42:40 Ash-Shura (Consultation)

ذكر الله في هذه الآية، مراتب العقوبات، وأنها على ثلاث مراتب: عدل وفضل وظلم.فمرتبة العدل، جزاء السيئة بسيئة مثلها، لا زيادة ولا نقص، فالنفس بالنفس، وكل جارحة بالجارحة المماثلة لها، والمال يضمن بمثله.ومرتبة الفضل: العفو والإصلاح عن المسيء، ولهذا قال: { فَمَنْ عَفَا وَأَصْلَحَ فَأَجْرُهُ عَلَى اللَّهِ } يجزيه أجرا عظيما، وثوابا كثيرا، وشرط الله في العفو الإصلاح فيه، ليدل ذلك على أنه إذا كان الجاني لا يليق العفو عنه، وكانت المصلحة الشرعية تقتضي عقوبته، فإنه في هذه الحال لا يكون مأمورا به.وفي جعل أجر العافي على الله ما يهيج على العفو، وأن يعامل العبد الخلق بما يحب أن يعامله الله به، فكما يحب أن يعفو الله عنه، فَلْيَعْفُ عنهم، وكما يحب أن يسامحه الله، فليسامحهم، فإن الجزاء من جنس العمل.وأما مرتبة الظلم فقد ذكرها بقوله: { إِنَّهُ لَا يُحِبُّ الظَّالِمِينَ } الذين يجنون على غيرهم ابتداء، أو يقابلون الجاني بأكثر من جنايته، فالزيادة ظلم.

قوله تبارك وتعالى "وجزاء سيئة سيئة مثلها" كقوله تعالى "فمن اعتدى عليكم فاعتدوا عليه بمثل ما اعتدى عليكم" وكقوله "وإن عاقبتم فعاقبوا بمثل ما عوقبتم به" الآية فشرع العدل وهو القصاص وندب إلى الفضل وهو العفو كقوله جل وعلا "والجروح قصاص فمن تصدق به فهو كفارة له" ولهذا قال ههنا "فمن عفا وأصلح فأجره على الله" أي لا يضيع ذلك عند الله كما صح ذلك في الحديث "وما زاد الله تعالى عبدا بعفو إلا عزا" وقوله تعالى "إنه لا يحب الظالمين" أي المعتدين وهو المبتدئ بالسيئة.

Forgiving or exacting Revenge on Wrongdoers

وَجَزَآءُ سَيِّئَةٍ سَيِّئَةٌ مِّثْلُهَا

(The recompense for an evil is an evil like thereof). This is like the Ayat:

فَمَنِ اعْتَدَى عَلَيْكُمْ فَاعْتَدُواْ عَلَيْهِ بِمِثْلِ مَا اعْتَدَى عَلَيْكُمْ

(Then whoever transgresses the prohibition against you, you transgress likewise against him) (2:194), and

وَإِنْ عَاقَبْتُمْ فَعَاقِبُواْ بِمِثْلِ مَا عُوقِبْتُمْ بِهِ

(And if you punish, then punish them with the like of that with which you were afflicted) (16:126). Justice, has been prescribed, in the form of the prescribed laws of equality in punishment (Al-Qisas), but the better way, which means forgiving, is recommended, as Allah says:

وَالْجُرُوحَ قِصَاصٌ فَمَن تَصَدَّقَ بِهِ فَهُوَ كَفَّارَةٌ لَّهُ

(and wounds equal for equal. But if anyone remits the retaliation by way of charity, it shall be for him an expiation) (5:45). Allah says here:

فَمَنْ عَفَا وَأَصْلَحَ فَأَجْرُهُ عَلَى اللَّهِ

(but whoever forgives and makes reconciliation, his reward is with Allah. ) means, that will not be wasted with Allah. As it says in a Sahih Hadith:

«وَمَا زَادَ اللهُ تَعَالَى عَبْدًا بِعَفْوٍ إِلَّا عِزًّا»

(Allah does not increase the person who forgives except in honor.)"

إِنَّهُ لاَ يُحِبُّ الظَّـلِمِينَ

(Verily, He likes not the wrongdoers.) means, the aggressors, i.e., those who initiate the evil actions.

وَلَمَنِ انتَصَرَ بَعْدَ ظُلْمِهِ فَأُوْلَـئِكَ مَا عَلَيْهِمْ مِّن سَبِيلٍ

(And indeed whosoever takes revenge after he has suffered wrong, for such there is no way (of blame) against them.) means, there is no sin on him for taking revenge against the one who wronged him.

إِنَّمَا السَّبِيلُ

(The way) means, the burden of sin,

عَلَى الَّذِينَ يَظْلِمُونَ النَّاسَ وَيَبْغُونَ فِى الاٌّرْضِ بِغَيْرِ الْحَقِّ

(is only against those who oppress men and rebel in the earth without justification;) means, those who initiate wrongful actions against others, as it says in the Sahih Hadith:

«الْمُسْتَبَّانِ مَا قَالَا فَعَلَى الْبَادِىءِ، مَا لَمْ يَعْتَدِ الْمَظْلُوم»

(When two persons indulge in abusing each other, the one who initiated the wrongful action is to blame, unless the one who was wronged oversteps the mark in retaliation.)

أُوْلَـئِكَ لَهُمْ عَذَابٌ أَلِيمٌ

(for such there will be a painful torment.) means, intense and agonizing. It was reported that Muhammad bin Wasi` said, "I came to Makkah and there was a security out post over the trench whose guards took me to Marwan bin Al-Muhallab, who was the governor of Basrah. He said, `What do you need, O Abu `Abdullah' I said, `If you can do it, I need you to be like the brother of Banu `Adiy.' He said, `Who is the brother of Banu `Adiy' He said, `Al-`Ala' bin Ziyad; he once appointed a friend of his to a position of authority, and he wrote to him: If you can, only go to sleep after you make sure that there is nothing on your back i.e., you do not owe anything to anyone, your stomach is empty and your hands are untainted by the blood or wealth of the Muslims. If you do that, then there will be no way (of blame) against you --

إِنَّمَا السَّبِيلُ عَلَى الَّذِينَ يَظْلِمُونَ النَّاسَ وَيَبْغُونَ فِى الاٌّرْضِ بِغَيْرِ الْحَقِّ أُوْلَـئِكَ لَهُمْ عَذَابٌ أَلِيمٌ

(The way is only against those who oppress men and rebel in the earth without justification; for such there will be a painful torment.)' Marwan said, `He spoke the truth, by Allah, and gave sincere advice. ' Then he said, `What do you need, O Abu `Abdullah' I said, `I need you to let me join my family.' He said, `Yes I will do that."' This was recorded by Ibn Abi Hatim. When Allah condemned wrongdoing and the people who do it, and prescribed Al-Qisas, He encouraged forgiveness:

وَلَمَن صَبَرَ وَغَفَرَ

(And verily, whosoever shows patience and forgives,) meaning, whoever bears the insult with patience and conceals the evil action,

إِنَّ ذَلِكَ لَمِنْ عَزْمِ الاٍّمُورِ

(that would truly be from the things recommended by Allah.) Sa`id bin Jubayr said, "This means, one of the things enjoined by Allah," i.e., good actions for which there will be a great reward and much praise.

For the requital of an evil deed is an evil deed like it the latter is also referred to as ‘an evil deed’ because in outward form it resembles the former; this is evident in what concerns retaliation for wounds. Some scholars say that even if another were to say ‘May God disgrace you!’ then one should respond equally with ‘May God disgrace you!’. But whoever pardons his wrongdoer and reconciles the amity between himself and the one pardoned his reward will be with God that is to say God will give him his reward without doubt. Truly He does not like wrongdoers that is those who initiate acts of wrongdoing and so merit His punishment.

Seventh virtue:۔ وَالَّذِينَ إِذَا أَصَابَهُمُ الْبَغْيُ هُمْ يَنتَصِرُ‌ونَ (and those who, when they are subjected to aggression, defend themselves - 39.) The original word used in the text is ` yantasirun' which may be translated as ` defend themselves' and also as ` retaliate'. In the latter case, retaliation must be equal, and should in no case exceed the limit of equality. This quality, in reality, is a further elaboration of the third virtue, i.e forgiving the opponents. It means that though forgiveness is a good quality, yet one may face certain situations where the mischief gets a fillip if one forgives, and hence it is better to take revenge in those situations. This verse has defined the rule that in those situations where taking revenge is the more suitable option, one has to take care that one does not exceed the equalizing limit, otherwise he will become unjust and transgressor. That is why this verse is followed by the verse 40, وَجَزَاءُ سَيِّئَةٍ سَيِّئَةٌ مِّثْلُهَا (and the recompense of evil is evil like it.) which lays down the equitable rule of retaliation that one may cause just as much physical or monetary harm to his opponent as he has received from him; but the condition is that causing that harm is not a sin in itself. For example, if someone has been forced by another to take an alcoholic drink, it would not be permissible for him to force the other person to take an alcoholic drink.

Although permission has been given in this verse to take revenge in equal measure, but immediately thereafter it is emphasized again that فَمَنْ عَفَا وَأَصْلَحَ فَأَجْرُ‌هُ عَلَى اللَّـهِ "the one who forgives and compromises has his reward undertaken by Allah. - 40" The instruction is that to forgive is better. More details are given in the later two verses.

The Moderate decision between forgiveness and revenge

Ibrahim Nakha (رح) has stated that former virtuous elders did not like that Muslims are disgraced and debased by the sinners and oppressors who, if not taken to task, may be encouraged to their further wrongdoings. Therefore, where it is apprehended that the sinners and oppressors would become more daring and would harass the decent people if they are forgiven, then it is better to take revenge from them. And to forgive would be better in case the transgressor is repentant, and there is no apprehension of his becoming more daring. Qadi Abu Bakr Ibn-ul-` Arabi in Ahkam-ul-Qur'an and Qurtubi in his Tafsir have concurred to the view that forgiveness and revenge are applicable as suitable, in different situations,. For one who is repentant after having transgressed, it is better to forgive and for one who is stubborn and insistent upon transgression, it is better to take revenge.

Maulana Ashraf ` Ali Thanawi (رح) ، has, however, explained the issue in Bayan-ul-Qur'an from a little different angle. He says that Allah Ta’ ala has mentioned two qualities particular to the true, sincere and virtuous Muslims in both the verses. The verse emphasizing on forgiveness tells us that they are not overcome by anger, rather kindness and generosity remains dominant in their temperament because of which they forgive the ones who commit excess against them. And in the verse that refers to revenge, we are told that it is a particular quality of these virtuous people that if at any time their heart is inclined to take revenge of an injustice and they do so, they do not exceed the equitable limit, although to forgive is always better for them.