said the truth anyway, for they only gave us this amount because we oppressed and overpowered them. Therefore, send someone to Muhammad ﷺ who will sense what his judgement will be. If he agrees to give you what you demand, accept his judgment, and if he does not give you what you seek, do not refer to him for judgement.' So they sent some hypocrites to the Messenger of Allah ﷺ to try and find out the Messenger's ﷺ judgement. When they came to the Messenger , Allah informed him of their matter and of their plot. Allah sent down,

يأَيُّهَا الرَّسُولُ لاَ يَحْزُنكَ الَّذِينَ يُسَارِعُونَ فِى الْكُفْرِ

(O Messenger! Let not those who hurry to fall into disbelief grieve you,) until,

الْفَـسِقُونَ

(Such are the rebellious.) By Allah! It is because of their problem that Allah sent down these verses and it is they whom Allah meant." Abu Dawud collected a similar narration for this Hadith. Abu Ja`far Ibn Jarir recorded that Ibn `Abbas said that the Ayah in Surat Al-Ma'idah,

فَاحْكُمْ بَيْنَهُمْ أَوْ أَعْرِضْ عَنْهُمْ

(either judge between them, or turn away from them...) until,

الْمُقْسِطِينَ

(Those who act justly.) was revealed concerning the problem of blood money between Bani An-Nadir and Bani Qurayzah. The dead of Bani An-Nadir were being honored more and they received the full amount of Diyah, while Qurayzah received half the Diyah for their dead. So they referred to the Messenger of Allah ﷺ for judgement and Allah sent down these verses about them. The Messenger of Allah ﷺ compelled them to adhere to the true judgement in this matter and made the Diyah the same for both groups and Allah knows best about that matter." Ahmad, Abu Dawud and An-Nasa'i also recorded this Hadith from Abu Ishaq. Al-`Awfi and `Ali bin Abi Talhah reported that Ibn `Abbas said that these Ayat were revealed about the two Jews who committed adultery, and we mentioned the Hadiths about this story before. It appears that both of these were the reasons behind revealing these Ayat, and Allah knows best. This is why Allah said afterwards,

وَكَتَبْنَا عَلَيْهِمْ فِيهَآ أَنَّ النَّفْسَ بِالنَّفْسِ وَالْعَيْنَ بِالْعَيْنِ

(And We ordained therein for them: Life for life, eye for eye) until the end of the Ayah, which strengthens the opinion that the story of the Diyah was behind revealing the Ayat as we explained above. Allah knows best. Allah said,

وَمَن لَّمْ يَحْكُم بِمَآ أَنزَلَ اللَّهُ فَأُوْلَـئِكَ هُمُ الْكَـفِرُونَ

(And whosoever does not judge by what Allah has revealed, such are the disbelievers.) Al-Bara' bin `Azib, Hudhayfah bin Al-Yaman, Ibn `Abbas, Abu Mijlaz, Abu Raja' Al-`Utaridi, `Ikrimah, `Ubaydullah bin `Abdullah, Al-Hasan Al-Basri and others said that this Ayah was revealed about the People of the Book. Al-Hasan Al-Basri added that this Ayah also applies to us. `Abdur-Razzaq said that Ath-Thawri said that Mansur said that Ibrahim said that these Ayat, "Were revealed about the Children of Israel, and Allah accepted them for this Ummah." Ibn Jarir recorded this statement. `Ali bin Abi Talhah also stated that Ibn `Abbas commented on Allah's statement,

وَمَن لَّمْ يَحْكُم بِمَآ أَنزَلَ اللَّهُ فَأُوْلَـئِكَ هُمُ الْكَـفِرُونَ

(And whosoever does not judge by what Allah has revealed, such are the disbelievers,) "Whoever rejects what Allah has revealed, will have committed Kufr, and whoever accepts what Allah has revealed, but did not rule by it, is a Zalim (unjust) and a Fasiq (rebellious) and a sinner." Ibn Jarir recorded this statement. `Abdur-Razzaq said, "Ma`mar narrated to us that Tawus said that Ibn `Abbas was asked about Allah's statement,

وَمَن لَّمْ يَحْكُم

(And whosoever does not judge...) He said, `It is an act of Kufr.' Ibn Tawus added, `It is not like those who disbelieve in Allah, His angels, His Books and His Messengers.' Ath-Thawri narrated that Ibn Jurayj said that `Ata' said, `There is Kufr and Kufr less than Kufr, Zulm and Zulm less than Zulm, Fisq and Fisq less than Fisq."' Waki` said that Sa`id Al-Makki said that Tawus said that,

وَمَن لَّمْ يَحْكُم بِمَآ أَنزَلَ اللَّهُ فَأُوْلَـئِكَ هُمُ الْكَـفِرُونَ

(And whosoever does not judge by what Allah has revealed, such are the disbelievers,) "This is not the Kufr that annuls one's religion."

Sequence of the Verses

Continued from the third Section of Surah al-Ma'idah was the subject around the People of the Book. In between, some other subjects, though very few, appeared where particularly appropriate. Now, the text resumes that subject again which goes on further ahead. The People of the Book already had two groups among them. Joining them was a third group. They were really Jews who had become Muslims hypocritically. They would show their Muslim face before Muslims but when they sat with their coreligionist Jews, they mocked Islam and Muslims. The three verses appearing above concern the doings of these three groups which show that they prefer their desires and opinions over the injunctions and instructions of Almighty Allah and keep trying to interpret and mould them to their own choices. These verses tell us about the disgrace and evil end of such people in this world as well as in the Hereafter. As a corollary, there appear some guiding principles and injunctions for Muslims.

The Background of the Revelation

Two events which are the cause of the revelation of the cited verses relate to Jewish tribes who lived in the vicinity of Madinah during the blessed period of the Holy Prophet ﷺ . One of these events was that of Qatl and Qisas (killing and retaliation) and the other, that of Zina (fornication) and its punishment.

It is not hidden from anyone who knows history (as it is) that tyranny prevailed all over before the advent of Islam. Mastery was for the powerful and slavery, for the weak. The powerful and the influential had their laws different from the weak and the meek. Not too far is an extension of that approach in our own time where some of our so-called civilized countries had separate laws for the black and the white. But, across this bridge of history, came the blessed benefactor of humanity, the Arab Prophet, may the blessings of Allah be upon him, and peace, who alone erased these distinctions. It was he who first declared equality of rights for the progeny of Adam and taught human beings their essential lesson in humanity.

Before the coming of the Holy Prophet ﷺ to Madinah, there lived on the outskirts of Madinah two tribes of Jews, Banu Qurayzah and Banu Nadir. Out of the two, Banu Nadir were more powerful and wealthy than Banu Qurayzah who constantly suffered at their hands and could do nothing about it. Matters reached to the point when Banu Nadir forced Banu Qurayzah to agree to a disgraceful pact whereby if a man from Banu Nadir were to kill a man from Banu Qurayzah, they would not have the right to take his life in Qisas (retaliation). Instead, stipulated the pact, they will receive only seventy Wasaq of dates as his blood money (Wasaq, Arab measure of weight approximately equivalent to 195.30 kg). As for the case being the re-verse of it, if a man from Banu Qurayzah were to kill a man from Banu Nadir, the law will be that the killer will be killed and, on top of it, blood money will be taken, and that too, twice as much as compared to what Banu Nadir were entitled to, that is, one hundred and forty Wasaq of dates. Attached along with these were more conditions such as, if a woman from Banu Nadir were to be killed, a man from Banu Qurayzah will be killed in retaliation; and if the person killed were to be a man, two men from Banu Qurayzah will be killed in retaliation; and if a slave from Banu Nadir has been killed, a free man from Banu Qurayzah will be killed in retaliation; and if one hand of a man from Banu Nadir has been cut by someone, two hands of a man from Banu Qurayzah will be cut; if one ear has been cut, two ears of their man will be cut. This was ` law' before Islam as it prevailed between these two tribes and Banu Qurayzah being weak had no choice but to go along with it.

When the Holy Prophet ﷺ migrated to Madinah, it became Dar al-Islam, a homeland of Muslims. These two tribes had not embraced Islam upto that time nor were they bound to follow Islamic law under any treaty obligation. But, they were observing the justice and common good brought in by Islamic law from a distance. During this period, it so happened that a man from Banu Qurayzah killed a certain man from Banu Nadir. According to the pact mentioned above, Banu Nadir demanded the doubled blood money (Diyat) from Banu Qurayzah. As said earlier, Banu Qurayzah were neither a part of the Muslim community nor did they have any existing pact with the Holy Prophet ﷺ . But, they were Jews who had among them many learned people as well. They knew on the strength of the prophecies of the Torah that the Holy Prophet ﷺ is the promised Last Prophet the glad tiding of which was given by the Torah. But, they had not declared their faith in him because of religious prejudice or temporal greed. Since they were watching that the Last Prophet's religion is a standard bearer of human equality and justice, they used it as a crutch to get rid of the tyranny of Banu Nadir. They refused to pay the doubled blood money on the plea that they belonged to the same family, same country, and same religion, that is, Judaism, and that they were not going to tolerate the unjust treatment meted out to them because of their weakness against tyranny right upto that day.

This reply enraged Banu Nadir to the point of an imminent war. But, later, on the advice of some elders, it was decided that this matter should be taken to the Holy Prophet ﷺ for his decision.

Banu Qurayzah could not have it any better. They already knew that the Holy Prophet ﷺ was not going to allow the injustice of Banu Nadir to continue. As for Banu Nadir, though they did agree to mutual conciliation talks under a situation of duress, but they also backed it up with a conspiracy when they sent a group of people to the Holy Prophet ﷺ before their case was to be presented in his court. These people were really their co-religionists, that is, they were Jews but kept in touch with the Holy Prophet ﷺ by hypocritically assuring him of their Islam. Their objective was to somehow find out the view of the Holy Prophet ﷺ before he hears and decides the case. So, the mandate and instruction given to these people was that they should accept what he said subject to the condition that it was in favour of their demand, and in the eventuality that his judgment turned out to be contrary to this, they were told not to make any commitments about its acceptance.

This event describing the cause of the revelation of these verses has been reported in detail by al-Baghawi while the Musnad of Ahmad and Abu Dawud have reported its summary from Sayyidna ` Abdullah ibn ` Abbas ؓ (Mazhari).

Similar to this, there is another event, that of Zina (fornication). Reporting its details, al-Baghawi says that it took place among the Jews of Khaybar. According to the punishment prescribed by the Torah, the couple involved had to be stoned to death. But, both of them belonged to some influential family. The Jews, acting in accordance with their old habit, looked for a softening of the punishment for them knowing that the religion of Islam gives leaves and concessions liberally. Based on this, they assumed that Islam would reduce this punishment as well. So, the people of Khaybar sent a message to their clansmen of Banu Qurayzah asking them to have this case settled by Muhammad and along with it, they sent the two accused as well. Their motivation behind this action was no different as they too in-structed their clansmen to accept the verdict of the Holy Prophet ﷺ if the punishment awarded by him turned out to be light, but they were to reject it if the case was otherwise. At first, Banu Qurayzah were reluctant about the proposal. They did not know how the case will be decided by him and once they were there, they would have to accept the verdict. But, after further consultations, they decided that some of their chiefs should take the accused couple to the Holy Prophet ﷺ and request him to decide the case.

So, a deputation of Ka'b ibn Ashraf and others accompanied by the accused couple came to the Holy Prophet ﷺ . They asked: ` If a married man and a married woman are involved in adultery, what punishment do they get?' He said, ` Will you accept my verdict?' They said that they would. At that moment, Sayyidna Jibra'il appeared with a command from Almighty Allah which announced that their punishment was stoning to death. When these people heard this verdict, they were taken aback. They refused to accept it.

Sayyidna Jibra'il (علیہ السلام) advised the Holy Prophet ﷺٍ that he should ask these people to appoint Ibn Surya as the arbitrator before deciding whether to accept or not to accept the verdict. Then, he told him about Ibn Surya and his identity. He asked the members of the deputation if they knew the young man who is white but blind in one eye. He lived in Fidak and His name was Ibn Surya. Everyone confirmed that they did. He asked, ` What do you think about him?' They said, ` Of the learned people among Jews, there is no scholar greater than him on this earth.' He said, ` Call him in.'

So, he came. The Holy Prophet ﷺ asked him on oath, ` What is the injunction of the Torah in this case? He said, ` By the Being in whose name you have put me on oath, if you had not put me on oath in that manner, and I did not have the apprehension that a false statement on my part would make the Torah burn me, then, I would have not revealed the reality. The reality is that the Torah too, like the injunction in Islam, does carry the command that both of them should be killed by stoning (Rajm).'

The Holy Prophet ﷺ said, ` What has come upon you now that you act against the injunction of the Torah?' Ibn Surya replied, ` The fact of the matter is that, religiously and legally, this is the punishment of adultery with us. But, since a prince of ours got involved in this crime, we showed leniency to him and let him go. We did not stone him to death. Later, the same crime was committed by an ordinary man. People responsible decided to stone him to death. The sup-porters of the criminal protested demanding that the Jewish Legal Punishment decided for this man should be given to the prince first, otherwise, they threatened, they would resist and block the execution of the punishment against him. When things dragged on, they sat together and compromised on just one light punishment for all, leaving the injunction of the Torah aside. So, we came up with a punishment which required some beating and the taking out of a procession with the culprits having their faces blackened with soot (a symbol of disgrace). This, then, became the usual custom with everyone.'

Commentary

We now know the details of the background in which the present three verses (41-43), and others which will follow, were revealed. Their gist is that the Jews were habitually used to issuing religious edicts as desired by the people, either for the benefit of relatives or to satisfy their greed for money, property, influence, and recognition. This had become a common custom particularly in matters involving punishments that they would, if the crime was committed by an influential person, change the severe punishment of the Torah into an ordinary one. It is this behaviour pattern of theirs which has been described in the first verse (41) in the following words: يُحَرِّ‌فُونَ الْكَلِمَ مِن بَعْدِ مَوَاضِعِهِ (They displace the words after their having been placed properly).

When the Holy Prophet ﷺ took up residence in Madinah, these people started noticing changes. The Islamic Rule of Law was working as a unique system. It was simple, open and full of conveniences. Then, it had a reasonable set-up to eradicate crimes through appropriate punishments. Now the people who were used to making the severe punishments of the Torah easy for their clients by changing them saw an opportunity for themselves whereby they could take such shady matters to the Holy Prophet ﷺ and make him their judge or arbitrator. The dual advantage they saw in it was that they would reap the benefits of all easy and light rules of Islamic Law while, at the same time, they would not have to commit the crime of altering the Torah. But, here too, they had their crookedness at work as they would hold on to their decision of taking their case to him until such time that they succeeded in finding out beforehand through some source or ruse as to the actual verdict which would be delivered in their case when presented. Then, if they found this verdict matching their wishes, they would make him their arbitrator and have him decide their case. If it happened to be contrary to their wishes, they would leave it at that. Since the events of this nature had caused pain to the Holy Prophet ﷺ he has been comforted in the opening sentence of the verse that he should not grieve about their behaviour because it would finally turn out to be good for him.

Then, Allah Almighty let him know that these people were not making him a judge in their case sincerely. Their intentions were mischievous. Then, in the later verse (42), he was given the choice to either decide or avoid their case as he wished. He was also assured that they will not be able to harm him in any way, if he wished to avoid them. This is what the verse: فَاحْكُم بَيْنَهُمْ أَوْ أَعْرِ‌ضْ عَنْهُمْ (judge between them or turn away from them) means. Then, in the part of the verse which follows immediately, it was stated that should he elect to decide their case, the guideline given is that the decision has to be just. In other words, it meant that he was to decide the case in accordance with his Shari` ah because, after the coming of the Holy Prophet ﷺ ، all former religious codes and their laws stand abrogated, except those which have been retained in the Holy Qur'an and the Shari'ah of the Last Prophet. It is for this reason that the act of deciding a case on the basis of another law, custom or usage contrary to the Divine Law has been declared to be injustice, sin and disbelief in later verses.

Judicial Process for Non-Muslims in an Islamic State

At this point, it should be borne in mind that these Jews who sent their cases to the court of the Holy Prophet ﷺ did not believe in him or his Shari` ah nor were they Dhimmis (non-Muslim citizens) protected by Muslims. However, they did have a no-war pact with the Holy Prophet ﷺ . This is why he was given the option to either turn away from them, or give a decision in their case according to his Shari` ah because no responsibility for them falls on the Islamic state. If they were Dhimmis (protected non-Muslim citizens of a Muslim State) and approached the Islamic government, the responsible Muslim official would have been duty-bound to give a verdict in their case. Avoiding it would have not been permissible because watching over their rights and removing injustice done to them is the duty of an Islamic government. Therefore, in a verse which will appear a little later (49), it has also been said: وَأَنِ احْكُم بَيْنَهُم بِمَا أَنزَلَ اللَّـهُ وَلَا تَتَّبِعْ أَهْوَاءَهُمْ (And judge between them by what Allah has sent down and do not follow their de-sires ...) In other words, it means: If these people bring their case to you, decide it in accordance with your Shari` ah.

No choice has been given in this verse. Instead, the command is to decide as prescribed. In Ahkam al-Qur'an, Imam Abu Bakr al-Jassas (رح) has accomodated the sense of both these verses by suggesting that the first verse where a choice has been given relates to non-Muslims who are not citizens or Dhimmis of the Islamic state but continue to live where they are under a pact, such as, the position of the tribes of Banu Qurayzah and Banu Nadir. They had nothing to do with the Islamic state except that they were bound by a no-war pact. And the second verse concerns particular non-Muslims for whom Muslims are responsible and who are citizens of the Islamic state and owe allegiance to its legal government.

Worth pondering here is that in both these verses - the first verse which gives a choice and the second which gives a specified command - the instruction given to the Holy Prophet ﷺ is that he should decide cases of these non-Muslims, whenever he does so, in accordance with the injunctions revealed by Almighty Allah, that is, in accordance with his Shari'ah - and not in accordance with the wishes of these non-Muslims or the religion they follow.

To explain, it can be said that this injunction is related to events which have been described under the background of the revelation of these verses. Of these, one concerned the punishment for killing and blood money while the other was that of adultery and its punishment. In such punishments of crimes, the universal practice is to have a common law for the whole country. In this common law, no discrimination is made on the basis of classes or religions, for example, amputating the hand of the thief which would not apply to Muslims alone, but would be the punishment for every citizen of the country. Similarly, the punishments for killing and adultery will also be common to everyone. But, it does not make it necessary that personal and purely religious matters of non-Muslims should also be decided in accordance with the Islamic Shari'ah.

Take an example from the conduct of the Holy Prophet g himself. Though he did declare liquor and swine unlawful for Muslims and prescribed a punishment for it, but he left non-Muslims free of any obligations in this matter. In addition to that, he never interfered in the personal law of non-Muslims pertaining to marriages and similar other matters. In fact, he accepted their marriages as valid.

With the rise of Islam in the Arabian Peninsula, the Magians of Hajar and the Jews and Christians of Najran and Wadi al-Qura became Dhimmis (protected non-Muslim citizens) of the Islamic state. That the Magians believed in marriage with even a mother and sister as lawful was known to the Holy Prophet ﷺ . Similarly, marriage without ` Iddah (waiting period), or witnesses, was valid among Jews and Christians. But, he did not interfere in their personal matters and took their marriages as valid.

In short, it can be said that decisions about personal law and religious matters of non-Muslims who are citizens of a Muslim state shall be left to their own religion and thinking - and should there be the need to arrive at a judicial settlement of their cases, a judge from their own religion will be appointed to decide them.

However, in the event that they turn to a Muslim judge or ruler and show that the concerned parties would agree with the decision given, then, the Muslim judge or ruler will deliver his judgment but in accordance with his Shari` ah - because he is now the legally appointed arbitrator as approved by the parties concerned. In the noble verse وَأَنِ احْكُم بَيْنَهُم بِمَا أَنزَلَ اللَّـهُ (Judge between them by what Allah has sent down and do not follow their desires - 49) appearing a little later, the command to decide in accordance with the Islamic Shari` ah given to the Holy Prophet ﷺ is based either on the matter being that of common law from which no section can be exempted, or rests on the basis that such people have themselves come to the Holy Prophet , have taken him as the arbitrator and wish that he himself should decide their case. Thus, it becomes obvious that his decision should be the one he believes in and which is also the mandate of his Shari’ ah.

Now as we move on to other aspects of verse 41, we see that it be-gins with words of comfort for the Holy Prophet ﷺ after which, he has been informed of the conspiracy hatched by the Jews, the description of which goes right upto its end. It reveals that the deputation coming to him was comprised of hypocrites who were secretly in league with the Jews and it is at their behest that they were going to see him. After that, there is a description of some evil traits of character the visiting group has against which Muslims have been warned. As an adjunct, it has been pointed out that these traits of character are rejectionist in nature, therefore, effort should be made to stay safe from them. Listed below are these four evil traits of character.

Within Madinah there were two kinds of people who opposed the Islamic mission—one the hypocrites and the other the Jews. The hypocrites, feeling that the real Islamic mission was harmful to their interests and purposes, merely put on a show of having adopted Islam. The Jews for their part, occupying as they did the thrones of the representatives of religion, felt that the Islamic mission was pulling them down from their elevated positions. Both these types of people considered the true Islamic mission to be their common enemy. Therefore, they joined hands in running a campaign against Islam. The more prominent of them, considering it beneath their dignity to attend meetings held by the Prophet Muhammad, stayed away from them, but their inferiors were set the task of hearing him and conveying the happenings to their leaders. These people used then to invest them with wrong meanings in order to defame him and his mission. Their arrogance had made them so brazen that they did not hesitate to take God’s message out of its proper context and draw from it inferences which suited their interests. Such are those who do not bow to God and His Prophet, their attitude being to accept only whatever suits their interests. This is the most disturbing trend for a man. Those who give preference to their vested interests and personal considerations over the Truth, who want to see themselves in high positions at any cost, who devise destructive plots to suppress the Truth — to the point of distorting God’s message to justify their action — develop a mentality which blocks their capacity to accept the Truth. They desert God, so God deserts them. Such people, being deprived of God’s guidance, remain enmeshed in falsehood, until they reach the world of the Fire. The servant of God, who has arisen with the message of God’s true religion, should not become discouraged by opposition. The activities of opponents are not actually against the missionary but against God, and can therefore never be successful. What God requires from missionary activity is that people should be made fully aware of the real facts. And this task is certainly fulfilled with God’s assistance.