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.

Because of that, which Cain did, We decreed for the Children of Israel that whoever slays a soul for other than a soul, slain, or for, other than, corruption, committed, in the land, in the way of unbelief, fornication or waylaying and the like, it shall be as if he had slain mankind altogether; and whoever saves the life of one, by refraining from slaying, it shall be as if he had saved the life of all mankind — Ibn ‘Abbās said [that the above is meant] in the sense of violating and protecting its [a soul’s] sanctity [respectively]. Our messengers have already come to them, that is, to the Children of Israel, with clear proofs, miracles, but after that many of them still commit excesses in the land, overstepping the bounds through disbelief, killing and the like.

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.