Topic: And Man
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وَٱلسَّارِقُ وَٱلسَّارِقَةُ فَٱقْطَعُوٓا۟ أَيْدِيَهُمَا جَزَآءًۢ بِمَا كَسَبَا نَكَٰلًا مِّنَ ٱللَّهِ ۗ وَٱللَّهُ عَزِيزٌ حَكِيمٌ
这节经文中, “凡男女盗窃的” 这几个字中, 男在女之前, 因为男人偷窃的事情比女人偷窃的更为常见, 而在24:3经文中, 女私通者这个单词放在男私通者之前, 因为私通这种罪行女的比男的更容易犯。用词方面的这种安排, 说明 «古兰经» 文中不仅在各节经文间存在着充满智慧的安排顺序像在别处所表示者, 而且在单词与单词之间也有这样的顺序。对偷窃所规定的惩罚似乎太严厉了些。但是, 人们的经验告诉我们, 惩罚如果有威慑性, 就会有警戒性。对一个人严厉而挽救了一千个人, 比放纵所有的人而毁灭了许多人要强。一个在切除一条已腐烂的肢体来挽救一个人整个身体之前毫不犹豫的医生, 肯定是一个好的外科医生。在伊斯兰教最盛时期, 切割窃贼双手的事例非常非常少, 因为规定的惩罚是有威慑性而且是真正要执行的。即使在今天, 执行 «古兰经» 中所规定的有关偷窃的惩罚的阿拉伯土地上, 偷窃的事件也是非常稀少的。为了对这一惩罚的性质有一正确的理解, 必须知道对这里用的两个单词 قَطْع (Qat‘) 和 يَدْ (Yad) 的直义和隐喻的用法。قَطَعَهٗ بِالْحُجَّةِ (Qata‘a-hu bil-Hujjati) 这一阿拉伯习用语的意思是, 他用论据使他哑口无言 (Lane)。而 يَدْ (Yad), 除了别的以外, 意思是做某一事的能力。因此, قَطَعَ يَدَه (Qata‘a Yada-hu) 这一短语隐喻的意思是他剥夺了他做这件事的能力; 或他制止他做这件事。见12:32。鉴于这两个单词的这种意义, 这节经文中用的阿拉伯习用词的意思可以是 “剥夺他们犯偷窃罪的能力或使用任何
0特意计划的实际方法来制止犯偷窃罪。” 从这节经文的直义看, 经文中所规定的惩罚是极大的惩罚, 而极大的惩罚只给予那些极罕见的案例, 较小的惩罚是采用实际的方法来剥夺或制止罪犯的能力。在给予惩罚时, 也必须考虑所有当时情况的性质和范围。而且, 使用 اَلسَّارِقْ (as-Sariq) 这个单词--------它是一个名词, (而不使用动词 سَرَقَ (Saraqa, 他偷了), 含有剧烈程度的意思, 意指一个惯偷或值得特殊考虑的犯了偷窃癖的罪犯。学者们对于偷窃多少数目的钱财才给予规定的惩罚这点上意见不一。但按照一些传统做法, 这个数目是三迪拉姆或第纳尔的四分之一, 按照另外一些学者的意见, 从树上偷果实或在旅途上犯偷窃罪, 是不切断手的。(Dawud) 教长阿布·哈尼法 (اَبُوْحَنِيْفَهْ, Abu Hanifah) 认为十个迪拉姆 (دِرْهَمْ, dirhams), 而教长马立克 (مَالِكْ, Malik) 和教长沙菲 (شَافِعِی, Shafi‘i) 认为三个迪拉姆是最小的数目。宗教家们的这种意见方面的差异表明, 审判者在给予刑罚的形式和轻重方面可以有许多决定的自由。
Whereas in this verse the words the man who steals have been put before the words the woman who steals because stealing is more common among men than among women, in 24:3 the word fornicatress precedes the word fornicator because the guilt of fornication can more easily be proved against women than against men. This arrangement of words shows that there exists not only an intelligent order in the verses of the Qur’an, as shown elsewhere, but also an intelligent order in its words. The punishment prescribed for stealing may appear to be too severe. But human experience shows that punishment, if it is to be deterrent, should be exemplary. It is better to be severe to one and save a thousand than to be indulgent to all and ruin many. He certainly is a good surgeon who does not hesitate to amputate a rotten limb to save the whole body. In the heyday of Islam there were extremely rare cases of the cutting of hands of thieves because the punishment prescribed was deterrent and was p
Commentary:
In this verse the words, the man who steals, have been put before the words, the woman who steals, because stealing is more common among men than among women, while in 24:3 the word fornicatress precedes the word fornicator because the guilt of fornication is generally more easily proved against women than against men. This arrangement of words shows that there exists not only an intelligent order in the verses of the Quran, as shown elsewhere, but also an intelligent order in its words as well.
The punishment prescribed for a thief in this verse may appear to be too severe in the sight of those who are swayed by false sentiments. But the experience of the world shows that punishment, if it is to be deterrent, should be severe and exemplary. It is better to be severe to one and save a thousand than to be indulgent to all and ruin many. The God of Islam would not make Muslims spoilt children. When Islam was in power, there were very few cases of the cutting-off of the hands of thieves for the obvious reason that in view of the deterrent punishment prescribed by Islam there were very few cases of theft. Nowadays, however, when false sentiment prevails, thieves are given a light punishment, with the result that cases of theft are appallingly on the increase. He is certainly not a good surgeon who hesitates to amputate a rotten limb and thereby destroys the whole body.
As for the definition of the word ید (hand) ‘Ali, Son-in-law and Fourth Successor of the Holy Prophet, holds that only the fingers of a thief are to be cut off (Ma‘ani, vol. ii, p. 304); while most scholars are of the view that the hand is to be cut off at the wrist.
Theologians differ as to the least amount of money or property stolen for which the prescribed punishment is to be inflicted. Imam Abu Hanifah held it to be ten dirhams, while Imam Malik and Imam Shafi‘i considered three dirhams or a quarter of a dinar to be the least amount, dirham and dinar being old silver and gold coins respectively. Both the above views are based on different interpretations of the sayings of the Holy Prophet.
A dirham or a drachm (dram) is believed to be one-sixteenth part of an oz. in avoirdupois weight or one-eighth part of an ounce in apothecaries weight, while a dinar is equal to 71 and a half barley-corns (Lane and New Standard Dictionary).
377
这节经文中, “凡男女盗窃的” 这几个字中, 男在女之前, 因为男人偷窃的事情比女人偷窃的更为常见, 而在24:3经文中, 女私通者这个单词放在男私通者之前, 因为私通这种罪行女的比男的更容易犯。用词方面的这种安排, 说明 «古兰经» 文中不仅在各节经文间存在着充满智慧的安排顺序像在别处所表示者, 而且在单词与单词之间也有这样的顺序。对偷窃所规定的惩罚似乎太严厉了些。但是, 人们的经验告诉我们, 惩罚如果有威慑性, 就会有警戒性。对一个人严厉而挽救了一千个人, 比放纵所有的人而毁灭了许多人要强。一个在切除一条已腐烂的肢体来挽救一个人整个身体之前毫不犹豫的医生, 肯定是一个好的外科医生。在伊斯兰教最盛时期, 切割窃贼双手的事例非常非常少, 因为规定的惩罚是有威慑性而且是真正要执行的。即使在今天, 执行 «古兰经» 中所规定的有关偷窃的惩罚的阿拉伯土地上, 偷窃的事件也是非常稀少的。为了对这一惩罚的性质有一正确的理解, 必须知道对这里用的两个单词 قَطْع (Qat‘) 和 يَدْ (Yad) 的直义和隐喻的用法。قَطَعَهٗ بِالْحُجَّةِ (Qata‘a-hu bil-Hujjati) 这一阿拉伯习用语的意思是, 他用论据使他哑口无言 (Lane)。而 يَدْ (Yad), 除了别的以外, 意思是做某一事的能力。因此, قَطَعَ يَدَه (Qata‘a Yada-hu) 这一短语隐喻的意思是他剥夺了他做这件事的能力; 或他制止他做这件事。见12:32。鉴于这两个单词的这种意义, 这节经文中用的阿拉伯习用词的意思可以是 “剥夺他们犯偷窃罪的能力或使用任何
0特意计划的实际方法来制止犯偷窃罪。” 从这节经文的直义看, 经文中所规定的惩罚是极大的惩罚, 而极大的惩罚只给予那些极罕见的案例, 较小的惩罚是采用实际的方法来剥夺或制止罪犯的能力。在给予惩罚时, 也必须考虑所有当时情况的性质和范围。而且, 使用 اَلسَّارِقْ (as-Sariq) 这个单词--------它是一个名词, (而不使用动词 سَرَقَ (Saraqa, 他偷了), 含有剧烈程度的意思, 意指一个惯偷或值得特殊考虑的犯了偷窃癖的罪犯。学者们对于偷窃多少数目的钱财才给予规定的惩罚这点上意见不一。但按照一些传统做法, 这个数目是三迪拉姆或第纳尔的四分之一, 按照另外一些学者的意见, 从树上偷果实或在旅途上犯偷窃罪, 是不切断手的。(Dawud) 教长阿布·哈尼法 (اَبُوْحَنِيْفَهْ, Abu Hanifah) 认为十个迪拉姆 (دِرْهَمْ, dirhams), 而教长马立克 (مَالِكْ, Malik) 和教长沙菲 (شَافِعِی, Shafi‘i) 认为三个迪拉姆是最小的数目。宗教家们的这种意见方面的差异表明, 审判者在给予刑罚的形式和轻重方面可以有许多决定的自由。
672
Commentary:
In this verse the words, the man who steals, have been put before the words, the woman who steals, because stealing is more common among men than among women, while in 24:3 the word fornicatress precedes the word fornicator because the guilt of fornication is generally more easily proved against women than against men. This arrangement of words shows that there exists not only an intelligent order in the verses of the Quran, as shown elsewhere, but also an intelligent order in its words as well.
The punishment prescribed for a thief in this verse may appear to be too severe in the sight of those who are swayed by false sentiments. But the experience of the world shows that punishment, if it is to be deterrent, should be severe and exemplary. It is better to be severe to one and save a thousand than to be indulgent to all and ruin many. The God of Islam would not make Muslims spoilt children. When Islam was in power, there were very few cases of the cutting-off of the hands of thieves for the obvious reason that in view of the deterrent punishment prescribed by Islam there were very few cases of theft. Nowadays, however, when false sentiment prevails, thieves are given a light punishment, with the result that cases of theft are appallingly on the increase. He is certainly not a good surgeon who hesitates to amputate a rotten limb and thereby destroys the whole body.
As for the definition of the word ید (hand) ‘Ali, Son-in-law and Fourth Successor of the Holy Prophet, holds that only the fingers of a thief are to be cut off (Ma‘ani, vol. ii, p. 304); while most scholars are of the view that the hand is to be cut off at the wrist.
Theologians differ as to the least amount of money or property stolen for which the prescribed punishment is to be inflicted. Imam Abu Hanifah held it to be ten dirhams, while Imam Malik and Imam Shafi‘i considered three dirhams or a quarter of a dinar to be the least amount, dirham and dinar being old silver and gold coins respectively. Both the above views are based on different interpretations of the sayings of the Holy Prophet.
A dirham or a drachm (dram) is believed to be one-sixteenth part of an oz. in avoirdupois weight or one-eighth part of an ounce in apothecaries weight, while a dinar is equal to 71 and a half barley-corns (Lane and New Standard Dictionary).
744
Whereas in this verse the words the man who steals have been put before the words the woman who steals because stealing is more common among men than among women, in 24:3 the word fornicatress precedes the word fornicator because the guilt of fornication can more easily be proved against women than against men. This arrangement of words shows that there exists not only an intelligent order in the verses of the Qur’an, as shown elsewhere, but also an intelligent order in its words. The punishment prescribed for stealing may appear to be too severe. But human experience shows that punishment, if it is to be deterrent, should be exemplary. It is better to be severe to one and save a thousand than to be indulgent to all and ruin many. He certainly is a good surgeon who does not hesitate to amputate a rotten limb to save the whole body. In the heyday of Islam there were extremely rare cases of the cutting of hands of thieves because the punishment prescribed was deterrent and was p
وَلَا تَقْتُلُوا۟ ٱلنَّفْسَ ٱلَّتِى حَرَّمَ ٱللَّهُ إِلَّا بِٱلْحَقِّ ۗ وَمَن قُتِلَ مَظْلُومًا فَقَدْ جَعَلْنَا لِوَلِيِّهِۦ سُلْطَٰنًا فَلَا يُسْرِف فِّى ٱلْقَتْلِ ۖ إِنَّهُۥ كَانَ مَنصُورًا
6:152; 25:69.
6:152; 25:69.
In the preceding two verses reference was made to the two indirect ways of slaying. The verse under comment speaks of direct murder. After the murderer is convicted by a properly constituted court, the heirs of the murdered person have the right either to have the murderer legally executed or accept blood money in lieu of the death of the murdered person. If, however, it is against the interests of public peace or morality to allow blood money to the heirs or if the demand of the heirs be found to be not bona-fide, the court may refuse to accept their option and order the murderer’s execution. In fact, both the heirs and the State equally share the right to pardon or punish the guilty person. This right of the State in regard to the punishment of the guilty person covers all matters to which the injunction about retribution applies. Whereas in the earlier part of the verse the rights of the party offended against have been safeguarded, the words, let him not exceed the prescribed bounds in slay
6:152; 25:69.
Commentary:
In the preceding two verses reference was made to the two indirect ways of killing. The verse under comment, however, speaks of direct murder. It declares it unlawful to kill a soul, the killing of which has been forbidden by God.
The word نفس (soul) means anything which breathes and therefore includes all living things. So the words, which Allah has forbidden, have been added in order to restrict their application to man, it being lawful to kill other animals except under certain conditions when their killing also is forbidden.
The word ولی (heir) is applied to any person who is entitled to inherit another man’s property after the latter’s death. But one may nominate a person other than his legal heir as his ولی. If a person is murdered, his ولی (heir) has the right to demand satisfaction. But after the murderer is convicted by a properly constituted court, the heir of the murdered person has the right either to have the murderer legally executed or accept blood-money in lieu of the death of the murdered person. If, however, it is considered against the interests of public peace or morality to allow blood money to the heir or if the demand of the heir be found to be not bona fide, the court may refuse to accept the option of the heir and order the murderer’s execution. In fact, both the heir and the State equally share the right to pardon or punish the guilty person. This right of the State in regard to the punishment of the guilty person covers all matters to which the injunction of قصاص(retaliation) applies. The Caliph ‘Ali is reported to have punished a guilty person whom the aggrieved party had pardoned on the plea that the dictates of public peace demanded his punishment. ‘Ali was convinced that the fear of being harmed by the offender had made the aggrieved person pardon him. See also 2:179.
Whereas in the earlier part of the verse the rights of the party offended against have been safeguarded, the words, let him not exceed the prescribed bounds in slaying, safeguard the interests of the offender. They mean to say that the aggrieved party should not exceed legitimate bounds by adopting a cruel method of killing. In fact, these words imply a recommendation in favour of the murderer. They also show that although "life for life" is the general rule, the heirs of the murdered person may not always act upon this rule. The murderer is to suffer the extreme penalty of the law only when the dictates of equity, retaliation, public peace and morality absolutely demand it. His life should be spared if this act of grace is calculated to lead to his moral reformation. In the words, for therein he is helped by law, the aggrieved person is reminded of his responsibilities. He is told that he, too, is responsible for the maintenance of peace. As God has safeguarded his rights, he should have regard for the rights of others—he should not always insist upon his "pound of flesh".
d
6:152; 25:69.
b
6:152; 25:69.
1963
Commentary:
In the preceding two verses reference was made to the two indirect ways of killing. The verse under comment, however, speaks of direct murder. It declares it unlawful to kill a soul, the killing of which has been forbidden by God.
The word نفس (soul) means anything which breathes and therefore includes all living things. So the words, which Allah has forbidden, have been added in order to restrict their application to man, it being lawful to kill other animals except under certain conditions when their killing also is forbidden.
The word ولی (heir) is applied to any person who is entitled to inherit another man’s property after the latter’s death. But one may nominate a person other than his legal heir as his ولی. If a person is murdered, his ولی (heir) has the right to demand satisfaction. But after the murderer is convicted by a properly constituted court, the heir of the murdered person has the right either to have the murderer legally executed or accept blood-money in lieu of the death of the murdered person. If, however, it is considered against the interests of public peace or morality to allow blood money to the heir or if the demand of the heir be found to be not bona fide, the court may refuse to accept the option of the heir and order the murderer’s execution. In fact, both the heir and the State equally share the right to pardon or punish the guilty person. This right of the State in regard to the punishment of the guilty person covers all matters to which the injunction of قصاص(retaliation) applies. The Caliph ‘Ali is reported to have punished a guilty person whom the aggrieved party had pardoned on the plea that the dictates of public peace demanded his punishment. ‘Ali was convinced that the fear of being harmed by the offender had made the aggrieved person pardon him. See also 2:179.
Whereas in the earlier part of the verse the rights of the party offended against have been safeguarded, the words, let him not exceed the prescribed bounds in slaying, safeguard the interests of the offender. They mean to say that the aggrieved party should not exceed legitimate bounds by adopting a cruel method of killing. In fact, these words imply a recommendation in favour of the murderer. They also show that although "life for life" is the general rule, the heirs of the murdered person may not always act upon this rule. The murderer is to suffer the extreme penalty of the law only when the dictates of equity, retaliation, public peace and morality absolutely demand it. His life should be spared if this act of grace is calculated to lead to his moral reformation. In the words, for therein he is helped by law, the aggrieved person is reminded of his responsibilities. He is told that he, too, is responsible for the maintenance of peace. As God has safeguarded his rights, he should have regard for the rights of others—he should not always insist upon his "pound of flesh".
c
6:152; 25:69.
1616
In the preceding two verses reference was made to the two indirect ways of slaying. The verse under comment speaks of direct murder. After the murderer is convicted by a properly constituted court, the heirs of the murdered person have the right either to have the murderer legally executed or accept blood money in lieu of the death of the murdered person. If, however, it is against the interests of public peace or morality to allow blood money to the heirs or if the demand of the heirs be found to be not bona-fide, the court may refuse to accept their option and order the murderer’s execution. In fact, both the heirs and the State equally share the right to pardon or punish the guilty person. This right of the State in regard to the punishment of the guilty person covers all matters to which the injunction about retribution applies. Whereas in the earlier part of the verse the rights of the party offended against have been safeguarded, the words, let him not exceed the prescribed bounds in slay