Surah 2 (Al-Baqarah), Verses 177-182 (Y6)

As-salaam wa-alaikum, brothers and sisters.

Summary

Today’s selection is from Surah 2, Al-Baqarah or the Cow, verses 177-182. These verses give an Islamic definition of righteousness, laws of equality and the commandment of Allah to execute a last will and testament.

Tafseer for this selection expounds upon using the word equality rather than retribution or retaliation in verse 178 as well as the use of the word “brother” to represent an aggrieved party.

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Verses

Bis-millahi ar-rahman, ar-raheem.
In the name of Allah, most gracious, most merciful.

It is not righteousness that ye turn your faces Towards east or West; but it is righteousness- to believe in Allah and the Last Day, and the Angels, and the Book, and the Messengers; to spend of your substance, out of love for Him, for your kin, for orphans, for the needy, for the wayfarer, for those who ask, and for the ransom of slaves; to be steadfast in prayer, and practice regular charity; to fulfill the contracts which ye have made; and to be firm and patient, in pain (or suffering) and adversity, and throughout all periods of panic. Such are the people of truth, the God-fearing.[177] 2:[177]

O believers! The law of equality is prescribed for you in the cases of murder: a free man for a free man, a slave for a slave, and a female for a female. But if anyone is pardoned by his aggrieved brother, then bloodwit (a ransom for manslaughter) should be decided according to the common law and payment should be made with gratitude. This is a concession and a mercy from your Lord. Now, whoever exceeds the limits after this, shall have a painful punishment.[178] O men of understanding! There is security of life for you in the law of equality, so that you may learn self-restraint. [179]2:[178-179]

The will is made obligatory before the death of anyone of you who is leaving some property behind to bequest it equitably to his parents and relatives. This is a duty incumbent on the righteous.[180] If anyone changes the bequest after hearing it, the sin of it then is on those who make the change. Allah hears and knows everything.[181] But there is no blame on the one who suspects an error or an injustice on the part of the testator and brings about a settlement among the parties. Allah is Forgiving, Merciful.[182] 2:[180-182]

Ameen.

Tafseer

On using the word equality rather than retribution in verse 178:

Note first that this verse and the next make it clear that Islam has much mitigated the horrors of the pre-Islamic custom of retaliation. In order to meet the strict claims of justice, equality is prescribed, with a strong recommendation for mercy and forgiveness. To translate qisas, therefore, as retaliation, is incorrect. The Latin legal term Lex Talionis may come near to it, but even that is modified here. In any case, it is best to avoid technical terms for things that are very different. “Retaliation” in English has a wider meaning, equivalent almost to returning evil for evil, and would fitly apply to the blood-feuds of the [pre-Islamic] Days of Ignorance. Islam says: if you must take a life for a life, at least there should be some measure of equality in it.

The jurists have carefully laid down that the law of qisas refers to murder only. Qisas is not applicable to manslaughter due to a mistake or an accident. There, there would be no capital punishment.

On using of the word “brother” to represent an aggrieved party:

The brother: the term is perfectly general; all men are brothers in Islam. In this, and in all questions of inheritance, females have similar rights to males, and therefore the masculine gender imports both sexes. Here we are considering the first of heirs in the light of the larger brotherhood. In 2:178-179, we have the rights of the heirs to life (as it were). In 2:180-182, we proceed to the heirs to property.

This concludes today’s episode of the 17 Verses Podcast. I hope that this selection has helped increase your understanding of the holy Qur’an just a little bit.

Thank you and be well.