Surah Al-Ma'idah 5:34
ﲐ ﲑ ﲒ ﲓ ﲔ ﲕ ﲖ ﲗ ﲘ ﲙ ﲚ ﲛ ﲜ ﲝ
Except for those who return [repenting] before you apprehend them. And know that Allah is Forgiving and Merciful.
ﲐ ﲑ ﲒ ﲓ ﲔ ﲕ ﲖ ﲗ ﲘ ﲙ ﲚ ﲛ ﲜ ﲝ
Except for those who return [repenting] before you apprehend them. And know that Allah is Forgiving and Merciful.
Tafsir
Verse range: 5:34
Al-Shafi'i, may Allah have mercy upon him, said: After explaining what is obligatory upon these belligerents (those waging war against Muslims, *muharibun*), he made an exception for the case where they repent before they are apprehended.
The precise ruling here is: Whatever obligations stemming from these rulings relate to the **Rights of Allah** (*huquq Allah*), those obligations are dropped upon this repentance. However, whatever relates to the **Rights of Mankind** (*huquq al-Adamiyyin*) is **not** dropped.
Thus, if these belligerents kill a person and then repent before being apprehended, the heir of the victim still retains their right to retribution (*qisas*) or pardon. However, the *obligation* of execution due to the crime is removed because of this repentance. If they seized property, they are obligated to return it, but the penalty of cutting off the hand or foot is not incumbent upon them.
But if they repent *after* being apprehended, the apparent meaning of the verse suggests that repentance does not benefit them, and the prescribed legal punishments (*hudud*) are carried out against them.
Al-Shafi'i, may Allah have mercy upon him, also suggested that **every *hadd* related to the Right of Allah is dropped by repentance**. He cited the case of Ma'iz, who, after being stoned (for adultery), demonstrated his repentance. When they finished stoning him, they mentioned this to the Messenger of Allah (peace be upon him), who said, "Why did you not leave him?" or words to that effect. This indicates that repentance causes every obligation related to the Right of Allah to be dropped from the accountable person.