Wednesday, January 07, 2009

4:92

Salaam all,

This is 4:92
وَمَا كَانَ لِمُؤْمِنٍ أَن يَقْتُلَ مُؤْمِنًا إِلاَّ خَطَئًا وَمَن قَتَلَ مُؤْمِنًا خَطَئًا فَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةٍ وَدِيَةٌ مُّسَلَّمَةٌ إِلَى أَهْلِهِ إِلاَّ أَن يَصَّدَّقُواْ فَإِن كَانَ مِن قَوْمٍ عَدُوٍّ لَّكُمْ وَهُوَ مْؤْمِنٌ فَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةٍ وَإِن كَانَ مِن قَوْمٍ بَيْنَكُمْ وَبَيْنَهُمْ مِّيثَاقٌ فَدِيَةٌ مُّسَلَّمَةٌ إِلَى أَهْلِهِ وَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةً فَمَن لَّمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ تَوْبَةً مِّنَ اللّهِ وَكَانَ اللّهُ عَلِيمًا حَكِيمًا
Wama kana limuminin an yaqtula muminan illa khataan waman qatala muminan khataan fatahreeru raqabatin muminatin wadiyatun musallamatun ila ahlihi illa an yassaddaqoo fain kana min qawmin AAaduwwin lakum wahuwa muminun fatahreeru raqabatin muminatin wain kana min qawmin baynakum wabaynahum meethaqun fadiyatun musallamatun ila ahlihi watahreeru raqabatin muminatin faman lam yajid fasiyamu shahrayni mutatabiAAayni tawbatan mina Allahi wakana Allahu AAaleeman hakeeman

The Aya syas:
And it is not for a person who makes himself safe (in Allah and the message) to kill another if not in error. And whoever, in error, kills a person who makes himself safe (in Allah and the message) then setting free a slave who makes self safe (in Allah and the message) and a donation delivered to his family (the family of the one who was killed) unless they forego charitably. So if he (the victim) was a person who made himself safe (in Allah and the message) and from a people who are your enemies then setting free a slave who made self safe (in Allah and the message). And if he was from people with whom you have a commitment then a donation delivered to his family and setting free a slave who makes self safe (in Allah and the message ). So, whoever does not find, then fasting two consecutive months a repentance from Allah, and Allah happened to be knowledgeable, wise.

My personal note:
There are three areas to touch on in here:

1- This Aya establishes a prohibition for killing a fellow Mumin unless in error. Error can encompass an accident and it also can include error in thought process and so forth. One will then ask, but there is capital punishment in Islam, so how can one reconcile that with this Aya?
The answer lies in the fact that this aya is not absolute, but a general rule which may allow for particular exceptions. The issue of general rules allowing particular exceptions is allowed by the Arabic language and indeed in Islamic Fiqh. The exceptions here are that capital punishment is to be enforced only by the person in authority (ruler, judge and so on) and for particular and narrow categories as mentioned in the Qur’an and Sunna.

2- The issue of the person who is killed, and is a believer, but comes from a people who are enemies. Here, it points that the person is a believer but his family is all amongst the non believers and also are enemies against the Muslims. So, the rule is to free a believing slave and no money paid to his family. This is different from the victim whose family is a believing family or from a family of non believers, but are in a pact of peace with the Muslims. In those two situations, freeing the slave and a donation to the family should be given.
3- RAQABA points to the slave or any person who is in confinement for other than a crime. The linking of setting those free as the act of repentance for killing someone in error is a powerful statement. As if one is giving life by setting them free.

Translation of the transliterated words:
Wama: and not
Kana: happened to be
Note: the root is K-W-N and it means being. KANA is an action that is completed that is derived from the root. It means: the action of being happened by the subject (third personal singular). This in turn means: He was or He happened to be
Limuminin: to one who makes himself safe (in Allah and his message)
Note: LI means to or for and so on. MUMININ is derived from the root Hamza-M-N and it means safety. MUMININ means one who makes himself safe (in Allah and His message).
An: that
Yaqtula: He kills/ fatally injures
Note: The root is Qaf-T-L and it means killing or actions that potentially can lead to death including injury and others. YAQTULA is an action that is being completed or will be completed. It means: the action of killing or fatally injuring the object (Muminan= one who makes himself safe in Allah) is happening or will be happening by the subject (third person singular).
muminan: one who makes himself safe (in Allah and the message)
Note: LI means to or for and so on. MUMININ is derived from the root Hamza-M-N and it means safety. MUMINAN means one who makes himself safe (in Allah and His message).
Illa: except/ if not
Khataan: error/ mistake
Note: the root is KH-TTa-Hamza and it means error/mistake. KHATAAN means error or mistake
Waman: and whoever
Qatala: Killed
Note: The root is Qaf-T-L and it means killing or actions that potentially can lead to death including injury and others. QATALA is an action that is completed. It means: the action of killing or fatally injuring the object (Muminan= one who makes himself safe in Allah) happened by the subject (third person singular).
muminan: one who makes himself safe (in Allah and the message)
Note: LI means to or for and so on. MUMININ is derived from the root Hamza-M-N and it means safety. MUMINAN means one who makes himself safe (in Allah and His message).
Khataan: error/ mistake
Note: the root is KH-TTa-Hamza and it means error/mistake. KHATAAN means error or mistake
Fatahreeru: then setting free
Note: Fa means then or therefore or so. TAHREERU is derived from the root Ha-R-R and it means heat or warmth in concrete and it also means freedom or being unhooked or unattached and so forth in a conceptual fashion according the context of the sentence. TAHREERU in this context means setting free an object (coming up).
Raqabatin: a neck/ a slave/ a person not in control of his or her destiny
Note: the root is R-Qaf-B and it means neck for the concrete. The abstract is used to mean surveillance because the neck is an organ of surveillance. It is also used to mean control because the neck is an organ when controlled, the whole body follows. In this context RAQABATIN=Neck carries the concept of someone not in control of his or her destiny, including a slave, a prisoner of war and many others.
muminatin: one who made herself safe (in Allah and the message)
Note: MUMINATIN is derived from the root Hamza-M-N and it means safety. MUMINATIN means one who makes herself safe (in Allah and His message). It points here to the RAQABA which is a feminine word that means: slave or someone under control of others as in prisoner and so on.
Wadiyatun: and a donation/ compensation
Note: WA is a letter that links what is before with what is after. This link is through inclusion, either one is included in the other or they are all included in the bigger sentence or bigger picture. WA often corresponds with “and/ addition” but the more encompassing meaning is in inclusion one in another or all in a bigger picture or sentence. Diyatun is derived from the root W-D-Y and in concrete is used for valley in concrete. Conceptually, it is also used for anything that has the potential to flow with water or otherwise. DIYATUN is what the killer gives to the family of the victim in compensation for their loss. It’s relation to Valley is the giving since the valley gives water.
Musallamatun: delivered/ delivered safely
Note: the root is S-L-M and it means dissociation from an entity to re-associate with another that is usually better. This carries the meaning of health and safety. It also carries the meaning of delivery from one to another and it carries the meaning of peace, since it is the dissociation from harm or anything that leads to harm. The context helps in determining the meaning. MUSALLAMATUN means delivered or delivered safely and so on.
Ila: to
Ahlihi: his family/ people
Note: the root is Hamza-H-L and one concrete meaning of the word is the fat that surrounds the back of the animal. It is used conceptually to mean family or any of the people that are closely associated with the entity being discussed. This could be because they are like the fat as in they engulf and protect and so forth and gain protection at the same time. AHLI means people of or family of. HA means her or them and it points to the safe keeps or trusts. Here, it points to his family.
Illa: except/ if not
An: that
Yassaddaqoo: they acted charitably/ they decided to forego the compensation
Note: the root is Sad-D-Qaf and it means truth in word or deed. When it is in deed, it takes the shape of charity as the act of truthfulness or that charity is considered giving what truly belongs to the ones who receive it. YASSADDAQOO is an action that is being completed or will be completed. It means: the action of making charity is happening or will be happening by the subject (third person plural). The “making charity” here points to foregoing the compensation.
Fain: therefore if
Kana: happened to be
Note: the root is K-W-N and it means being. KANA is an action that is completed that is derived from the root. It means: the action of being happened by the subject (third personal singular). This in turn means: He was or He happened to be
Min: from
Qawmin: a people
Note: the root is Qaf-Y-M and it means standing or standing upright. QAWMIN are the people that stand together and that makes the group or people or nation, basically, any group of people that stand together or form a group.
Aaaduwwin: enemy
Note: the root is Ain-D-W and it means running or overstepping boundaries since the running is a form of overstepping a boundary. Conceptually, it is also used to point to animosity since animosity stems from overstepping boundaries or enemies overstep boundaries of each other. AAaDUWWIN means enemy in this context.
Lakum: to you (plural)
Wahuwa: and he/ while he
muminun: one who makes himself safe (in Allah and the message)
Note: LI means to or for and so on. MUMININ is derived from the root Hamza-M-N and it means safety. MUMINUN means one who makes himself safe (in Allah and His message).
Fatahreeru: then setting free
Note: Fa means then or therefore or so. TAHREERU is derived from the root Ha-R-R and it means heat or warmth in concrete and it also means freedom or being unhooked or unattached and so forth in a conceptual fashion according the context of the sentence. TAHREERU in this context means setting free an object (coming up).
Raqabatin: a neck/ a slave/ a person not in control of his or her destiny
Note: the root is R-Qaf-B and it means neck for the concrete. The abstract is used to mean surveillance because the neck is an organ of surveillance. It is also used to mean control because the neck is an organ when controlled, the whole body follows. In this context RAQABATIN=Neck carries the concept of someone not in control of his or her destiny, including a slave, a prisoner of war and many others.
muminatin: one who made herself safe (in Allah and the message)
Note: MUMINATIN is derived from the root Hamza-M-N and it means safety. MUMINATIN means one who makes herself safe (in Allah and His message). It points here to the RAQABA which is a feminine word that means: slave or someone under control of others as in prisoner and so on.
Wain: and if
Kana: happened to be
Note: the root is K-W-N and it means being. KANA is an action that is completed that is derived from the root. It means: the action of being happened by the subject (third personal singular). This in turn means: He was or He happened to be
Min: from
Qawmin: a people
Note: the root is Qaf-Y-M and it means standing or standing upright. QAWMIN are the people that stand together and that makes the group or people or nation, basically, any group of people that stand together or form a group.
Baynakum: between you (plural)
Wabaynahum: and between them
Note: the Arabic way of saying between you and them is in a form of between you and between them.
Meethaqun: assurance/ security/ trust/ commitment
Note: the root is W-TH-Qaf and it means in concrete terms, the secure tying of a knot or the pasture that has lots of grass and therefore is assured of providing enough nutrition. So, the other meanings of the term are assurance and security. MEETHAQUN is an assurance or trust and security. In this context, it is a commitment of non aggression at least.
fadiyatun: then donation/ compensation
Note: FA means then or therefore or so. Diyatun is derived from the root W-D-Y and in concrete is used for valley in concrete. Conceptually, it is also used for anything that has the potential to flow with water or otherwise. DIYATUN is what the killer gives to the family of the victim in compensation for their loss. It’s relation to Valley is the giving since the valley gives water.
Musallamatun: delivered/ delivered safely
Note: the root is S-L-M and it means dissociation from an entity to re-associate with another that is usually better. This carries the meaning of health and safety. It also carries the meaning of delivery from one to another and it carries the meaning of peace, since it is the dissociation from harm or anything that leads to harm. The context helps in determining the meaning. MUSALLAMATUN means delivered or delivered safely and so on.
Ila: to
Ahlihi: his family/ people
Note: the root is Hamza-H-L and one concrete meaning of the word is the fat that surrounds the back of the animal. It is used conceptually to mean family or any of the people that are closely associated with the entity being discussed. This could be because they are like the fat as in they engulf and protect and so forth and gain protection at the same time. AHLI means people of or family of. HA means her or them and it points to the safe keeps or trusts. Here, it points to his family.
watahreeru: and setting free
Note: WA is a letter that links what is before with what is after. This link is through inclusion, either one is included in the other or they are all included in the bigger sentence or bigger picture. WA often corresponds with “and/ addition” but the more encompassing meaning is in inclusion one in another or all in a bigger picture or sentence. . TAHREERU is derived from the root Ha-R-R and it means heat or warmth in concrete and it also means freedom or being unhooked or unattached and so forth in a conceptual fashion according the context of the sentence. TAHREERU in this context means setting free an object (coming up).
Raqabatin: a neck/ a slave/ a person not in control of his or her destiny
Note: the root is R-Qaf-B and it means neck for the concrete. The abstract is used to mean surveillance because the neck is an organ of surveillance. It is also used to mean control because the neck is an organ when controlled, the whole body follows. In this context RAQABATIN=Neck carries the concept of someone not in control of his or her destiny, including a slave, a prisoner of war and many others.
muminatin: one who made herself safe (in Allah and the message)
Note: MUMINATIN is derived from the root Hamza-M-N and it means safety. MUMINATIN means one who makes herself safe (in Allah and His message). It points here to the RAQABA which is a feminine word that means: slave or someone under control of others as in prisoner and so on.
Faman: so who
Lam: not
Yajid; finds
Note: the root is W-J-D and it means in one concrete meaning the water that has accumulated in the desert. This is then used to mean a find that is really important. YAJID is an action that is derived from the root that is being completed or will be completed. It means: the action of finding is happening or will be happening by the subject (third person singular).
Fasiyamu: then fasting/ abstaining
Note: Fa means then or therefore or so. SIYAMU is derived from the root Sad-Y-M and it means abstinence or abstaining. This includes any form of abstaining including food, drink, speech and so forth. The word is used to mean fasting during the month of Ramadan but this should include other forms of abstaining to maintain the spirituality of the person. SIYAMU is the abstaining practice or the abstinence and that includes the fasting.
Shahrayni: two months
Note: the root is SH-H-R and it means the appearing moon. The concrete means known or apparent because it appears as clearly as the moon. It is also used to mean month, because the month corresponds with the appearing moon, it starts with the moon when it appears and the new month comes with the reappearance of the new moon. SHAHRAYNI means two months since it is a dual form.
mutatabiAAayni: one following the other/ consecutive
Note: the root is T-B-Ain and it means following footsteps or following behind, or joining and following. MUTATABIAAaYNI means that one is following the other immediately in a sequence.
Tawbatan: returning/repentance/ helping return/
Note: the root is T-W-B and it means repentance or the ultimate return to GOD. The concrete word that is related is TABOOT and it means coffin which is what takes us to our ultimate return to GOD or repentance. TAWBATAN means repentance or return to Allah or help to return to Allah.
Mina: from/ for
Allahi: Allah
wakana: and happened to be
Note: WA is a letter that links what is before with what is after. This link is through inclusion, either one is included in the other or they are all included in the bigger sentence or bigger picture. WA often corresponds with “and/ addition” but the more encompassing meaning is in inclusion one in another or all in a bigger picture or sentence. KANA is derived from the root K-W-N and it means being. KANA is an action that is completed that is derived from the root. It means: the action of being happened by the subject (third personal singular). This in turn means: He was or He happened to be
Allahu: Allah
Aaaleeman: knowledgeable

Note: the root is Ain-L-M and it means knowing/knowledge or knowledge of facts. AAaLEEM is the one that is very knowledgeable.
Hakeeman: Wise/ steering
Note: the root Ha-K-M and it means the steer that steers the animal. This word is used for ruling and judging as well as other meanings that contain steering as part of the concept. HAKEEM means wise or the steering. The steering means the entity that steers in the best way possible using the best tools of knowledge, compassion, justice and mercy, and that is wisdom.

Salaam all and have a great evening

Hussein

7 comments:

sa said...

Assalam_u- Alaekum brother,

The ayaat relating to freeing of slaves still confuse me as slavery doesn't exist anymore except in rare segments of some societies. Some of the mafasireen have likened the concept of freeing the neck with taking people out of bondage of financial debt by helping them out in this regard. Do you agree with the application of this concept as a valid modification in current times?
Your explanation of freeing the slave as giving new life to someone is very powerful. But there is another point that people overlook. And that is, whenever, we infringe upon the rights of others, we must try to make it up to them first to the best of our ability, and as circumstances and wisdom dictates. And then if we are unable to do that, then we seek Allah's forgiveness, in the method prescribed by Him, for that particular wrongdoing. And this is the order in this particular ayah too. Sometimes people assume that they'll amend wrongs towards others just by seeking Allah's forgiveness which may not suffice. Even in this ayah fasting for two consecutive months has been termed "tawbatan min Allah"; does that indicate the right of the wronged been erased by forgiveness from the All knowing and All-wise or the right of the wronged still remains?
Jazaka AllahuKhairun and may Allah bless you in your efforts.

hussein said...

Salaam sister,

You ask two important questions:

1- the issue of RAQABA which is translated as slave. RAQABA means neck and as a concept, it covers one who is held by the neck, as in limited in movement and also one who is constantly under surveillance. Both concepts cover slavery but can be present in other situations. Examples can include some situations of severe and deep debt. It also can include a prisoner for other than a crime, or a hostage, or even someone with a curable disease but cannot afford the cure, as in need for organ donation, or cannot pay for the medication. This is my personal opinion in general and Allah knows best.

However, one can say that slavery still exists today even though we do not call it slavery. Examples would be the women who are sold without their wills to work in the sex industry and who cannot afford to buy their way to freedom. Also, may people who are burdened with severe debt to particular people or categories and that makes them into their perpetual slaves because they cannot afford the very high interest which assures that they stay where they are.

2- Your other question is even more complex. So, there are rights in those instances towards the victim, the family of the victim and God. So, the right of the victim will always be received on the day of Judgement. The right of the family is in the form of DIYYA= donation/ compensation. The right of God is the freeing of the slave and here the analogy of giving life comes into view. God gave life while the person took that life away, so in order to pay God back for the life that was lost, then you make someone live by setting them free.

However, there is something that needs to be addressed. This is about killing by mistake. So one would ask why would one need to pay Allah for an error since Allah overlooks our errors? The answer to this may come in two fashions:

A- Even though the killing is by error, the person who killed may still be guilty, but not of murder. This guilt could be because of not paying attention, a poor intent that did mean harm but not death and many other things. So, those kinds of sins will need repentance somehow.

B- The person who kills needs to be freed from his own feeling of guilt. In this case, such actions will help that person come to a sense of peace that he or she ddi what needs to be done to be freed from that heavy burden.

In this is the interesting ending of the Aya. It goes TWBATAN min Allah = repentance or return from Allah, rather than the usual of TAWBATAN ila Allah= return or repentance to Allah. So, the us eof MIN rather than ILA may suggest that ALLAH is helping the person repent to Allah, but also to himself or herself.

In Tafsir of TABARI, he mentioned that TAWBATAN MIN ALLAH points to TAJAWUZ which would be translated as something close to overlooking or helping. And Allah knows best.

I hope this helps and take care sister

Hussein

sa said...

Thank you for the explanation.

A. Muhammad Ma`ruf said...

Assalaamu `aleykum Dr. Hussein.

Regarding

Raqabatin: a neck/ a slave/ a person not in control of his or her destiny
Note: the root is R-Qaf-B and it means neck for the concrete. The abstract is used to mean surveillance because the neck is an organ of surveillance.


When I read it first I found the assertion, “the neck is an organ of surveillance” difficult to accept. Later, in the reply to sa it has been made clear: the control of an animal, for instance by roping him/her by the neck automatically also ensures the surveillance of the animal. In that sense the neck has a realtionship to the idea of surveillance.

However, the assertion, “the neck is an organ of surveillance” , seems to say that surveillance is a function of the neck. That does not seem to fit.

Surveillance as a function involves two entities: an object of suveillance as well as one who does the surveillance. The neck picture and metaphor refers to the object of surveillance only.

Someone like me is more used to thinking of R-Qaf-B, as in relation to the name of Allah traced to that root. Does the meaning of that Name applicable to attempts to remember/think of, or know Allah, which in a remote sense can be thought of as a kind of surveillance of Allah? Here “surveillance” is something like “observing” Him in regard to His actions. But this seems to be dangerous or silly territory. As one cannot control Allah even for the sake of observing and knowing Him, howevermuch, some scientists may wish to do that. Allah is beyond all that.

hussein said...

Salaam brother,

Those are really great points of discussion. The way I see that the neck is an organ of surveillance is because it controls the head and it's range of motion. It is also the highest part of the body when it comes to man. So the higher the neck, the better the ability to survey. This is something similar to someone on top of tower, which looks like a neck and is surveying things.

The neck is a vulnerable part of the body. However, it holds the vital head. So, when one catches someone by the neck, then they are in full control of them and that is how RAQABA becomes a slave.

ALRAQEEB does mean the one who is surveying very well or effectively. You are definitely right that one cannot understand Allah's name ALRAQEEB as the one to be observed.

I hope that I am helping, but please let me know if not.

Take care brother

Hussein

A. Muhammad Ma`ruf said...

Your explanations are always helpful, brother. May Allah reward you.

The image of the neck as something like a tower and something that raises the perspective of the observer is something beautiful. It is something that can be inferred by observation of nature, particularly of certain birds, and of course the famous giraffe. But the equation seems more explicit in the Arabic meaning.

Psychologically speaking, the word “surveillance” may also be used for exercises, and activities that one engages in , by oneself or with others. Such self-surveillance, I have come to realize is also something under the surveillance of other powers and intelligences.

The discussion of the conditions of surveillance within which we live, is not related to this use of raqaba in this aya. However, I am curious about whether in ordinary Arabic discourse, raqaba or its derivatives are applicable in such discussions.

Salaam.

hussein said...

Thank you brother for your valuable thoughts. RQB as an action can often be used for self serveillance as well as surveillance by others. However, in the Qur'an, the word TAQWA and it's derivatives seems to be the one that is most related to self observation as the self relates to God. Or that this is my personal observation.

Take care brother and thank you, as always for your contribution.

Hussein