Surah At-Tawbah (9): Verse 43

'Afa Allahu 'ank (May Allah pardon you...)

Know that the Almighty, by saying: {If it had been worldly gain and a short journey, they would have followed you}, clarified that a group abstained from that expedition. However, this verse does not specify whether their abstention was with the Messenger's permission or not. When He subsequently said: {May Allah pardon you, why did you permit them?}, this indicates that some among them abstained with his permission. There are several issues concerning this:

Some scholars used this verse to argue that the Prophet (PBUH) committed a sin, based on two points:

1. The phrase {May Allah pardon you}: Pardon implies a prior sin.
2. The phrase {Why did you permit them?}: This is a rhetorical question implying censure. This suggests that the permission given was a transgression and a sin.

Qatadah and 'Amr ibn Maymun said: "There are two things the Messenger did for which he was not commanded: permitting the hypocrites [to stay behind] and accepting ransom from the captives. Allah censured him for them, as you hear."

The Response to Point 1: We do not concede that the phrase {May Allah pardon you} necessitates a sin. Could it not indicate the height of Allah's glorification and reverence for him? Just as a person might say to someone highly esteemed, "May Allah pardon you, what you did regarding my affair," or "May Allah be pleased with you, what is your answer to my speech?" or "May Allah heal you, you did not recognize my right." In this context, the purpose is only increased veneration and glorification. Al-`Ali ibn al-Jahm said when addressing Al-Mutawakkil after being exiled:

The Response to Point 2: We argue that it is not permissible to claim that {Why did you permit them?} implies censure. We state: Either a sin occurred from the Messenger in this incident, or it did not.

• If we say no sin occurred, then it is impossible for {Why did you permit them?} to be a censure against him.
• If we say a sin did occur, then the phrase {May Allah pardon you} indicates that pardon has already been granted for it. After pardon has been granted, it is impossible for censure to be directed at him.

Therefore, in all scenarios, it is impossible to claim that {Why did you permit them?} indicates the Prophet (PBUH) was sinful. This is a decisive and conclusive answer. Consequently, {Why did you permit them?} should be interpreted as referring to leaving the better and more complete course of action, especially since this incident related to matters of war and worldly interests.

Some people stated that the Prophet (PBUH) used to rule based on Ijtihad in some incidents. They supported this by citing the verse: {So take heed, O people of insight!} (Al-Hashr: 2), arguing that this is a command for people of insight to use Ijtihad, and the Prophet (PBUH) was their master, thus included in this command. They further supported this with the current verse, arguing:

Either Allah permitted him that permission, or He forbade him, or He neither permitted nor forbade.

1. The first is false, otherwise, He could not say, {Why did you permit them?}.
2. The second is also false, because under this assumption, it implies he judged by what Allah had not revealed, thus falling under the verses: {Whoever does not judge by what Allah has revealed, then those are the disbelievers} (Al-Ma'idah: 44), {those are the wrongdoers} (Al-Ma'idah: 45), and {those are the defiantly disobedient} (Al-Ma'idah: 47). This is clearly false.
3. Thus, only the third option remains: The Prophet (PBUH) permitted [the abstention] on his own initiative. This permission was either based on Ijtihad or not. If it was not based on Ijtihad, it means he ruled based purely on personal desire, which is false due to the verse: {But after them came successors who neglected prayer and pursued desires} (Maryam: 59). Therefore, the only remaining conclusion is that the Prophet (PBUH) permitted it based on Ijtihad, which proves he used to rule by Ijtihad.

If it is argued: Does this not rather prove that ruling by Ijtihad was impermissible for him, since Allah forbade him this permission by saying, {Why did you permit them?}?

We reply: Allah did not forbid him that permission absolutely, because He said: {until it becomes clear to you who are truthful and know the liars}. A ruling extended until a specific limit (the word hatta) must cease upon reaching that limit. This supports our position.

If they argue: Why can the clarification mentioned not be clarification through revelation?

We reply: What you mentioned is possible. However, under your assumption, his obligation was to refrain from judging altogether and to wait until revelation descended and the text appeared. Since he abandoned that, it became a major error. Under our assumption, this mistake was an error in Ijtihad, falling under the saying: "Whoever strives (in Ijtihad) and errs, he receives one reward." Therefore, interpreting the text this way is more appropriate.

This verse indicates the obligation to guard against haste, the necessity of verification and deliberation, and the need to avoid being deceived by the outward appearance of matters, and to exert maximum effort in investigation so that one can treat each group according to what they deserve, whether by drawing them near or pushing them away.

Qatadah said: Allah censured him, as you hear, in this verse, and then granted him a concession in Surah An-Nur: {When those who believe in Allah and the Last Day ask your leave to go out for some of their affairs, then grant leave to whom you will of them} (An-Nur: 62).

Abu Muslim Al-Asfahani said: The phrase {Why did you permit them?} does not indicate what the permission was for. It is possible that some asked permission to remain behind, and he permitted them, or that some asked permission to go out, and he permitted them, even though their going out with him was not correct because they were spies for the hypocrites against the Muslims, stirring up sedition and plotting mischief. For this reason, there was no benefit in their going out with the Messenger.

Al-Qadi [Al-Baqillani] said: This view is distant, because this verse was revealed concerning the Battle of Tabuk, as a form of censure against those who stayed behind and praise for those who hastened forward. Furthermore, what follows this verse indicates censure for those who remained seated and clarifies their condition.

**{Those who do not believe in Allah and the Last Day do not ask your leave to stay behind from striving with their wealth and their lives. And Allah is knowing of the God-fearing. Only those ask your leave who do not believe in Allah and the Last Day and whose hearts are in doubt, so in their doubt they waver. * If they had intended to go forth, Allah would have prepared them, but Allah disliked their departure, so He kept them back, and it was said, "Sit with those who remain behind."}*