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: 5:33-34
"Those who wage war against Allah and His Messenger" They wage war against the Messenger of Allah (ﷺ), and waging war against the Muslims is equivalent to waging war against him.
"And strive to spread corruption in the land" They are corruptors, or because their striving in the land was by way of corruption, it is treated as if it were "they corrupt in the land," thus fasadan (corruption) is in the accusative case based on the meaning. It is also permissible for it to be a maf'ul lahu (an object for which the action is done), meaning: for the sake of corruption.
It was revealed regarding the people of Hilal bin 'Uwaymir, who had a treaty with the Messenger of Allah (ﷺ). A group passed by them intending to attack the Messenger, and they (Hilal's people) intercepted them. It is also said it was revealed regarding the 'Uraniyyin. It was revealed to him (the Prophet) that whoever combines killing with taking wealth shall be killed and crucified; whoever intends only killing shall be killed; whoever intends only taking wealth shall have his hand cut off for the theft and his foot for terrorizing the path; and whoever only terrorizes shall be banished from the land. It is said this is the ruling for every highway robber, whether they are a disbeliever or a Muslim.
Its meaning:
"That they be killed" Without crucifixion, if they only committed murder.
"Or crucified" Along with being killed, if they combined murder with taking wealth. Abu Hanifa and Muhammad (may Allah have mercy on them) said: He is crucified alive and stabbed until he dies.
"Or that their hands and feet be cut off from opposite sides" If they took wealth.
"Or be banished from the land" If they did not exceed mere terrorizing.
A group, including al-Hasan and al-Nakha'i, held that the Imam has the choice between these punishments for any highway robber without preference.
"Banishment" is imprisonment according to Abu Hanifa. According to al-Shafi'i, it is banishment from one land to another, where he is constantly pursued while fleeing in fear. It is also said he is banished from his own land; they used to banish them to Dahlak (a land in the furthest part of Tihama) or Nasi' (a land in Abyssinia).
"Disgrace" Humiliation and scandal.
"Except for those who repent" An exception specifically for those punished for highway robbery. As for the rulings regarding murder, wounding, and taking wealth, these are left to the victims' guardians; if they wish, they may pardon, and if they wish, they may exact retribution.
It is reported from 'Ali (may Allah be pleased with him) that al-Harith bin Badr came to him repentant after having been a highway robber, so he accepted his repentance and averted the punishment from him.