Commentary
His saying, glorified and exalted is He: "Except for those with whom you made a treaty among the polytheists, then they did not diminish anything from you and did not support anyone against you, so fulfill their treaty to their term. Indeed, Allah loves the righteous." "And when the sacred months have passed, kill the polytheists wherever you find them and capture them and besiege them and sit in wait for them at every place of ambush. But if they repent, establish prayer, and give zakat, then let them go on their way. Indeed, Allah is Forgiving and Merciful." This is the exception that was previously mentioned regarding the polytheists with whom their treaty remained for nine months, and they had fulfilled the treaty as required. Qatadah said: They are the Quraysh who were given a treaty during the time of Hudaybiyyah. The judge Abu Muhammad, may Allah have mercy on him, said: This is refuted by the Islam of Quraysh at the conquest before the call to prayer regarding all of this. Ibn Abbas, may Allah be pleased with him, said: His saying, the Exalted, "to their term": to the four months mentioned in the verse. The majority read: "they do not diminish you" with the letter sad unpointed, while Ata ibn Yasir, Ikrimah, and Ibn al-Samif' read: "they do not violate you" with the letter dad, from the word naqdh, which is established with the treaty. However, it is awkward in its transitive use to the pronoun, and what improves that is that violation is a breach of fulfillment and a right for the one who has a treaty. Likewise, the transitive use of "fulfill" with "to" is because the treaty is in the meaning of what is performed and by which one is absolved, as if they are demanding the treaty. And "support" means: to assist; for support is the helper, and its origin is from dhahr, as if one supports his back against another, and the other likewise. And His saying: "Indeed, Allah loves the righteous" is a reminder that fulfilling the treaty is part of righteousness. And His saying, the Exalted: "And when the sacred months have passed" the verse, "insilakh" means: the removal of something from that which it is attached to, like the shedding of a sheep from its skin and a man from his clothes. From this is His saying, the Exalted: "We remove from it the day" [Yasin: 37]. He compared the passing of the sacred months with their names and rulings from time to that. The previous discussion has already addressed those who made the expiration of the sacred months a deadline, and what is meant by the sacred months is sufficient to not repeat it. And His saying, the Exalted: "Then kill the polytheists" is a command to fight the polytheists. The command here with the word "kill" is on the side of encouragement and strengthening the soul, meaning: this is how your matter should be with them. And this verse has abrogated every treaty in the Qur'an or truce and what falls under that. It is as mentioned one hundred and fourteen verses. Al-Dahhak, Al-Suddi, and Ata said: This verse is abrogated by His saying, the Exalted: "So either a favor afterward or ransom" [Muhammad: 4]. They said: It is not permissible to kill a captive outright, either he is granted a favor or he is ransomed. Qatadah, Mujahid, and others said: His saying, the Exalted: "So either a favor afterward or ransom" [Muhammad: 4] is abrogated by this verse. They said: It is not permissible to grant a favor to a captive or to ransom him, and nothing except killing. Ibn Zayd said: They are both definitive. The judge Abu Muhammad, may Allah have mercy on him, said:
And he did not explain more than this. His saying is correct, and the two verses do not resemble one meaning with the other. This is because this verse, His saying, the Most High: "So kill the polytheists," and "And seize them and confine them," are actions that are only applicable to the fighting, sent, and striving warrior. There is no mention or ruling for the captive in them. When the disbeliever is captured, he exits the degrees of this verse and transitions to the ruling of the other verse. And that verse has no entry for anyone other than the captive. So the saying of Ibn Zayd is correct. His saying: "Seize them" means: captivity. And His saying: "Every place of ambush" means: in the places of vulnerability where they are ambushed. And Al-Nabighah said:
"O reproacher, indeed ignorance is one of the pleasures of the youth, And indeed, death is lying in wait for the souls."
The position of "every" is on the adverbial phrase, which is the choice of Al-Zajjaj, or by dropping the preposition. The estimation is: in every place of ambush, or on every place of ambush. And Sibawayh narrated: "The back and the belly were struck."
And His saying, the Most High: "But if they repent," means: from disbelief. It is inclusive of faith. Then He coupled it with the establishment of prayer and the giving of zakat, indicating the status of prayer and zakat in the Shari'ah. And His saying: "So leave their way" is reassurance.
And Anas ibn Malik said: This is the religion of Allah that the messengers brought, and it is among the last that was revealed before the differences of opinions arose. In it, the Prophet, blessings and peace be upon him, said: "Whoever departs from this world sincerely for Allah, the Most High, obedient to Him, will meet Allah while He is pleased with him." Then He promised forgiveness in the form of news about His attributes, the Most High.
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