4:60 An-Nisaa (The Women)

يعجب تعالى عباده من حالة المنافقين. { الَّذِينَ يَزْعُمُونَ أَنَّهُمْ } مؤمنون بما جاء به الرسول وبما قبله، ومع هذا { يُرِيدُونَ أَنْ يَتَحَاكَمُوا إِلَى الطَّاغُوتِ } وهو كل من حكم بغير شرع الله فهو طاغوت. والحال أنهم { قد أُمِرُوا أَنْ يَكْفُرُوا بِهِ } فكيف يجتمع هذا والإيمان؟ فإن الإيمان يقتضي الانقياد لشرع الله وتحكيمه في كل أمر من الأمور، فمَنْ زعم أنه مؤمن واختار حكم الطاغوت على حكم الله، فهو كاذب في ذلك. وهذا من إضلال الشيطان إياهم، ولهذا قال: { وَيُرِيدُ الشَّيْطَانُ أَنْ يُضِلَّهُمْ ضَلَالًا بَعِيدًا } عن الحق.

هذا إنكار من الله عز وجل على من يدعي الإيمان بما أنزل الله على رسوله وعلى الأنبياء الأقدمين وهو مع ذلك يريد أن يتحاكم في فصل الخصومات إلى غير كتاب الله وسنة رسوله كما ذكر في سبب نزول هذه الآية أنها في رجل من الأنصار ورجل من اليهود تخاصما فجعل اليهودي يقول بيني وبينك محمد وذاك يقول بيني وبينك كعب بن الأشرف. وقيل في جماعة من المنافقين ممن أظهروا الإسلام أرادوا أن يتحاكموا إلى حكام الجاهلية. وقيل غير ذلك والآية أعم من ذلك كله فإنها ذامة لمن عدل عن الكتاب والسنة وتحاكموا إلى ما سواهما من الباطل وهو المراد بالطاغوت هنا ولهذا قال "يريدون أن يتحاكموا إلى الطاغوت" إلى آخرها.

Referring to Other than the Qur'an and Sunnah for Judgment is Characteristic of Non-Muslims

Allah chastises those who claim to believe in what Allah has sent down to His Messenger and to the earlier Prophets, yet they refer to other than the Book of Allah and the Sunnah of His Messenger for judgment in various disputes. It was reported that the reason behind revealing this Ayah was that a man from the Ansar and a Jew had a dispute, and the Jew said, "Let us refer to Muhammad to judge between us." However, the Muslim man said, "Let us refer to Ka`b bin Al-Ashraf (a Jew) to judge between us." It was also reported that the Ayah was revealed about some hypocrites who pretended to be Muslims, yet they sought to refer to the judgment of Jahiliyyah. Other reasons were also reported behind the revelation of the Ayah. However, the Ayah has a general meaning, as it chastises all those who refrain from referring to the Qur'an and Sunnah for judgment and prefer the judgment of whatever they chose of falsehood, which befits the description of Taghut here. This is why Allah said,

يُرِيدُونَ أَن يَتَحَاكَمُواْ إِلَى الطَّـغُوتِ

(and they wish to go for judgment to the Taghut) until the end of the Ayah. Allah's statement,

يَصُدُّونَ عَنكَ صُدُوداً

(turn away from you with aversion) means, they turn away from you in arrogance, just as Allah described the polytheists,

وَإِذَا قِيلَ لَهُمُ اتَّبِعُواْ مَآ أَنزَلَ اللَّهُ قَالُواْ بَلْ نَتَّبِعُ مَا وَجَدْنَا عَلَيْهِ ءَابَآءَنَا

(When it is said to them: "Follow what Allah has sent down." They say: "Nay! We shall follow what we found our fathers following.") This is different from the conduct of the faithful believers, whom Allah describes as,

إِنَّمَا كَانَ قَوْلَ الْمُؤْمِنِينَ إِذَا دُعُواْ إِلَى اللَّهِ وَرَسُولِهِ لِيَحْكُمَ بَيْنَهُمْ أَن يَقُولُواْ سَمِعْنَا وَأَطَعْنَا

(The only saying of the faithful believers, when they are called to Allah and His Messenger, to judge between them, is that they say: "We hear and we obey.")

Chastising the Hypocrites

Chastising the hypocrites, Allah said,

فَكَيْفَ إِذَآ أَصَـبَتْهُمْ مُّصِيبَةٌ بِمَا قَدَّمَتْ أَيْدِيهِمْ

(How then, when a catastrophe befalls them because of what their hands have sent forth,) meaning, how about it if they feel compelled to join you because of disasters that they suffer due to their sins, then they will be in need of you.

ثُمَّ جَآءُوكَ يَحْلِفُونَ بِاللَّهِ إِنْ أَرَدْنَآ إِلاَّ إِحْسَاناً وَتَوْفِيقاً

(They come to you swearing by Allah, "We meant no more than goodwill and conciliation!") apologizing and swearing that they only sought goodwill and reconciliation when they referred to other than the Prophet for judgment, not that they believe in such alternative judgment, as they claim. Allah describes these people to us further in His statement,

فَتَرَى الَّذِينَ فِى قُلُوبِهِم مَّرَضٌ يُسَـرِعُونَ فِيهِمْ يَقُولُونَ نَخْشَى

(And you see those in whose hearts there is a disease (of hypocrisy), they hurry to their friendship, saying: "We fear"), until,

فَيُصْبِحُواْ عَلَى مَآ أَسَرُّواْ فِى أَنفُسِهِمْ نَـدِمِينَ

(Then they will become regretful for what they have been keeping as a secret in themselves). At-Tabarani recorded that Ibn `Abbas said, "Abu Barzah Al-Aslami used to be a soothsayer who judged between the Jews in their disputes. When some Muslims came to him to judge between them, Allah sent down,

أَلَمْ تَرَ إِلَى الَّذِينَ يَزْعُمُونَ أَنَّهُمْ ءَامَنُواْ بِمَآ أُنزِلَ إِلَيْكَ وَمَآ أُنزِلَ مِن قَبْلِكَ

(Have you not seen those (hyprocrites) who claim that they believe in that which has been sent down to you, and that which was sent down before you), until,

إِنْ أَرَدْنَآ إِلاَّ إِحْسَاناً وَتَوْفِيقاً

("We meant no more than goodwill and conciliation!") Allah then said,

أُولَـئِكَ الَّذِينَ يَعْلَمُ اللَّهُ مَا فِى قُلُوبِهِمْ

(They (hypocrites) are those of whom Allah knows what is in their hearts;) These people are hypocrites, and Allah knows what is in their hearts and will punish them accordingly, for nothing escapes Allah's watch. Consequently, O Muhammad! Let Allah be sufficient for you in this regard, because He has perfect knowledge of their apparent and hidden affairs. This is why Allah said,

فَأَعْرِضْ عَنْهُمْ

(so turn aside from them (do not punish them)) meaning, do not punish them because of what is in their hearts.

وَعِظْهُمْ

(but admonish them) means, advise them against the hypocrisy and evil that reside in their hearts,

وَقُل لَّهُمْ فِى أَنفُسِهِمْ قَوْلاً بَلِيغاً

(and speak to them an effective word to reach their inner selves) advise them, between you and them, using effective words that might benefit them.

The following verse was revealed when a Jew and a hypocrite fell into a dispute. The hypocrite called on Ka‘b b. al-Ashraf to arbitrate between them while the Jew called on the Prophet s. When they came to him the Prophet ruled in favour of the Jew. But the hypocrite was not satisfied and so they went before ‘Umar. The Jew told him what had happened whereupon he ‘Umar turned to the hypocrite and asked him ‘Is this true?’ and when he replied ‘Yes’ he ‘Umar killed him. Have you not seen those who claim that they believe in what has been revealed to you and what was revealed before you desiring to take their disputes to a false deity tāghūt one excessive in tempting others to falsehood tughyān namely Ka‘b b. al-Ashraf when they have been commanded to renounce him? and not to associate with him. But Satan desires to mislead them far astray from the truth.

Verses previous to these carried the command to revert back to the mandate given by Allah and the Messenger in all matters. In the present verses which follow, the act of reverting to laws contrary to the Shari` ah has been censured.

Commentary

The background of the revelation of these verses

There is a special incident behind the revelation of these verses, the details of which identify a hypocrite by the name of Bishr. He got into a dispute with a Jew. The Jew said, "Let us go to Muhammad and ask him to settle our dispute.' But, Bishr, the hypocrite, did not accept this proposal. Instead, he came up with a counter-proposal suggesting that they go to a Jew, Ka'b ibn Ashraf and let him give a decision. Ka'b ibn Ashraf was a tribal chief among the Jews and was a sworn enemy of the Holy Prophet and his Muslim followers. It was a strange coincidence that a Jew would leave his chief aside and elect to go by the judgment of the Holy Prophet ﷺ ، while Bishr, who called himself a Muslim, would bypass him and elect to go by the judgment of the Jewish chief. But, there was a secret behind it. Both of them were certain that the Holy Prophet ﷺ will give a judgment which is bound to be true and just. It will be free from apprehensions about any tilt or favour or misunderstanding. Since the Jew was on the right in this dispute, so he had more confidence in the Holy Prophet ﷺ as compared to his own chief, Ka'b ibn Ashraf. Bishr, the hypocrite was in the wrong, therefore, he knew that the Prophet's judgment will be against him - even though he claimed to be a Muslim while his adversary was a Jew.

However, after some mutual cross talk between them, both of them agreed upon the option of going to the Holy Prophet ﷺ and requesting him to give a decision in their dispute. So, the case went to him. He made relevant investigation in the case which proved that the Jew was in the right: Consequently, he gave a decision in his favour. But, on the other side, there was Bishr, a pretending Muslim, who lost his case before him. He was not pleased with this judgment, so he hit upon a new plan to persuade the Jew to somehow agree to go to Sayyidna ` Umar ibn al-Khattab ؓ and have him give a decision in their case. The Jew agreed. There was a secret here too. Bishr was under the impression that Sayyidna ` Umar is usually hard on disbelievers so he would, rather than decide in favour of the Jew, decide in his favour.

Thus, they both reached Sayyidna ` Umar ؓ . The Jew told him everything about the incident and also narrated to him how the Holy Prophet ﷺ had already given his decision in this case and that this man was not satisfied with it and had, therefore, brought his case before you.' Sayyidna ` Umar ؓ asked Bishr, "Is this what really happened?" He confessed that this is how it was. Thereupon, Sayyidna ` Umar ؓ said: "All right; you wait here, I am coming." He went into the house and came out with a sword which he swung to finish the hypocrite off, saying: "This is the decision for him who is dissatisfied with the decision of the Holy Prophet ﷺ " (This incident appears in Ruh al-Ma’ ani from Sayyidna 'Abdullah ibn ` Abbas as narrated by Thalabi and Ibn Abi Hatim).

Most commentators have also added that, following this incident, the heirs of the hypocrite thus killed filed a suit against Sayyidna ` Umar ؓ accusing him of having killed a Muslim without adequate legal authority as admitted by the Shari’ ah of Islam. To strengthen their case, they submitted interpretations of his kufr (disbelief) in words and deeds in order to prove his being a Muslim. In the present verse, Allah Almighty has unfolded the reality behind the case, confirming that the person killed was a hypocrite, and thus it was that Sayyidna ` Umar ؓ was absolved.

Also reported are some other incidents of this nature where people had bypassed clear Islamic legal verdict to finally accept the decision of a soothsayer or astrologer. It is possible that the present verse was revealed about all such incidents.

The explanation of verses

The first verse (60) exposes the claim of those who say that they have believed in earlier scriptures, the Torah and the Evangel, and now believe in the Book (the Qur'an) revealed to the Holy Prophet Muhammad ﷺ . That is, earlier in time, they were a part of the community of the people of the Book, then they entered the fold of Islam and became a part of the Muslim community. The verse warns that this claim of theirs is simply a verbal camouflage for their hypocrisy. Their hearts are stuffed with the same old disbelief which has come out in the open during this dispute when Bishr, bypassing the Holy Prophet ﷺ ، proposed that the Jewish chief, Ka'b ibn

Ashraf be the judge in that dispute and, in addition to that, later when the Holy Prophet ﷺ ، gave a clear and just decision, he found it unacceptable.

The comment which follows immediately employs the word, "Taghut" which has been left un-translated. Lexically, “ Taghut” primarily means one who exceeds the limits.' In usage, the Satan is referred to as Taghut. In this verse, carrying the dispute to Ka'b ibn Ashraf has been equated with carrying it to the Satan. The reason could be that Ka'b ibn Ashraf was himself a satan personified, or it could be that bypassing a decision under the God-given law and preferring a decision contrary to it can only come from the teaching of the Satan. About anyone who follows this course, it is clear that he has virtually taken his case to the court of none else but the Satan. There-fore, right there in the end of this verse, there appears the warning that those who follow the. Satan, the Satan will mislead them to a remote wrong way.

(Hast thou not seen those who pretend that they believe in that which is revealed unto thee and that which was revealed before thee, how they would go for judgment (in their disputes) to false deities when they have been ordered to abjure them?) [4:60]. Sa'id ibn Muhammad al-'Adl informed us> Abu 'Amr ibn Hamdan> al-Hasan ibn Sufyan> Ibrahim ibn Sa'd al-Jawhari> Abu'l-Yaman> Safwan ibn 'Amr>> 'Ikrimah> Ibn 'Abbas who said: �Abu Burdah al-Aslami was a soothsayer who used to settle the disputes that the Jews had amongst themselves. When a group of people from Aslam took their dispute to him, Allah, exalted is He, revealed (Hast thou not seen those who pretend�) up to his saying (� were seeking naught but harmony and kindness) [4:62]�. Ahmad ibn Muhammad ibn Ibrahim> Abu Salih Shu'ayb ibn Muhammad> Abu Hatim al-Tamimi> Abu'l-Azhar> Ruwaym> Sa'id ibn Qatadah who said: �We were told that this verse was revealed about a dispute regarding a certain property in which were involved a man from the Helpers called Qays and a Jewish man. They took their dispute to a soothsayer in Medina to judge between them while leaving the Prophet of Allah, Allah bless him and give him peace. Allah, exalted is He, rebuked them for doing so. In fact the Jew was urging the Muslim to take their dispute to the Prophet of Allah, because he knew he will not wrong him. But the Helper refused to, even though he was a Muslim, and insisted to go to the soothsayer. And so Allah, exalted is He, revealed this verse censoring the person who was pretending to be Muslim as well as the Jew who belonged to the people of the Book, saying (Hast thou not seen those who pretend that they believe in that which is revealed unto thee�) up to His words (� thou seest the hypocrites turn from thee with aversion) [4:61]�. Muhammad ibn 'Abd al-'Aziz al-Marwazi informed us in writing> Muhammad ibn al-Husayn> Muhammad ibn Yahya> Ishaq al-Hanzali> al-Mu'ammil> Yazid ibn Zuray'> Dawud> al-Sha'bi who said: �One certain hypocrite had a dispute with a Jewish man. The Jew invited the hypocrite to take their dispute to the Prophet, Allah bless him and give him peace, because he knew that he did not accept bribery. The hypocrite, on the other hand, called the Jewish man to take their dispute to their own arbiters because he knew that they took bribery for the judgments they issued.