Al-Anfal: (38) Say to those who disbelieve...

Know that when the Almighty explained their standing in their physical acts of worship and their financial acts of worship, He guided them to the right path and said: {Say to those who disbelieve, if they desist...}

There are several issues concerning this verse:

Issue 1: The Address (Qul)

The author of Al-Kashshaf stated that {Say to those who disbelieve} means: Say this statement for them, which is: {if they desist, He will forgive them}. If the meaning were to address them directly, it would have been phrased as “If you (plural) desist, He will forgive you.” Ibn Mas'ud narrated it this way (implying direct address).

Issue 2: The Meaning of Forgiveness and the Precedent of the Ancients

The meaning is that if these disbelievers cease their disbelief and enmity toward the Messenger, enter Islam, and adhere to its laws, Allah will forgive what preceded of their disbelief and enmity toward the Messenger. If they return to it and persist, then the precedent of the former peoples has passed.

There are several interpretations for this:

1. The intended meaning is the precedent of the former peoples among them whose plotting afflicted them on the Day of Badr.
2. The precedent of the former peoples who allied against their Prophets from the nations that have passed; thus, they should expect the like if they do not desist.
3. The meaning is that if the disbelievers desist from disbelief and embrace Islam, Allah forgives what preceded of disbelief and sins. If they revert, then the precedent of the former peoples has passed, which is established by His saying: {Allah has decreed: "I and My messengers will be victorious"} (Al-Mujadila: 21), and {And indeed, Our word has preceded} (As-Saffat: 171), and {And We have written in the Psalms after the Reminder that My righteous servants shall inherit the earth} (Al-Anbiya: 105).

Issue 3: The Acceptance of the Repentance of the Heretic (Zindiq)

The jurists differed on whether the repentance of a heretic is accepted or not. The correct view is that it is accepted, for several reasons:

1. This verse: His saying {Say to those who disbelieve, if they desist, He will forgive them what has passed} encompasses all types of disbelief.
   • Objection: How do we know if the heretic has truly ceased his heresy?
   • Response: The rulings of the Sharia are based on outward appearances, as the Prophet (peace be upon him) said: (We judge by the apparent state.) Therefore, when he returns (to the fold), accepting his statement is obligatory.
2. Undoubtedly, he is obligated to return, and he has no path to do so except through this repentance. If it were not accepted, it would necessitate commanding what is impossible.
3. The Almighty's saying: {And He it is Who accepts the repentance from His servants and pardons the evil deeds} (Ash-Shura: 25).

Issue 4: The Obligation of Subsidiary Rulings (Furu' al-Shara'i) upon Disbelievers

Abu Hanifa's companions used this verse as evidence that disbelievers are not addressed with the subsidiary rulings of the Law. They argued that if they were addressed with them, they would either be addressed while still disbelieving or after the disbelief ceases. The first is false by consensus, and the second is false because this verse indicates that the disbeliever, after embracing Islam, is not held accountable for anything that occurred during his time of disbelief. Imposing the fulfillment (Qada') of those acts of worship contradicts the apparent meaning of this verse.

Issue 5: The Obligation of Making Up Missed Acts by an Apostate (Murtad)

Abu Hanifa, may Allah have mercy on him, used this verse as evidence that if an apostate embraces Islam, he is not required to make up the acts of worship he abandoned during his apostasy or before it. The evidence for this is apparent from the text.

Issue 6: The Efficacy of Islam

The Prophet (peace be upon him) said: (Islam wipes away what preceded it.) Thus, when a disbeliever embraces Islam, he is not required to make up any physical or financial acts of worship. Any harm he inflicted upon a person or property is pardoned, and he is like the day his mother gave birth to him at the moment of his Islam. Yahya ibn Mu'adh al-Razi said concerning this verse: "The Tawhid (Oneness of God) of one hour demolishes the disbelief of seventy years. And if the Tawhid of seventy years can do that, how can it not demolish the sin of one hour?"

{And fight them until there is no more Fitnah (trial/persecution) and [until] the religion, all of it, is for Allah. But if they cease—then indeed, Allah, of what they do, is Seeing.}

{But if they turn away—then know that Allah is your Protector. Excellent is the Protector, and Excellent is the Helper.}