His saying - exalted and mighty is He -: "Indeed, the recompense of those who wage war against Allah and His Messenger and strive to spread corruption in the land is that they be killed or crucified or that their hands and feet be cut off from opposite sides or that they be exiled from the land. That is for them a disgrace in this world, and for them in the Hereafter is a great punishment." "Except for those who repent before you overpower them, know that Allah is Forgiving and Merciful." The meaning in this verse is that "Indeed" is a complete restriction. People have differed regarding the reason for this verse. It has been narrated from Ibn Abbas and Al-Dahhak that it was revealed concerning a group from the People of the Book who had a covenant with the Messenger of Allah - blessings and peace be upon him - but they broke the covenant, cut off the road, and spread corruption in the land. Qadi Abu Muhammad - may Allah have mercy on him - said: It seems that it was revealed regarding Banu Qurayzah when they intended to kill the Prophet - blessings and peace be upon him. And Ikrimah and Al-Hasan said: The verse was revealed regarding the polytheists. Qadi Abu Muhammad - may Allah have mercy on him - said: There is weakness in this, because the repentance of a polytheist is beneficial after being able to overpower him. And in any case, Anas ibn Malik, Jarir ibn Abdullah, Sa'id ibn Jubair, Urwah ibn Al-Zubair, Abdullah ibn Umar, and others said: The verse "was revealed concerning a group from 'Ukl and 'Uraynah who came to the Prophet - blessings and peace be upon him - and embraced Islam. Then they fell ill and found the city uncomfortable. The Prophet - blessings and peace be upon him - ordered them to be in the camels of charity and said: 'Drink from their milk and urine.' They went out with them, and when they recovered, they killed the shepherds and drove off the camels. The cry came and informed the Prophet - blessings and peace be upon him - of that. He ordered, and it was announced to the people: 'O horses of Allah, ride!' The Messenger of Allah - blessings and peace be upon him - rode in pursuit of them, and they were captured. Jarir ibn Abdullah said: The Messenger of Allah - blessings and peace be upon him - sent me with a group of Muslims, and when we caught up with them, they had approached their homes. We brought them to the Prophet - blessings and peace be upon him. All the narrators said: The Messenger of Allah - blessings and peace be upon him - cut off their hands and feet from opposite sides and pierced their eyes - it is narrated: and blinded them - and left them in the side of the Harrah, asking for water, but they were not given water. In the narration of Jarir: They would say: 'Water!' and the Messenger of Allah - blessings and peace be upon him - would say: 'The Fire.'" And in some narrations from Anas that the Messenger of Allah - blessings and peace be upon him - burned them with fire after he killed them. Abu Qilabah said: These have disbelieved, killed, taken wealth, and waged war against Allah and His Messenger - blessings and peace be upon him.

Al-Tabari narrated from some of the people of knowledge that this verse abrogated the action of the Prophet - blessings and peace be upon him - with the 'Uraniyyin; and the matter was restricted to these limits. Some of them said: And Allah made it a reprimand for His Prophet - blessings and peace be upon him - regarding the mutilation of the eyes. It has been reported from a group of the people of knowledge that this verse does not abrogate that action; because that occurred with the apostates.

Qadi Abu Muhammad - may Allah have mercy on him - said: Especially in some of the narrations that they mutilated the eyes of the shepherds; they said: And this verse is about the fighting believers. Al-Tabari narrated from Al-Suddi that the Prophet - blessings and peace be upon him - did not mutilate the eyes of the 'Uraniyyin; rather, he intended that, and the verse was revealed prohibiting that.

Qadi Abu Muhammad - may Allah have mercy on him - said: And this is a weak statement contradicted by the prevailing narrations.

There is no disagreement among the people of knowledge that the ruling of this verse is applicable to the fighters among the people of Islam; and they disagreed about who deserves the name of fighting. Malik ibn Anas - may Allah have mercy on him - said: The fighter among us is the one who attacks people with weapons in a city or wilderness; he confronts them for their own selves and their wealth, without enmity, entrance, or hostility. This statement was made by a group of the people of knowledge; and Abu Hanifah and his companions, and a group of the people of knowledge said: The fighter can only be the one who cuts off people outside the cities; but as for inside the city, no.

Qadi Abu Muhammad - may Allah have mercy on him - said: They mean that the one who cuts off inside the city is subject to the punishment for what he has committed of killing, or theft, or usurpation, and similar acts; and fighting has ranks; the lowest of which is merely frightening the way. However, it necessitates the description of fighting; then after that, to take the wealth along with the frightening; then after that, to kill along with the frightening; then after that, to combine all of that. Malik - may Allah have mercy on him - and a group of scholars said: In whatever rank the fighter is from these ranks, the Imam has the choice in it; to punish him with whatever he sees fit from these punishments; and it is preferred that he take the lighter punishments in the case of one who has not killed.

The judge Abu Muhammad - may Allah have mercy on him - said: Especially if it was a slip; and he was not known to be a person of recognized evils; as for if he killed, then there must be his killing. Ibn Abbas - may Allah be pleased with him - said; and Al-Hasan; and Abu Mujliz; and Qatadah; and others from the scholars: Rather, for every rank of highway robbery, there is a rank of punishment; so whoever frightens the roads only, his punishment is exile; and whoever takes wealth without killing, his punishment is cutting off of the hand; and whoever kills without taking wealth, his punishment is death; and whoever combines all, he is killed; and crucified; and the proof of this saying is that highway robbery does not exit from faith; and the blood of the believer is sacred; except by one of three: apostasy; or adultery after marriage; or killing a soul; so the highway robber, if he does not kill, there is no way to kill him; and it has been narrated from Ibn Abbas; and Al-Hasan as well; and Sa'id ibn Al-Musayyib; and others similar to the saying of Malik: The imam has the choice; and the proof of this saying is that what is in the Qur'an

As for killing the one who is waging war, it is with the sword; a strike to the neck. As for crucifying him, the majority of scholars hold that he should be crucified while alive; and he is killed by stabbing on the wooden post. This has been narrated from Malik; and it is the more apparent from the verse; and it is the most severe in punishment. As for cutting off, it is the right hand from the wrist; and the left leg from the joint.

It has been narrated from Ali ibn Abi Talib - may Allah be pleased with him - that he used to cut off the hand from the fingers; and leave the palm; and the leg from half of the foot; and leave the heel.

The scholars have differed regarding exile; Al-Suddi said: it is that he is pursued by cavalry and infantry until he is captured; then the punishment of Allah is established upon him; and he is expelled from the land of Islam.

It has been narrated from Ibn Abbas - may Allah be pleased with both of them - that he said: his exile is that he is pursued; and this was said by Anas ibn Malik; and this has been narrated from Al-Layth; and Malik ibn Anas; except that Malik said: a Muslim is not compelled to enter the land of polytheism; and Said ibn Jubair said: exile is from the land of Islam to the land of polytheism; and a group of scholars - among them Umar ibn Abdul Aziz - said: the exile of the waging war is that they be exiled from one city to another; which is far away; and Al-Shafi'i said: he is exiled from his work; and Abu Al-Zinad said: exile was formerly to Dihlaq; and Badhih; and they are from the farthest part of Yemen; and Abu Hanifa and his companions and a group said: the exile of the waging war is imprisonment; and that is their removal from the land.

Qadi Abu Muhammad - may Allah have mercy on him - said: the apparent meaning is that the land in this verse is the land of the one who is exiled; and the people have long been kept away from the land in which they committed sins; and among them is the hadith of the one who leaned with his chest towards the holy land; and it is appropriate for the Imam, if this waging war exile is feared to return to corruption and mischief, to imprison him in the land to which he is exiled; and if he is not feared, he is left free; and this is the clear position of Malik: that he should be exiled and imprisoned where he is exiled; and this is the most common view that he is feared; and Al-Tabari preferred it; and it is the stronger view that his exile from the land of the one who is exiled or from Islam is the text of the verse; and his imprisonment afterwards is according to the fear of him; so if he repents and understands his situation, he is released.

And His saying, the Exalted: "That is for them a disgrace"; refers to these limits which are imposed upon them; and Allah has intensified the warning regarding the sin of waging war by informing that they will have a great punishment in the Hereafter; along with the punishment in this world; and this is outside of the sins mentioned in the hadith of Ubadah ibn Al-Samit; in the words of the Prophet - blessings and peace be upon him -: "So whoever commits anything of that and is punished for it, it is an expiation for him."

Qadi Abu Muhammad - may Allah have mercy on him - said: It is possible that disgrace is for the one who is punished; and the punishment of the Hereafter is for the one who is safe in this world; and this sin is treated like others; and this warning is conditional upon the will; as fear predominates over them according to the warning; and the severity of the sin; and disgrace in this verse is: shame; humiliation; and contempt.

And His saying, exalted is He: "Except for those who repent before you are able to overpower them"; He, exalted and glorified, has excluded the one who repents before he is overpowered. He informed of the removal of the rights of Allah from him, by His saying, exalted is He: "So know that Allah is Forgiving and Merciful". The people have differed in the meaning of the verse. Qatadah and Al-Zuhri said in the book "Al-Ashraf": This is for the people of shirk. Qadi Abu Muhammad, may Allah have mercy on him, said: From the perspective of seeing the warning after the punishment; and this is weak. The scholars agree that the verse is about the believers; and that if the one who is at war repents before he is overpowered, then the ruling of warfare is lifted from him. There is no consideration for the Imam in this matter, except as he considers the other Muslims. If someone seeks him for blood, he considers it; and he may be punished for it if the seeker is a guardian. Likewise, he is followed for what he has from the wealth of others, and for the value of what he has consumed from the wealth. This is the view of Malik, Al-Shafi'i, and the people of opinion. Ibn Al-Mundhir mentioned it. A group from the companions and the followers said: Nothing is sought from the wealth except for what is found with him in its entirety; as for what he has consumed, it is not sought from him. Al-Tabari mentioned this from Malik, from the narration of Al-Walid ibn Muslim from him; and it is evident from the actions of Ali ibn Abi Talib, may Allah be pleased with him, with Harithah ibn Badri Al-Ghadhani; for he was a warrior, then he repented before he was overpowered. So he wrote to him about the removal of the wealth and the blood, a published letter. Al-Tabari narrated from Urwah ibn Al-Zubair that he said: The repentance of the warrior is not accepted; and if it were accepted, they would have dared, and there would have been much corruption. However, if he fled to the enemy, then came back repentant, I do not see a punishment upon him. Qadi Abu Muhammad, may Allah have mercy on him, said: I do not know; did he mean to apostate or not? Al-Awza'i said something similar, except that he said: If he joins the abode of war, having apostated from Islam, or remains upon it, then comes back repentant before he is overpowered, his repentance is accepted. (p-159) Qadi Abu Muhammad, may Allah have mercy on him, said: The correct view of all this is the position of the jurists that I have just established; that the ruling of warfare is lifted, and he remains like the other Muslims. There is a difference if the wealth is less than what is cut off from the thief; Malik said: That is like the abundant. Al-Shafi'i and the people of opinion said: Nothing is cut off from the warriors except for the one who took what is cut off from the thief.