Al-Jalalayn

Al-Jalalayn — Al-Jalalayn

That which has been mentioned of their eating of the Fire and what follows it is because God has revealed the Book with the truth but they are at variance regarding it believing in parts of it while disbelieving in others and concealing them; and those that are at variance regarding the Book concerning this matter namely the Jews — although it is said that these are the idolaters some of whom said with regard to the Qur’ān that it was poetry others that it was sorcery and others still that it was divination — are in schism disagreement far removed from the truth.

Al-Jalalayn — Al-Jalalayn

It is not piety that you turn your faces in prayer to the East and to the West. This was revealed in response to the claim made by the Jews and the Christians to this effect. True piety that is the pious person al-birr is also read al-barr in the sense of al-bārr ‘the dutiful person’ is that of the one who believes in God and the Last Day and the angels and the Book that is the scriptures and the prophets and who gives of his substance however despite it being cherished by him to kinsmen and orphans and the needy and the traveller and beggars and for the setting free of slaves both the captive and the one to be manumitted by contract; and who observes prayer and pays the alms that are obligatory and what was given before alms were made obligatory in the way of charity; and those who fulfil their covenant when they have engaged in a covenant with God or with others those who endure with fortitude al-sābirīna is the accusative of laudation misfortune al-ba’sā’ is abject poverty hardship illness and peril at the height of a battle in the way of God; these described in the way mentioned are the ones who are truthful in their faith and in their claims to piety and these are the ones who are fearful of God.

Al-Jalalayn — Al-Jalalayn

O you who believe prescribed made obligatory for you is retaliation on equal terms regarding the slain both in the attributes of the one slain and in the action involved; a free man is killed for a free man and not for a slave; and a slave for a slave and a female for a female. The Sunna makes it clear that a male may be killed in retaliation for a female and that religious affiliation should be taken into account also so that a Muslim cannot be killed in return for an disbeliever even if the former be a slave and the latter a free man. But if anything of the blood is pardoned any one of those who have slain in relation to his brother the one slain so that the retaliation is waived the use of the indefinite shay’un ‘anything’ here implies the waiving of retaliation through a partial pardon by the inheritors of the slain; the mention of akhīh ‘his brother’ is intended as a conciliatory entreaty to pardon and a declaration that killing should not sever the bonds of religious brotherhood; the particle man ‘any one’ is the subject of a conditional or a relative clause of which the predicate is the following fa’ittibā‘un let the pursuing that is the action of the one who has pardoned in pursuing the killer be honourable demanding the blood money without force. The fact that the ‘pursuing’ results from the ‘pardoning’ implies that one of the two actions is a duty which is one of al-Shāfi‘ī’s two opinions here. The other opinion is that retaliation is the duty whereas the blood money is merely compensation for non-retaliation so that if one were to pardon but not name his blood money then nothing happens; and this latter is the preferred opinion. And let the payment of the blood money by the slayer to him the pardoner that is the one inheriting from the slain be with kindliness without procrastination or fraud; that stipulation mentioned here about the possibility of retaliation and the forgoing of this in return for blood money is an alleviation a facilitation given to you by your Lord and a mercy for you for He has given you latitude in this matter and has not categorically demanded that one of the said options be followed through in the way that He made it obligatory for Jews to retaliate and for Christians to pardon and accept blood money; and for him who commits aggression by being unjust towards the killer and slaying him after that that is after pardoning — his is a painful chastisement of the Fire in the Hereafter or of being killed in this world.

Al-Jalalayn — Al-Jalalayn

In retaliation there is life for you that is great longevity O people of pith possessors of intellect because if the would-be killer knew that he would be killed in retaliation he would refrain from such action and would have thereby given life to himself and to the one whom he had intended to kill; and so it retaliation was stipulated by the Law so that you might fear killing fearing retaliation.

Al-Jalalayn — Al-Jalalayn

Prescribed made obligatory for you when any of you is approached by death that is by its causes and leaves behind some good material possessions is to make testament al-wasiyyatu is in the nominative because of kutiba and is semantically connected to the particle idhā ‘when’ if the latter is adverbial; but if this latter is conditional then it al-wasiyyatu indicates the response; the response to the conditional particle in ‘if’ is in other words implied to be fa’l-yūsi ‘let him make testament’; in favour of his parents and kinsmen honourably that is justly not giving more than the allotted share of a third nor preferring the richer person — an obligation haqqan here emphasises the import of what has preceded on those that fear God this verse has been abrogated by the ‘inheritance’ verse āyat al-mīrāth see Q. 411 and by the hadīth ‘Do not make testament for one already inheriting’ as reported by al-Tirmidhī.