Al-Baqarah: (179) And for you in retaliation...

Know that when the Almighty established retaliation (Qisas) in the preceding verse, and since retaliation is a form of causing pain, a question arises: How is it fitting for the perfection of His Mercy to inflict pain upon a weak servant? To address this question, He immediately mentioned the wisdom behind legislating retaliation, saying: {And for you in retaliation is life}.

There are several issues concerning this verse:

Issue 1: Interpretations of the Verse

There are several ways to understand this verse:

The First View: The verse does not mean that retaliation itself is life, because retaliation is the removal of life, and the removal of a thing cannot be the thing itself. Rather, it means that the legislation of retaliation leads to life for:

1. The intended killer: If he knows that if he kills, he will be killed in return, he will refrain from killing and thus remain alive.
2. The intended victim: If someone intends to kill him, but fears retaliation, he will refrain from killing, and the victim will remain unkilled.
3. Others: The legislation of retaliation preserves those who are about to commit murder (or those who are about to incite it). Because murder causes great strife, leading to warfare that might result in the death of many people. Envisioning the legislation of retaliation removes all that strife, and its removal is life for everyone.

The Second View: The verse means that retaliation itself is the cause of life. This is because when the blood-shedder is subjected to retribution, those intending to kill are deterred from proceeding, thus becoming a cause for the preservation of life.

Note that the reasoning mentioned above is not exclusive to retaliation involving killing; it also applies to retaliation involving bodily harm (like wounds). If someone knows that if he wounds an enemy, he will be retaliated against, this deters him from aggression, thus preserving both lives (the injurer and the injured, as the wound might lead to death). Furthermore, even wounds that do not incur Qisas (retaliation in kind) are covered, because the aggressor cannot be certain that his injury will not lead to the loss of life, thus necessitating Qisas. Therefore, the fear of retaliation is present in the mind.

The Third View: The meaning of Qisas here is the obligation of equality (justice). Thus, the meaning is that establishing equality brings life to the non-killer, because the non-killer will not be killed unjustly, unlike the practice of the people of Jahiliyyah (ignorance). This is the view of Al-Suddi.

The Fourth View: Abu Al-Jawza’ read it as: {And for you in the Qisas [what has been related] is life} (with a Dammah on the Qaf of Qisas), meaning: what has been related to you concerning the ruling of killing and retaliation is life. Another interpretation is that {Al-Qisas} refers to the Qur'an, meaning: in the Qur'an, there is life for the hearts, similar to His saying: {a spirit from Our command *and to revive whomever We will from among Our servants with clear proof} (Al-Baqarah: 21). And Allah knows best.

Issue 2: Eloquence of the Verse

The scholars of rhetoric agree that this verse possesses the highest degree of conciseness while encompassing profound meanings. The Arabs used many phrases to express this concept, such as: "Killing some is the revival of all," or "Increase killing so that killing may decrease." The most eloquent saying attributed to them in this regard is: "Killing is the most effective repellant of killing."

However, the wording of the Qur'an is more eloquent than these sayings. The difference is apparent in several ways:

1. Conciseness: {And for you in retaliation is life} is shorter than all others. The phrase "And for you" is not part of the core concept, as it is implied in all other expressions (e.g., "Killing some is the revival of all" requires the implied subject). If you reflect, you will realize that {in retaliation is life} is more concise than "Killing is the most effective repellant of killing."
2. Meaning: The phrase "Killing is the most effective repellant of killing" superficially suggests that a thing causes its own negation, which is impossible. However, {in retaliation is life} is not like that. The mentioned type of killing is Qisas, and it is made the cause of a type of life (life in general is mentioned indefinitely, not absolutely).
3. Repetition: The saying "Killing is the most effective repellant of killing" involves the repetition of the word "killing," whereas {in retaliation is life} does not.
4. Scope of Benefit: "Killing is the most effective repellant of killing" only implies deterrence from killing. {in retaliation is life} implies deterrence from killing, wounding, and other harms, thus encompassing more benefits.
5. Primary Goal: Negating killing is a secondary outcome, as it implies the attainment of life. In the verse, attaining life is the primary objective, making the verse superior.
6. Context of Killing: Unjust killing is killing, yet it does not negate killing; rather, it causes an increase in killing. Only the specific killing—retaliation (Qisas)—is what negates the occurrence of killing. Thus, the apparent meaning of the Arabs' saying is flawed, whereas the verse is sound in both appearance and underlying meaning.

Issue 3: Theological Debate (The Mu'tazila Argument)

The Mu'tazila used this verse to refute the position of the Ahl al-Sunnah, who state: "If the murdered person had not been killed, he would have died anyway [due to his predetermined lifespan]."

The Mu'tazila argued: Even if legislating Qisas deters the intended killer, the victim would die whether this killer killed him or not. Therefore, legislating Qisas does not lead to the attainment of life.

Response: We only apply this principle to the person who was killed (stating he would have died anyway). We do not apply it to the person who was intended to be killed but was not killed. Thus, what you argue does not follow.

Counter-Response (from the Judge): Is it not true that when you say, "If he had not been killed, he would have died," you are commenting on the state of every person whose killing was possible at that time? If you assert that he would have died, you confirm that in any situation where his killing was possible, his death was inevitable. This validates the point we raised against you, because, according to your view, he must die either because an obstacle prevented the killer, or because the killer feared retaliation. In either case, his death was certain, which confirms our argument.

Regarding the Almighty's saying: {And fear Me, O people of understanding}

This addresses the intellectually sound people who recognize consequences and understand sources of fear. When they intend to attack their enemies and know they will be subject to retaliation, this knowledge deters them. A rational person does not wish to destroy another by destroying himself. When he fears this consequence, his fear causes him to refrain. This fear is generated by the contemplation mentioned earlier, which is guided by an intellect that leads to such thought. Those lacking intellect are not guided to this contemplation, and thus this fear does not arise in them. This is why Allah specifically addressed Ulul-Albab (people of understanding).

Regarding the Almighty's saying: {that you may become righteous}

There are several issues concerning this phrase:

The word La'alla implies hope or expectation, which is only appropriate for someone who does not know all things. The answer to this has already been provided in the commentary on His saying: {O mankind, worship your Lord, who created you and those before you, that you may become righteous} (Al-Baqarah: 21).

Al-Jubba'i argued that this indicates Allah wills righteousness from everyone, whether it is known in His knowledge that they will be righteous or not, contrary to the view of the Mujbirah (fatalists). This has also been previously answered in the commentary on that verse.

There are two views on the meaning of this phrase:

1. The view of Al-Hasan and Al-Asamm: It means that you may become righteous specifically by fearing retaliation for murder.
2. The view that it means righteousness in all aspects, without restriction. It is better to apply it generally. It is known that Allah only prescribed difficult obligations, like Qisas and others, so that people might guard themselves against the Fire by avoiding sins and refraining from them. Since this is the primary objective, the statement must be interpreted accordingly.

The Fifth Ruling

{Prescribed for you, when death approaches one of you, if he leaves behind wealth, is a bequest for the parents and close relatives in a fair manner—an obligation upon the righteous.}