Continuation of the explanation of the chapter: The combatants from among the people of disbelief and apostasy.
Machine translationRead the Arabic original
The Shaykh :[Al-Ma'idah 5:33] This means the right hand and the left foot.
[Al-Ma'idah 5:33] Is the article "al" here for the definite or the generic? It appears to be for the definite, meaning from their land in which the corruption occurred. And if we say it is for the generic, then the intended meaning of the expulsion is their imprisonment, that they be imprisoned, because the imprisoned person is as if he were not in the land. For this reason, the scholars differed on whether the intended meaning of the expulsion from the land is that they be driven out of the land in which they sought corruption, or that they be imprisoned.
Some scholars held that the intended meaning of the expulsion from the land is imprisonment, while others held that the intended meaning of the expulsion from the land is removing them from the land in which they sought corruption.
If someone were to say: It should, rather it is obligatory, to look at the public benefit. So if their expulsion from their land leads to a greater evil and expands the scope of their corruption, then here we prioritize the side of imprisonment, and we say that "al" is for the generic.
And if the matter is the opposite, that if we drive them out of their land they might reform, or the authority in the land to which we drive them is stronger, and the ruler is more decisive, then here we prefer. What? That the intended meaning of the expulsion from the land is removing them from the place of seeking corruption in the land, because it is much better for people to remain free than if they are imprisoned.
Well, in any case, this is the meaning of the noble verse. So the scholars differed first on its meaning, and second on the execution of the crime.
or that their hands and feet be cut off from opposite sides
أو تقطع أيديهم وأرجلهم من خلافor that they be exiled from the land
أو ينفوا من الأرضSome scholars held that the intended meaning of the expulsion from the land is imprisonment, while others held that the intended meaning of the expulsion from the land is removing them from the land in which they sought corruption.
If someone were to say: It should, rather it is obligatory, to look at the public benefit. So if their expulsion from their land leads to a greater evil and expands the scope of their corruption, then here we prioritize the side of imprisonment, and we say that "al" is for the generic.
And if the matter is the opposite, that if we drive them out of their land they might reform, or the authority in the land to which we drive them is stronger, and the ruler is more decisive, then here we prefer. What? That the intended meaning of the expulsion from the land is removing them from the place of seeking corruption in the land, because it is much better for people to remain free than if they are imprisoned.
Well, in any case, this is the meaning of the noble verse. So the scholars differed first on its meaning, and second on the execution of the crime.