Surah Maidah ayat 45 Tafsir Quran 5:45

﴿وَكَتَبْنَا عَلَيْهِمْ فِيهَا أَنَّ النَّفْسَ بِالنَّفْسِ وَالْعَيْنَ بِالْعَيْنِ وَالْأَنفَ بِالْأَنفِ وَالْأُذُنَ بِالْأُذُنِ وَالسِّنَّ بِالسِّنِّ وَالْجُرُوحَ قِصَاصٌ ۚ فَمَن تَصَدَّقَ بِهِ فَهُوَ كَفَّارَةٌ لَّهُ ۚ وَمَن لَّمْ يَحْكُم بِمَا أَنزَلَ اللَّهُ فَأُولَٰئِكَ هُمُ الظَّالِمُونَ﴾
[ المائدة: 45]

5:45 And We ordained for them therein a life for a life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth, and for wounds is legal retribution. But whoever gives [up his right as] charity, it is an expiation for him. And whoever does not judge by what Allah has revealed - then it is those who are the wrongdoers.

And therein in the Torah We prescribed We made obligatory for them that a life be slain in return for a life if it has slain one; and an eye should be gouged out for an eye and a nose is to be cut off for a nose and an ear is to be amputated for an ear and a tooth should be pulled out for a tooth a variant reading has the last four nouns in the nominative; and for wounds read wa’l-jurūhu or wa’l-jurūha retaliation that is the person is entitled to retaliate if this is feasible as in the case of a hand or a leg; but in cases where one is not able to retaliate this is left to arbitration. Although this stipulation was prescribed for them it is established in our Law; but whoever forgoes it that is retaliation out of charity able to restrain himself then that shall be an expiation for him of what he has done of other sins. Whoever does not judge according to what God has revealed in the matter of retaliation and otherwise those are the evildoers.

And We decreed in AL-Tawrah a prescriptive rule for them to observe, Thus: The life repays for the life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth and the wounds are subject to retaliation ,But he who remits the return of like for like as a charitable contribution, shall find that this act of kindness has served to expiate some of his sins. And those who do not judge matters, according to the law revealed by Allah shall be wrongful of actions

وَمَن لَّمْ يَحْكُم بِمَآ أَنزَلَ اللَّهُ فَأُوْلَـئِكَ هُمُ الْكَـفِرُونَ ( And whosoever does not judge by what Allah has revealed, such are the disbelievers. ) because they rejected Allah's command with full intention and with transgression and rebellion.
In this Ayah, Allah said, فَأُوْلَـئِكَ هُمُ الظَّـلِمُونَ ( such are the unjust. ) because they did not exact the oppressed his due rights from the oppressor in a matter which Allah ordered that all be treated equally and fairly.
Instead, they defied that command, committed injustice and transgressed against each other. A Man is Killed for a Woman Whom He Kills Imam Abu Nasr bin As-Sabbagh stated in his book, Ash-Shamil, that the scholars agree that this Ayah 5:45 should be implemented, and the Imams agree that the man is killed for a woman whom he kills, according to the general indications of this Ayah.
A Hadith that An-Nasa'i recorded states that the Messenger of Allah ﷺ had this statement written in the book that he gave `Amr bin Hazm,
«أَنَّ الرَّجُلَ يُقْتَلُ بِالْمَرْأَة»
( The man is killed for the woman (whom he kills ).) In another Hadith, the Messenger ﷺ said,
«الْمُسْلِمُونَ تَتَكَافَأُ دِمَاؤُهُم»
( Muslims are equal regarding the sanctity of their blood. ) This is also the opinion of the majority of the scholars.
What further supports what Ibn As-Sabbagh said is the Hadith that Imam Ahmad recorded that Anas bin Malik said, "Ar-Rabi` ( his aunt ) broke the tooth of a girl, and the relatives of Ar-Rabi` requested the girl's relatives to forgive ( the offender ), but they refused.
So, they went to the Prophet who ordered them to bring about retaliation.
Anas bin An-Nadr, her brother, asked, `O Allah's Messenger! Will the tooth of Ar-Rabi` be broken' The Messenger of Allah ﷺ said, `O Anas! The Book of Allah prescribes retaliation.' Anas said, `No, by Him Who has sent you with the Truth, her tooth will not be broken.
' Later the relatives of the girl agreed to forgive Ar-Rabi` and forfeit their right to retaliation.
The Messenger of Allah ﷺ said,
«إن من عباد الله من لو أقسم على الله لأبره»
( There are some of Allah's servants who, if they take an oath by Allah, Allah fullfils them. )" It was recorded in the Two Sahihs. Retaliation for Wounds Allah said, وَالْجُرُوحَ قِصَاصٌ ( and wounds equal for equal. ) `Ali bin Abi Talhah reported that Ibn `Abbas said, "Life for life, an eye for an eye, a nose, if cut off, for a nose, a tooth broken for a tooth and wounds equal for wound." The free Muslims, men and women, are equal in this matter.
And their slaves, male and female, are equal in this matter.
And this ruling is the same regarding intentional murder and lesser offenses, as Ibn Jarir and Ibn Abi Hatim recorded. An Important Ruling The retaliation for wounds should not be implemented until the wounds of the victim heal.
If retaliation occurs before the wound heals, and then the wound becomes aggravated, the victim will have no additional rights in this case.
The proof for this ruling is what Imam Ahmad narrated from `Amr bin Shu`ayb, from his father, from his grandfather that a man once stabbed another man in his leg using a horn.
The victim came to the Prophet asking for retaliation, and the Prophet said,
«حَتَّى تَبْرَأ»
( Not until you heal. ) The man again came to the Prophet and asked for equality in retaliation and the Prophet allowed him that.
Later on, that man said, "O Messenger of Allah! I limp now." The Messenger ﷺ said,
«قَدْ نَهَيْتُكَ فَعَصَيْتَنِي، فَأَبْعَدكَ اللهُ وَبَطَلَ عَرَجُك»
( I had asked you to wait, but you disobeyed me.
Therefore, Allah cast you away and your limp has no compensation. ) Afterwards, the Messenger of Allah ﷺ forbade that the wound be retaliated for until the wound of the victim heals.
If the victim is allowed to retaliate for his wound caused by the aggressor and the aggressor dies as a result, there is no compensation in this case, according to the majority of the Companions and their followers. The Pardon is Expiation for Such Offenses Allah said, فَمَن تَصَدَّقَ بِهِ فَهُوَ كَفَّارَةٌ لَّهُ ( But if anyone remits the retaliation by way of charity, it shall be for him an expiation. ) `Ali bin Abi Talhah reported that Ibn `Abbas commented that فَمَن تَصَدَّقَ بِهِ ( But if anyone remits the retaliation by way of charity ) means; "If one pardons by way of charity, it will result in expiation for the aggressor and reward for the victim." Sufyan Ath-Thawri said that `Ata' bin As-Sa'ib said that Sa`id bin Jubayr said that Ibn `Abbas said, `He who pardons the retaliation by way of charity, it will be an expiation for the aggressor and a reward for the victim with Allah." Ibn Abi Hatim recorded this statement.
Jabir bin `Abdullah said that Allah's statement, فَمَن تَصَدَّقَ بِهِ فَهُوَ كَفَّارَةٌ لَّهُ ( But if anyone remits the retaliation by way of charity, it shall be for him an expiation, ) "For the victim." This is also the opinion of Al-Hasan Al-Basri, Ibrahim An-Nakha`i and Abu Ishaq Al-Hamdani.
Imam Ahmad recorded that `Ubadah bin As-Samit said, "I heard the Messenger of Allah ﷺ saying,
«مَا مِنْ رَجُلٍ يُجْرَحُ مِنْ جَسَدِهِ جَرَاحَةً فَيَتَصَدَّقُ بِهَا، إِلَّا كَفَّرَ اللهُ عَنْهُ مِثْلَ مَا تَصَدَّقَ بِه»
( Any man who suffers a wound on his body and forfeits his right of retaliation as way of charity, then Allah will pardon him that which is similar to what he forfeited. ) An-Nasa'i and Ibn Jarir recorded this Hadith.
Allah's statement, وَمَن لَّمْ يَحْكُم بِمَآ أنزَلَ اللَّهُ فَأُوْلَـئِكَ هُمُ الظَّـلِمُونَ ( And whosoever does not judge by that which Allah has revealed, such are the unjust. ) Earlier we mentioned the statements of `Ata' and Tawus that there is Kufr and lesser Kufr, injustice and lesser injustice and Fisq and lesser Fisq.

(5:45) And therein We had ordained for them: 'A life for a life, and an eye for an eye, and a nose for a nose, and an ear for an ear, and a tooth for a tooth, and for all wounds, like for like. *74 But whosoever forgoes it by way of charity, it will be for him an expiation. *75 Those who do not judge by what Allah has revealed are indeed the wrong-doers.

And We ordained for them therein a meaning

*74).
Cf.
Exodus 21: 23-5.

*75).
Whoever forgoes his right of retaliation does a good deed which will atone for many of his sins.
The same is confirmed by a tradition of the Prophet ( peace be on him ) in which he said: 'Whoever receives an injury on his body, then pardons ( the inflictor of the injury ), his sins are atoned for to the measure of his pardoning.' ( Ahmad b.
Hanbal, Musnad, vol.
5, pp.
316, 329 - Ed. )
 

وَمَن لَّمْ يَحْكُم بِمَآ أَنزَلَ اللَّهُ فَأُوْلَـئِكَ هُمُ الْكَـفِرُونَ ( And whosoever does not judge by what Allah has revealed, such are the disbelievers. ) because they rejected Allah's command with full intention and with transgression and rebellion.
In this Ayah, Allah said, فَأُوْلَـئِكَ هُمُ الظَّـلِمُونَ ( such are the unjust. ) because they did not exact the oppressed his due rights from the oppressor in a matter which Allah ordered that all be treated equally and fairly.
Instead, they defied that command, committed injustice and transgressed against each other. A Man is Killed for a Woman Whom He Kills Imam Abu Nasr bin As-Sabbagh stated in his book, Ash-Shamil, that the scholars agree that this Ayah 5:45 should be implemented, and the Imams agree that the man is killed for a woman whom he kills, according to the general indications of this Ayah.
A Hadith that An-Nasa'i recorded states that the Messenger of Allah ﷺ had this statement written in the book that he gave `Amr bin Hazm, «أَنَّ الرَّجُلَ يُقْتَلُ بِالْمَرْأَة» ( The man is killed for the woman (whom he kills ).) In another Hadith, the Messenger ﷺ said, «الْمُسْلِمُونَ تَتَكَافَأُ دِمَاؤُهُم» ( Muslims are equal regarding the sanctity of their blood. ) This is also the opinion of the majority of the scholars.
What further supports what Ibn As-Sabbagh said is the Hadith that Imam Ahmad recorded that Anas bin Malik said, "Ar-Rabi` ( his aunt ) broke the tooth of a girl, and the relatives of Ar-Rabi` requested the girl's relatives to forgive ( the offender ), but they refused.
So, they went to the Prophet who ordered them to bring about retaliation.
Anas bin An-Nadr, her brother, asked, `O Allah's Messenger! Will the tooth of Ar-Rabi` be broken' The Messenger of Allah ﷺ said, `O Anas! The Book of Allah prescribes retaliation.' Anas said, `No, by Him Who has sent you with the Truth, her tooth will not be broken.
' Later the relatives of the girl agreed to forgive Ar-Rabi` and forfeit their right to retaliation.
The Messenger of Allah ﷺ said, «إن من عباد الله من لو أقسم على الله لأبره» ( There are some of Allah's servants who, if they take an oath by Allah, Allah fullfils them. )" It was recorded in the Two Sahihs. Retaliation for Wounds Allah said, وَالْجُرُوحَ قِصَاصٌ ( and wounds equal for equal. ) `Ali bin Abi Talhah reported that Ibn `Abbas said, "Life for life, an eye for an eye, a nose, if cut off, for a nose, a tooth broken for a tooth and wounds equal for wound." The free Muslims, men and women, are equal in this matter.
And their slaves, male and female, are equal in this matter.
And this ruling is the same regarding intentional murder and lesser offenses, as Ibn Jarir and Ibn Abi Hatim recorded. An Important Ruling The retaliation for wounds should not be implemented until the wounds of the victim heal.
If retaliation occurs before the wound heals, and then the wound becomes aggravated, the victim will have no additional rights in this case.
The proof for this ruling is what Imam Ahmad narrated from `Amr bin Shu`ayb, from his father, from his grandfather that a man once stabbed another man in his leg using a horn.
The victim came to the Prophet asking for retaliation, and the Prophet said, «حَتَّى تَبْرَأ» ( Not until you heal. ) The man again came to the Prophet and asked for equality in retaliation and the Prophet allowed him that.
Later on, that man said, "O Messenger of Allah! I limp now." The Messenger ﷺ said, «قَدْ نَهَيْتُكَ فَعَصَيْتَنِي، فَأَبْعَدكَ اللهُ وَبَطَلَ عَرَجُك» ( I had asked you to wait, but you disobeyed me.
Therefore, Allah cast you away and your limp has no compensation. ) Afterwards, the Messenger of Allah ﷺ forbade that the wound be retaliated for until the wound of the victim heals.
If the victim is allowed to retaliate for his wound caused by the aggressor and the aggressor dies as a result, there is no compensation in this case, according to the majority of the Companions and their followers. The Pardon is Expiation for Such Offenses Allah said, فَمَن تَصَدَّقَ بِهِ فَهُوَ كَفَّارَةٌ لَّهُ ( But if anyone remits the retaliation by way of charity, it shall be for him an expiation. ) `Ali bin Abi Talhah reported that Ibn `Abbas commented that فَمَن تَصَدَّقَ بِهِ ( But if anyone remits the retaliation by way of charity ) means; "If one pardons by way of charity, it will result in expiation for the aggressor and reward for the victim." Sufyan Ath-Thawri said that `Ata' bin As-Sa'ib said that Sa`id bin Jubayr said that Ibn `Abbas said, `He who pardons the retaliation by way of charity, it will be an expiation for the aggressor and a reward for the victim with Allah." Ibn Abi Hatim recorded this statement.
Jabir bin `Abdullah said that Allah's statement, فَمَن تَصَدَّقَ بِهِ فَهُوَ كَفَّارَةٌ لَّهُ ( But if anyone remits the retaliation by way of charity, it shall be for him an expiation, ) "For the victim." This is also the opinion of Al-Hasan Al-Basri, Ibrahim An-Nakha`i and Abu Ishaq Al-Hamdani.
Imam Ahmad recorded that `Ubadah bin As-Samit said, "I heard the Messenger of Allah ﷺ saying, «مَا مِنْ رَجُلٍ يُجْرَحُ مِنْ جَسَدِهِ جَرَاحَةً فَيَتَصَدَّقُ بِهَا، إِلَّا كَفَّرَ اللهُ عَنْهُ مِثْلَ مَا تَصَدَّقَ بِه» ( Any man who suffers a wound on his body and forfeits his right of retaliation as way of charity, then Allah will pardon him that which is similar to what he forfeited. ) An-Nasa'i and Ibn Jarir recorded this Hadith.
Allah's statement, وَمَن لَّمْ يَحْكُم بِمَآ أنزَلَ اللَّهُ فَأُوْلَـئِكَ هُمُ الظَّـلِمُونَ ( And whosoever does not judge by that which Allah has revealed, such are the unjust. ) Earlier we mentioned the statements of `Ata' and Tawus that there is Kufr and lesser Kufr, injustice and lesser injustice and Fisq and lesser Fisq.

( And We prescribed for them ) We obligated on the Children of Israel ( therein ) in the Torah: ( The life for the life ) that is premeditatedly killed as an expiation for this killing, ( and the eye for the eye ) that is premeditatedly ruined as an expiation for this ruination, ( and the nose for the nose ) that is premeditatedly damaged as an expiation for this damage, ( and the ear for the ear ) that is premeditatedly harmed as an expiation for this harm, ( and the tooth for the tooth ) that is premeditatedly broken as an expiation for this breaking, ( and for wounds retaliation ) as a just judgement. ( But whoso forgoeth it (in the way of charity )) whoever forgoes retaliating ( it shall be expiation for him ) i.e. for the harmed person; it is also said: for the person who harmed. ( Whoso judgeth not by that which Allah hath revealed ) Allah says: whoever does not show what the Qur’an has shown nor act according to it: ( such are wrong-doers ) who harm themselves with punishment.

And We ordained therein for them: "Life for life, eye for eye, nose for nose, ear for ear, tooth for tooth, and wounds equal for equal." But if anyone remits the retaliation by way of charity, it shall be for him an expiation. And whosoever does not judge by that which Allah has revealed, such are the Zalimun (polytheists and wrong-doers - of a lesser degree).

Page 115 English transliteration