5. Al-Maaida

Then God sent forth a raven scratching into the earth digging up the soil with its beak and with its legs and throwing it up over a dead raven next to it until it completely hid it to show him how he might hide the nakedness the carcass of his brother. He said ‘Woe to me! Am I not able to be as this raven and so hide my brother’s nakedness?’ And he became one of the remorseful for having carried him; he then dug a hole for him and covered him up.

The following was revealed when the ‘Arniyyūn came to Medina suffering from some illness and the Prophet s gave them permission to go and drink from the camels’ urine and milk. Once they felt well they slew the Prophet’s shepherd and stole the herd of camels Truly the only requital of those who fight against God and His Messenger by fighting against Muslims and hasten about the earth to do corruption there by waylaying is that they shall be slaughtered or crucified or have their hands and feet cut off on opposite sides that is their right hands and left feet or be banished from the land the aw ‘or’ is used to indicate the separate application of each of the cases listed; thus death is for those that have only killed; crucifixion is for those that have killed and stolen property; the cutting off of limbs on opposite sides is for those that have stolen property but have not killed; while banishment is for those that pose a threat — this was stated by Ibn ‘Abbās and is the opinion of al-Shāfi‘ī; the more sound of his al-Shāfi‘ī’s two opinions is that crucifixion should be for three days after the death of the killer or it is also said shortly before he is killed; with banishment are included similar punishments such as imprisonment and the like. That mentioned requital is a degradation a humiliation for them in this world; and in the Hereafter theirs will be a great chastisement namely the chastisement of the Fire.

Except for such warmongers and waylayers as repent before you overpower them; for know that God is Forgiving to them of what they have done Merciful to them. This proviso is expressed without any statement to the effect ‘do not submit them to prescribed legal punishment’ to point out that when such a person repents only God’s prescribed punishments hudūd — and not those deriving from the rights of human beings — are waived. This is how I see it. I do not know of any that have tackled this topic and God knows best. If then a person has killed and stolen property he should be killed and have his limbs cut off on opposite sides but not crucified — this is the more sound of two opinions held by al-Shāfi‘ī. However his repentance is of no avail once he has been overpowered by the authorities — this is also the more sound of two opinions held by him.

O you who believe fear God fear His chastisement by being obedient to Him and seek the means to Him that obedience which brings you closer to Him and struggle in His way in order to elevate His religion; so that you might prosper triumph.

Truly as for the disbelievers if they possessed definitely all that is in the earth and the like of it with it by which to ransom themselves from the chastisement of the Day of Resurrection it would not be accepted from them; theirs shall be a painful chastisement.

They will desire they will wish to exit from the Fire but they will not exit from it; theirs shall be a lasting a perpetual chastisement.

And the thieving male and the thieving female the definite article in both nouns relates to the subject sc. wa’lladhī saraqa wa’llatī saraqat ‘And the male who thieves and the female who thieves’; because this clause resembles a conditional statement sc. ‘if he thieves if she thieves’ etc. the fā’ has been included in the predicate fa’qta‘ū ‘then cut off’ cut off their hands that is the right hand of each of the two from the wristbone; it is explained in the Sunna that the amputation applies to the stealing of a quarter of a dinar and upwards and if the person were to re-offend the left foot should then be amputated from the ankle and then on subsequent re-offending the left hand is amputated followed by the right foot after which discretionary punishment is applied; as a requital jazā’an is in the accusative because it is a verbal noun for what they have earned and an exemplary punishment for both of them from God; God is Mighty His way will prevail Wise in His creation.

But whoever repents after his evildoing refrains from theft and amends his actions God will relent to him. God is indeed Forgiving Merciful in expressing what has been stated. However the rights of the victim to have the penalty of amputation carried out and his property restored are not automatically forgone after repentance. In fact as is clarified in the Sunna only if he is pardoned before being taken to the Imam is the punishment of amputation waived and al-Shāfi‘ī is of this opinion.

Do you not know the interrogative here is meant as an affirmative that to God belongs the kingdom of the heavens and the earth? He chastises him for whom He wills chastisement for and forgives him for whom He wills forgiveness and God has power over all things including chastising and forgiving.