Al-Nisa (The Women): (65) Nay, by your Lord...

Issues Discussed

There are two main opinions regarding the occasion of revelation for this verse:

1. Opinion 1 (Preferred by the author): This verse is connected to the preceding verses and was revealed concerning a dispute between a Jew and a hypocrite.
2. Opinion 2: The verse is a new beginning (musta'nafah) revealed concerning another incident. It is narrated that a man from the Ansar disputed with Al-Zubayr regarding water for irrigating palm trees. The Prophet (PBUH) initially told Al-Zubayr: "Irrigate your land first, then send the water to your neighbor's land." The Ansari man objected, saying, "Only because he is your cousin!" The Prophet's face changed color, and he then told Al-Zubayr: "Irrigate, then hold back the water until it reaches the boundary (jadr)."

The Ruling: The established legal principle here is that whoever's land is closer to the head of the valley (the water source) has the primary right to the first water and the right to complete irrigation. The Prophet (PBUH) initially permitted Al-Zubayr to irrigate based on leniency (musāmaḥah). When the opponent behaved improperly and failed to recognize the right granted by the Prophet's initial leniency, the Prophet commanded him to take his full right (istīfā') as a matter of completeness, forcing the opponent to accept the bitter truth.

There are two views:

1. View 1: The lā is superfluous (mūzāfah), meaning "By your Lord," similar to the verse: {By your Lord, We will surely question them all} (15:92). The lā is added for emphasis, like its addition in {li-la ya'lamū} (so that they may not know) to emphasize the necessity of knowledge, and the lā in the response to the oath (the jawāb al-qasam).
2. View 2: The lā is meaningful (mū'fifah). Al-Wāḥidī mentioned two interpretations for this:
   • It negates a preceding matter. The meaning is: "It is not as they claim that they believe while contradicting your judgment." Then the oath begins: "By your Lord, they do not believe until they make you judge..."
   • It emphasizes the negation that follows, as mentioning negation at the beginning and the end of a statement makes it stronger and better.

• Shajara (شجر): The root shajara yashjuru shujūran wa shajaran means to be mixed or intertwined. Shājara-hu means he disputed with him, due to the intermingling of their words during the dispute. The wooden frame of a hawdaj (litter) is called shijār because its parts interlock. Abū Muslim al-Iṣfahānī suggests this is derived from the intertwining of tree branches.
• Ḥaraj (حرج): Means narrowness or tightness. Al-Wāḥidī states that densely intertwined trees, which are difficult to access, are called ḥaraj, and its plural is ḥirāj.
• Taslīm (التسليم): This is derived from the form taf'īl. Sallama fulān means he was safe and no calamity afflicted him. Sallamtu hādhā al-shay'a li-fulān means it was delivered to him purely, without dispute. If intensified (mushaddad), sallamtu lahu means he delivered it to him and cleared it for him. All uses of taslīm revert to this origin:
  • Sallama 'alayhi (He greeted him): He supplicated for his safety (salāmah).
  • Sallam ilayhi al-wadī'ah (He handed over the deposit): He delivered it without contest.
  • Sallama li-ḥukmihi (He submitted to his judgment): He accepted it.
  • Sallama li-fulānin fī kadhā (He yielded to so-and-so concerning such-and-such): He ceased disputing it.
  • Sallama amrahu li-llāh (He entrusted his affair to God): Meaning he saw no effect or partnership for himself in his affair, knowing that the sole effective Creator is God, without partner.

The verse {Nay, by your Lord, they will not believe...} is an oath by God stating that they will not attain the quality of belief (Imān) until certain conditions are met:

Condition 1: Submission to the Prophet's Judgment {...until they make you judge concerning what they dispute among themselves.} This proves that whoever is not content with the Messenger's judgment is not a believer.

Some scholars use this verse to argue that knowledge of God (ma'rifat Allāh) is only possible through the guidance of the infallible Prophet. They argue that since belief is not achieved until they seek the Prophet's judgment in all disputes, and since scholars differ on the attributes of God (some denying them, some likening Him, some holding the Qadarite or Jabrite views), belief is only attained through the Prophet's guidance. They assert that most human intellects are deficient, while the Prophet's intellect is complete and luminous. When its light connects with the community's intellects, their intellects are strengthened, moving from deficiency to completeness, enabling them to grasp divine secrets. This is supported by the fact that those during the Prophet's time were certain and possessed complete faith, whereas those far removed from him became confused or disagreed—these differing schools only arose after the time of the Companions and Successors.

Counter-Argument: If this reasoning is based on the intellect, one might question the validity of the reasoning itself if the intellect is deemed deficient. Furthermore, knowledge of prophethood depends on knowledge of God, so making knowledge of God dependent on knowledge of prophethood leads to a circular argument (dawr), which is impossible.

Condition 2: Inner Acceptance {...then find no discomfort in their souls concerning what you have judged.} Al-Zajjāj explained this as: "Their breasts are not constricted by your judgment."

While one might outwardly accept the Prophet's ruling but not inwardly, this verse clarifies that inner acceptance is mandatory. However, the inclination or aversion of the heart is beyond human control. Therefore, the intended meaning is that certainty and conviction must arise in the heart that what the Messenger judges is the truth and reality.

Condition 3: Outward Submission {...and submit to [Your judgment] with complete submission.} Even if one knows in their heart that the judgment is true, they might refuse to accept it out of stubbornness or hesitate in accepting it. God clarifies that just as inner conviction is necessary for faith, outward submission (taslīm) is also necessary. Thus, {then find no discomfort in their souls concerning what you have judged} refers to inner compliance, and {and submit to [Your judgment] with complete submission} refers to outward compliance.

The verse indicates that the Prophets (peace be upon them) are infallible from error in issuing legal opinions (fatwā) and judgments. God mandated obedience to their rulings, emphasized this obligation greatly, and required both outward and inward submission. This negates the possibility of error on their part. This principle is used to interpret verses like: {May God pardon you! Why did you give them permission?} (9:43), His ruling concerning the captives of Badr, {Why do you prohibit yourself from what God has made lawful for you?} (66:1), and {He frowned and turned away} (80:1)—all of which must be interpreted according to the established principles summarized in this book.

Some jurists argue that the apparent command in {then find no discomfort...} implies obligation (wujūb). This view is weak because the judgment (qaḍā') itself is already binding (ilzām), and there is no dispute that it is obligatory.

The apparent meaning of the verse suggests that it is impermissible to restrict the explicit text (naṣṣ) by means of analogy (qiyās). This is because the verse mandates absolute adherence to the Prophet's word and judgment, forbidding deviation to anything else. Such emphasis is rarely found in other obligations, suggesting that the generality of the Qur'an and Sunnah must take precedence over the ruling derived from analogy. The phrase {then find no discomfort in their souls concerning what you have judged} supports this, as discomfort arises when an analogy leads to the opposite of the text's meaning. The verse indicates that faith is only complete after ignoring such discomfort and submitting entirely to the text. This argument is strong and sound for the just person.

The Mu'tazilites argue that if obedience and disobedience were by God's decree (qaḍā'), contradiction would result. If the Messenger judges that a person must not do a certain act, all responsible people must accept this judgment because it is the Messenger's judgment, and accepting the Messenger's judgment is obligatory based on this verse. If that person then performs the act contrary to the Messenger's ruling, and if sins are by God's decree, then that act was by God's decree. Since accepting God's decree is obligatory, it must be obligatory for people to accept that act. Thus, they would be obligated to accept both the act and its omission, which is impossible.

The Response: The qaḍā' (judgment) of the Messenger refers to the legislated ruling (al-fatwā al-mashrū'ah), whereas God's qaḍā' refers to the existential decree and creation (al-takwīn wa al-ījād). These are two distinct concepts, so combining them does not lead to contradiction.