وَكَتَبْنَا عَلَيْهِمْ فِيهَآ أَنَّ ٱلنَّفْسَ بِٱلنَّفْسِ وَٱلْعَيْنَ بِٱلْعَيْنِ وَٱلْأَنفَ بِٱلْأَنفِ وَٱلْأُذُنَ بِٱلْأُذُنِ وَٱلسِّنَّ بِٱلسِّنِّ وَٱلْجُرُوحَ قِصَاصٌ فَمَن تَصَدَّقَ بِهِۦ فَهُوَ كَفَّارَةٌ لَّهُۥ وَمَن لَّمْ يَحْكُم بِمَآ أَنزَلَ ٱللَّهُ فَأُو۟لَٰٓئِكَ هُمُ ٱلظَّٰلِمُونَ
<div class="text_uthmani arabic">وَمَن لَّمْ يَحْكُم بِمَآ أَنزَلَ اللَّهُ فَأُوْلَـئِكَ هُمُ الْكَـفِرُونَ</div><p>(And whosoever does not judge by what Allah has revealed, such are the disbelievers.) because they rejected Allah's command with full intention and with transgression and rebellion. In this Ayah, Allah said,</p><div class="text_uthmani arabic">فَأُوْلَـئِكَ هُمُ الظَّـلِمُونَ</div><p>(such are the unjust.) because they did not exact the oppressed his due rights from the oppressor in a matter which Allah ordered that all be treated equally and fairly. Instead, they defied that command, committed injustice and transgressed against each other.</p><h2 class="title">A Man is Killed for a Woman Whom He Kills</h2><p>Imam Abu Nasr bin As-Sabbagh stated in his book, Ash-Shamil, that the scholars agree that this Ayah 5:45 should be implemented, and the Imams agree that the man is killed for a woman whom he kills, according to the general indications of this Ayah. A Hadith that An-Nasa'i recorded states that the Messenger of Allah had this statement written in the book that he gave `Amr bin Hazm,</p><div class="text_uthmani arabic">«أَنَّ الرَّجُلَ يُقْتَلُ بِالْمَرْأَة»</div><p>(The man is killed for the woman (whom he kills).) In another Hadith, the Messenger said,</p><div class="text_uthmani arabic">«الْمُسْلِمُونَ تَتَكَافَأُ دِمَاؤُهُم»</div><p>(Muslims are equal regarding the sanctity of their blood.) This is also the opinion of the majority of the scholars. What further supports what Ibn As-Sabbagh said is the Hadith that Imam Ahmad recorded that Anas bin Malik said, "Ar-Rabi` (his aunt) broke the tooth of a girl, and the relatives of Ar-Rabi` requested the girl's relatives to forgive (the offender), but they refused. So, they went to the Prophet who ordered them to bring about retaliation. Anas bin An-Nadr, her brother, asked, `O Allah's Messenger! Will the tooth of Ar-Rabi` be broken' The Messenger of Allah said, `O Anas! The Book of Allah prescribes retaliation.' Anas said, `No, by Him Who has sent you with the Truth, her tooth will not be broken. ' Later the relatives of the girl agreed to forgive Ar-Rabi` and forfeit their right to retaliation. The Messenger of Allah said,</p><div class="text_uthmani arabic">«إن من عباد الله من لو أقسم على الله لأبره»</div><p>(There are some of Allah's servants who, if they take an oath by Allah, Allah fullfils them.)" It was recorded in the Two Sahihs.</p><h2 class="title">Retaliation for Wounds</h2><p>Allah said,</p><div class="text_uthmani arabic">وَالْجُرُوحَ قِصَاصٌ</div><p>(and wounds equal for equal.) `Ali bin Abi Talhah reported that Ibn `Abbas said, "Life for life, an eye for an eye, a nose, if cut off, for a nose, a tooth broken for a tooth and wounds equal for wound." The free Muslims, men and women, are equal in this matter. And their slaves, male and female, are equal in this matter. And this ruling is the same regarding intentional murder and lesser offenses, as Ibn Jarir and Ibn Abi Hatim recorded.</p><h2 class="title">An Important Ruling</h2><p>The retaliation for wounds should not be implemented until the wounds of the victim heal. If retaliation occurs before the wound heals, and then the wound becomes aggravated, the victim will have no additional rights in this case. The proof for this ruling is what Imam Ahmad narrated from `Amr bin Shu`ayb, from his father, from his grandfather that a man once stabbed another man in his leg using a horn. The victim came to the Prophet asking for retaliation, and the Prophet said,</p><div class="text_uthmani arabic">«حَتَّى تَبْرَأ»</div><p>(Not until you heal.) The man again came to the Prophet and asked for equality in retaliation and the Prophet allowed him that. Later on, that man said, "O Messenger of Allah! I limp now." The Messenger said,</p><div class="text_uthmani arabic">«قَدْ نَهَيْتُكَ فَعَصَيْتَنِي، فَأَبْعَدكَ اللهُ وَبَطَلَ عَرَجُك»</div><p>(I had asked you to wait, but you disobeyed me. Therefore, Allah cast you away and your limp has no compensation.) Afterwards, the Messenger of Allah forbade that the wound be retaliated for until the wound of the victim heals. If the victim is allowed to retaliate for his wound caused by the aggressor and the aggressor dies as a result, there is no compensation in this case, according to the majority of the Companions and their followers.</p><h2 class="title">The Pardon is Expiation for Such Offenses</h2><p>Allah said,</p><div class="text_uthmani arabic">فَمَن تَصَدَّقَ بِهِ فَهُوَ كَفَّارَةٌ لَّهُ</div><p>(But if anyone remits the retaliation by way of charity, it shall be for him an expiation.) `Ali bin Abi Talhah reported that Ibn `Abbas commented that</p><div class="text_uthmani arabic">فَمَن تَصَدَّقَ بِهِ</div><p>(But if anyone remits the retaliation by way of charity) means; "If one pardons by way of charity, it will result in expiation for the aggressor and reward for the victim." Sufyan Ath-Thawri said that `Ata' bin As-Sa'ib said that Sa`id bin Jubayr said that Ibn `Abbas said, `He who pardons the retaliation by way of charity, it will be an expiation for the aggressor and a reward for the victim with Allah." Ibn Abi Hatim recorded this statement. Jabir bin `Abdullah said that Allah's statement,</p><div class="text_uthmani arabic">فَمَن تَصَدَّقَ بِهِ فَهُوَ كَفَّارَةٌ لَّهُ</div><p>(But if anyone remits the retaliation by way of charity, it shall be for him an expiation,) "For the victim." This is also the opinion of Al-Hasan Al-Basri, Ibrahim An-Nakha`i and Abu Ishaq Al-Hamdani. Imam Ahmad recorded that `Ubadah bin As-Samit said, "I heard the Messenger of Allah saying,</p><div class="text_uthmani arabic">«مَا مِنْ رَجُلٍ يُجْرَحُ مِنْ جَسَدِهِ جَرَاحَةً فَيَتَصَدَّقُ بِهَا، إِلَّا كَفَّرَ اللهُ عَنْهُ مِثْلَ مَا تَصَدَّقَ بِه»</div><p>(Any man who suffers a wound on his body and forfeits his right of retaliation as way of charity, then Allah will pardon him that which is similar to what he forfeited.) An-Nasa'i and Ibn Jarir recorded this Hadith. Allah's statement,</p><div class="text_uthmani arabic">وَمَن لَّمْ يَحْكُم بِمَآ أنزَلَ اللَّهُ فَأُوْلَـئِكَ هُمُ الظَّـلِمُونَ</div><p>(And whosoever does not judge by that which Allah has revealed, such are the unjust.) Earlier we mentioned the statements of `Ata' and Tawus that there is Kufr and lesser Kufr, injustice and lesser injustice and Fisq and lesser Fisq.</p>
وَمَن لَّمْ يَحْكُم بِمَآ أَنزَلَ اللَّهُ فَأُوْلَـئِكَ هُمُ الْكَـفِرُونَ(And whosoever does not judge by what Allah has revealed, such are the disbelievers.) because they rejected Allah's command with full intention and with transgression and rebellion. In this Ayah, Allah said,فَأُوْلَـئِكَ هُمُ الظَّـلِمُونَ(such are the unjust.) because they did not exact the oppressed his due rights from the oppressor in a matter which Allah ordered that all be treated equally and fairly. Instead, they defied that command, committed injustice and transgressed against each other.A Man is Killed for a Woman Whom He KillsImam Abu Nasr bin As-Sabbagh stated in his book, Ash-Shamil, that the scholars agree that this Ayah 5:45 should be implemented, and the Imams agree that the man is killed for a woman whom he kills, according to the general indications of this Ayah. A Hadith that An-Nasa'i recorded states that the Messenger of Allah had this statement written in the book that he gave `Amr bin Hazm,«أَنَّ الرَّجُلَ يُقْتَلُ بِالْمَرْأَة»(The man is killed for the woman (whom he kills).) In another Hadith, the Messenger said,«الْمُسْلِمُونَ تَتَكَافَأُ دِمَاؤُهُم»(Muslims are equal regarding the sanctity of their blood.) This is also the opinion of the majority of the scholars. What further supports what Ibn As-Sabbagh said is the Hadith that Imam Ahmad recorded that Anas bin Malik said, "Ar-Rabi` (his aunt) broke the tooth of a girl, and the relatives of Ar-Rabi` requested the girl's relatives to forgive (the offender), but they refused. So, they went to the Prophet who ordered them to bring about retaliation. Anas bin An-Nadr, her brother, asked, `O Allah's Messenger! Will the tooth of Ar-Rabi` be broken' The Messenger of Allah said, `O Anas! The Book of Allah prescribes retaliation.' Anas said, `No, by Him Who has sent you with the Truth, her tooth will not be broken. ' Later the relatives of the girl agreed to forgive Ar-Rabi` and forfeit their right to retaliation. The Messenger of Allah said,«إن من عباد الله من لو أقسم على الله لأبره»(There are some of Allah's servants who, if they take an oath by Allah, Allah fullfils them.)" It was recorded in the Two Sahihs.Retaliation for WoundsAllah said,وَالْجُرُوحَ قِصَاصٌ(and wounds equal for equal.) `Ali bin Abi Talhah reported that Ibn `Abbas said, "Life for life, an eye for an eye, a nose, if cut off, for a nose, a tooth broken for a tooth and wounds equal for wound." The free Muslims, men and women, are equal in this matter. And their slaves, male and female, are equal in this matter. And this ruling is the same regarding intentional murder and lesser offenses, as Ibn Jarir and Ibn Abi Hatim recorded.An Important RulingThe retaliation for wounds should not be implemented until the wounds of the victim heal. If retaliation occurs before the wound heals, and then the wound becomes aggravated, the victim will have no additional rights in this case. The proof for this ruling is what Imam Ahmad narrated from `Amr bin Shu`ayb, from his father, from his grandfather that a man once stabbed another man in his leg using a horn. The victim came to the Prophet asking for retaliation, and the Prophet said,«حَتَّى تَبْرَأ»(Not until you heal.) The man again came to the Prophet and asked for equality in retaliation and the Prophet allowed him that. Later on, that man said, "O Messenger of Allah! I limp now." The Messenger said,«قَدْ نَهَيْتُكَ فَعَصَيْتَنِي، فَأَبْعَدكَ اللهُ وَبَطَلَ عَرَجُك»(I had asked you to wait, but you disobeyed me. Therefore, Allah cast you away and your limp has no compensation.) Afterwards, the Messenger of Allah forbade that the wound be retaliated for until the wound of the victim heals. If the victim is allowed to retaliate for his wound caused by the aggressor and the aggressor dies as a result, there is no compensation in this case, according to the majority of the Companions and their followers.The Pardon is Expiation for Such OffensesAllah said,فَمَن تَصَدَّقَ بِهِ فَهُوَ كَفَّارَةٌ لَّهُ(But if anyone remits the retaliation by way of charity, it shall be for him an expiation.) `Ali bin Abi Talhah reported that Ibn `Abbas commented thatفَمَن تَصَدَّقَ بِهِ(But if anyone remits the retaliation by way of charity) means; "If one pardons by way of charity, it will result in expiation for the aggressor and reward for the victim." Sufyan Ath-Thawri said that `Ata' bin As-Sa'ib said that Sa`id bin Jubayr said that Ibn `Abbas said, `He who pardons the retaliation by way of charity, it will be an expiation for the aggressor and a reward for the victim with Allah." Ibn Abi Hatim recorded this statement. Jabir bin `Abdullah said that Allah's statement,فَمَن تَصَدَّقَ بِهِ فَهُوَ كَفَّارَةٌ لَّهُ(But if anyone remits the retaliation by way of charity, it shall be for him an expiation,) "For the victim." This is also the opinion of Al-Hasan Al-Basri, Ibrahim An-Nakha`i and Abu Ishaq Al-Hamdani. Imam Ahmad recorded that `Ubadah bin As-Samit said, "I heard the Messenger of Allah saying,«مَا مِنْ رَجُلٍ يُجْرَحُ مِنْ جَسَدِهِ جَرَاحَةً فَيَتَصَدَّقُ بِهَا، إِلَّا كَفَّرَ اللهُ عَنْهُ مِثْلَ مَا تَصَدَّقَ بِه»(Any man who suffers a wound on his body and forfeits his right of retaliation as way of charity, then Allah will pardon him that which is similar to what he forfeited.) An-Nasa'i and Ibn Jarir recorded this Hadith. Allah's statement,وَمَن لَّمْ يَحْكُم بِمَآ أنزَلَ اللَّهُ فَأُوْلَـئِكَ هُمُ الظَّـلِمُونَ(And whosoever does not judge by that which Allah has revealed, such are the unjust.) Earlier we mentioned the statements of `Ata' and Tawus that there is Kufr and lesser Kufr, injustice and lesser injustice and Fisq and lesser Fisq.