Download Treaty with the Pagans and non-Muslims 9. [at

Treaty with the Pagans and non-Muslims
9. [at-Tawbah, Medina 113, 9H after Tabuk]
The Quranic Text & Ali’s Version:
﴾١﴿ َ‫سو ِّل ِّه ِّإلَى الَّذِّينَ َعاهَدتُّم ِّ همنَ ْال ُم ْش ِّركِّين‬
ُ ‫اّلل َو َر‬
ِّ ‫بَ َراءة ٌ ِّ همنَ ه‬
9: 1. A (declaration) of immunity from Allah and His Messenger, to those of the
pagans with whom ye have contracted mutual alliances.
C1246. Baraah: usually translated "immunity".
I do not think that word correctly represents the Arabic word in this
context. The general sense is explained in the introduction to this
Surah. In verse 3 below I use the periphrasis "dissolve treaty
obligations." which goes some way to explain the meaning.
The Pagans and enemies of Islam frequently made treaties of mutual
alliance with the Muslims. The Muslims scrupulously observed their
part, but the Pagans violated their part again and again when it suited
them. After some years, experience it became imperative to denounce
such treaties altogether. This was done in due form, with four months'
notice, and a chance was given to those who faithfully observed their
pledges, to continue their alliance. (R).
‫ض أ َ ْربَعَةَ أ َ ْش ُه ٍر َوا ْعلَ ُمواْ أَنَّ ُك ْم َغي ُْر ُم ْع ِّج ِّزي ه‬
...ِّ‫اّلل‬
ِّ ‫فَسِّي ُحواْ فِّي األ َ ْر‬
9: 2. Go ye, then, for four months, backwards and forwards, (as ye will), throughout
the land, but know ye that ye cannot frustrate Allah (by your falsehood)
C1247. Four Months: Some Commentators understand by this the
four forbidden months in which warfare by ancient Arabian custom was
unlawful, viz., Rajah. Dhu al Qadah, Dhu al Hijjah and Muharram:
See note 209 to 2:194..
But it is better to take the signification of the four months immediately
following the Declaration. Assuming that the Surah was promulgated
early in Shawwal (see Introduction), the four months would be
Shawwal, Dhu al Qadah, Dhu al Hijjah and Muharram, of which the last
three would also be the customary Prohibited Months.
‫وأ َ َّن ه‬...
﴾٢﴿ َ‫اّللَ ُم ْخ ِّزي ْال َكافِّ ِّرين‬
َ
but that Allah will cover with shame those who reject him.
ْ
ٌ َ‫َوأَذ‬
...‫ج األ َ ْكبَ ِّر‬
ُ ‫اّلل َو َر‬
ِّ َّ‫سو ِّل ِّه ِّإلَى الن‬
ِّ ‫ان ِّ همنَ ه‬
ِّ ‫اس يَ ْو َم ال َح ه‬
9:
3. And an announcement from Allah and His
people (assembled) on the day of the Great Pilgrimage,
Messenger,
to
the
C1248. The great day of Hajj is either the 9th of Dhu al Hijjah
('Arafa), or the 10th (the Day of Sacrifice).
‫أ َ َّن ه‬...
...ُ‫سولُه‬
ُ ‫اّللَ بَ ِّري ٌء ِّ همنَ ْال ُم ْش ِّركِّينَ َو َر‬
that Allah and His Messenger dissolve (treaty) obligations with the pagans.
...‫فَإِّن ت ُ ْبت ُ ْم فَ ُه َو َخي ٌْر لَّ ُك ْم‬...
If, then, ye repent, it were best for you;
... ...‫اّلل‬
ِّ ‫وإِّن ت ََولَّ ْيت ُ ْم فَا ْعلَ ُمواْ أَنَّ ُك ْم َغي ُْر ُم ْع ِّج ِّزي ه‬...
َ
but if ye turn away, know ye that ye cannot frustrate Allah.
‫وبَ ه‬...
﴾٣﴿ ‫ب أ َ ِّل ٍيم‬
ٍ ‫ش ِِّّر الَّذِّينَ َكفَ ُرواْ بِّعَذَا‬
َ
And proclaim a grievous penalty to those who reject faith.
...‫ش ْيئًا‬
َ ‫صو ُك ْم‬
ُ ُ‫إِّالَّ الَّذِّينَ َعاهَدتُّم ِّ همنَ ْال ُم ْش ِّر ِّكينَ ث ُ َّم لَ ْم يَنق‬
9: 4. (But the treaties are) not dissolved with those pagans with whom ye have
entered into alliance and who have not subsequently failed you in aught,
C1249. The sacred duty of fulfilling all obligations of every kind, to
Muslims and non Muslims, in public as well as private life, is a cardinal
feature of Muslim ethics.
The question what is to be done with those who abuse this principle by
failing in their duty but expect the Muslims to do their part is not to be
solved (in the case of treaties) by a general denunciation of treaties
but by a careful consideration of the cases where there has been
fidelity and not treachery.
There we are enjoined to give the strictest fidelity, as it is a part of
righteousness and our duty to Allah.
َ ُ‫َولَ ْم ي‬
... ‫ظاه ُِّرواْ َعلَ ْي ُك ْم أ َ َحدًا‬
nor aided anyone against you.
...‫ع ْهدَ ُه ْم ِّإلَى ُمدَّ ِّت ِّه ْم‬
َ ‫ فَأَتِّ ُّمواْ ِّإلَ ْي ِّه ْم‬...
So fulfil your engagements with them to the end of their term:
‫إِّ َّن ه‬...
﴾٤﴿ َ‫اّللَ ي ُِّحبُّ ْال ُمتَّقِّين‬
for Allah loveth the righteous.
... ‫سلَ َخ األ َ ْش ُه ُر ْال ُح ُر ُم‬
َ ‫فَإِّذَا ان‬
9: 5.
But when the forbidden months are past,
C1250. The emphasis is on the first clause; it is only when the four
months of grace are past, and the other party show no signs of
desisting from their treacherous designs by right conduct, that the
state of war supervenes-between Faith and Unfaith.
ُ ‫ فَا ْقتُلُواْ ْال ُم ْش ِّركِّينَ َحي‬...
...‫ْث َو َجدت ُّ ُمو ُه ْم‬
then fight and slay the pagans wherever ye find them
C1251. When war becomes inevitable, it must be prosecuted with
vigour.
According to the English phrase, you cannot fight with kid gloves. The
fighting may take the form of killing, capture, or siege, or ambush and
other stratagems.
But even then there is room for repentance and amendment on the
part of the guilty party, and if that takes place, our duty is forgiveness
and the establishment of peace.
... ...ٍ‫صد‬
ُ ْ‫و ُخذُو ُه ْم َواح‬...
َ ‫ص ُرو ُه ْم َوا ْقعُدُواْ لَ ُه ْم ُك َّل َم ْر‬
َ
and seize them, beleaguer them and lie in wait for them in every stratagem (of
war);
َّ ْ‫صالَة َ َوآت َُوا‬
...‫س ِّبيلَ ُه ْم‬
َّ ‫فَإِّن ت َابُواْ َوأَقَا ُمواْ ال‬...
َ ْ‫الز َكاة َ فَخَلُّوا‬
but if they repent, and establish regular prayers and practice regular charity, then
open the way for them:
C1252. The repentance must be sincere, and that is shown by
conduct-a religious spirit of true prayer and charity.
In that case we are not to bar the gate against the repentant. On the
contrary we must do all we can to make their way easy, remembering
that Allah is Oft-forgiving, Most Merciful.
‫ ِّإ َّن ه‬...
﴾٥﴿ ‫ور َّر ِّحي ٌم‬
ٌ ُ‫اّللَ َغف‬
for Allah is Oft-Forgiving, Most Merciful.
... َ‫ارك‬
َ ‫َو ِّإ ْن أ َ َحدٌ ِّ همنَ ْال ُم ْش ِّركِّينَ ا ْست َ َج‬
9: 6.
If one amongst the pagans ask thee for asylum, grant it to him,
C1253. Even among the enemies of Islam, actively fighting against
Islam, there may be individuals who may be in a position to require
protection. Full asylum is to be given to them, and opportunities
provided for hearing the Word of Allah.
If they accept the Word, they become Muslims and brethren, and no
further question arises. If they do not see their way to accept Islam,
they will require double protection:
-
from the Islamic forces openly fighting against their people, and
-
from their own people, as they detached themselves from them.
Both kinds of protection should be ensured for them, and they should
be safely escorted to a place where they can be safe. Such persons
only err through ignorance, and there may be much good in them.
‫ فَأ َ ِّج ْرهُ َحتَّى يَ ْس َم َع َكالَ َم ه‬...
...ُ‫اّللِّ ث ُ َّم أ َ ْب ِّل ْغهُ َمأ ْ َمنَه‬
so that he may hear the word of Allah and then escort him to where he can be
secure:
C1254. Ma'manah: place or opportunity of being secure from all
harm.
﴾٦﴿ َ‫ذَلِّكَ بِّأَنَّ ُه ْم قَ ْو ٌم الَّ يَ ْعلَ ُمون‬...
that is because they are men without knowledge.
Other Versions:
9: 1
Asad
A [declaration ] of immunity from God and His Apostle, to those of the Pagans with
whom you have contracted mutual alliances
Pickthall
Freedom from obligation (is proclaimed) from Allah and His messenger toward
those of the idolaters with whom ye made a treaty:
Transliteration
Bara_'atum minalla_hi wa
rasu_lihi ilal lazina 'a_hattum minal
musyrikin(a).
9: 2
Asad
[Announce unto them:] “Go, then, [freely] about the earth for four months [note 2] - but
know that you a can never elude God, and that , verily, God shall bring
disgrace upon all
who refuse to acknowledge the truth!”
Pickthall
Travel freely in the land four months, and know that ye cannot escape Allah
and that Allah will confound the disbelievers (in His guidance).
Transliteration Fasihu_ fil ardi arba'ata asyhuriw wa'lamu_ annakum gairu mu'jizilla_h(i), wa
annalla_ha mukhzil ka_firin(a).
9: 3
proclamation from God and His Apostle [is herewith made] unto all
mankind on this day of the Greatest Pilgrimage [note 3]: …………..
Asad
Pickthall
And a
And a proclamation from Allah and His messenger to all men on the day of the
Greater Pilgrimage that Allah is free from obligation to the idolaters,
and (so is) His messenger. So, if ye repent, it will be better for you; but if ye are
averse, then know that ye cannot escape Allah. Give tidings (O Muhammad) of
a painful doom to those who disbelieve.
Transliteration Wa aza_num minalla_hi wa rasu_lihi ilan na_si
yaumal hajjil
akbari annalla_ha bari'um minal musyrikin(a), wa rasu_luh(u_), fa in tubtum
fa huwa khairul lakum, wa in tawallaitum fa'lamu_ annakum gairu
mu'jizilla_h(i), wa basysyiril lazina kafaru_ bi 'aza_bin alim(in).
9: 4
But exception shall be – from among those who ascribe divinity to aught
Asad
beside God – [people] with whom you [O believers] have made a covenant and who thereafter
have
in no wise failed to fulfill their obligations towards you, and neither have
aided anyone against you: observe, then, your covenant with them until the end of the term agreed with
them [note 5]. Verily, God loves those who are conscious of Him.
Pickthall
Excepting those of the idolaters with whom ye (Muslims) have a treaty, and
who have since abated nothing of your right nor have supported anyone
against you. (As for these), fulfill their treaty to them till their term. Lo! Allah
loveth those who keep their duty (unto Him).
Transliteration Illal lazina 'a_hattum minal musyrikina summa lam yanqusu_kum syai'aw wa
lam yuza_hiru_ 'alaikum ahadan fa atimmu_ ilaihim 'ahdahum ila_
muddatihim, innalla_ha yuhibbul muttaqin(a).
9: 5
Then, when the sacred months have passed, slay the idolaters
wherever ye find them, and take them (captive), and besiege them, and
prepare for them each ambush. But if they repent and establish worship and
pay the poor due, then leave their way free. Lo! Allah is Forgiving, Merciful.
Transliteration Fa izansalakhal asyhurul hurumu faqtulul musyrikina haisu wajattumu_hum wa
khuzu_hum wahsuru_hum waq'udu_ lahum kulla marsad(in), fa in ta_bu_ wa
aqa_mus sala_ta wa a_tawuz zaka_ta fa khallu_ sabilahum, innalla_ha
gafu_rur rahim(un).
Pickthall
[[ Asad’s notes – 2 – These words, addressed to the ‘mushrikin’ (“those who ascribe
divinity to aught beside God”) who have deliberately broken the treaties in force between
them and the believers, indicate a cancellation of all treaty
obligations on the letters’ part. The period of four months which
is to elapse between this announcement and the beginning (or
resumption) of hostilities is a further elaboration of the
injunction……
3 – There is no unanimity among the commentators as to what is meant by “the day of the
Great Pilgrimage”. Most of them assume that it refers to the pilgrimage in the year 9H., in
which the Prophet himself did not participate,…………This very fact, however, makes it
improbable that the designation : “the Greatest Pilgrimage”……On the other hand, there is
exists a Tradition on the authority of ‘Abd Allah ibn ’Umar to the effect that the Prophet
described in those very words the last pilgrimage led by himself in 10 H. and known to
history as the Farewell Pilgrimage (Zamakhshari, Razi); one may, therefore, assume that
it is this which is alluded to here. If this assumption is correct, it would justify the
conclusion that verses 3 and 4 of this surah were revealed during the Farewell Pilgrimage,
i.e., shortly before the Prophet’s death. This might explain the – otherwise perplexing –
statement, reliably attributed to the Prophet’s Companion Al-Bara’ [Bukhari, Kitab at-
that At-Tawbah was the last surah revealed to the
Prophet: for, although it is established beyond any doubt that the surah as a
Tafsir),
whole was revealed in 9 H. and was followed by several other parts of the Quran,
e.g., Al-Maidah, it is possible tht what Al-Bara had in mind were only these two keyverses (3 and 4) of At-Tawbah, which conceivably were revealed during the
Farewell Pilgrimage.
Asad’s note 6 –According to a pre-Islamic custom prevalent in Arabia, the months of Muharam,
Rajab, Dhul-Qadah and Dhul-Hijjah were considered “sacred” in the sense that all tribal
warfare had to cease during those months. It was with a view to preserving these periods
the
Quran did not revoke, but rather confirmed, this
ancient custom. See also 2:194 and 217.]]
of truce and thus to promoting peace among the frequently warring tribes that
[[ Ruby’s note 9:5 – The confirmation and validation of this pre-Islamic custom also
conveys two important points: a custom if it does not violate fundamental tenets of Islam
that custom can be uphold and incorporated into the lives of Muslims. This was the
directive towards the Muslim conquerors of other lands that they be respectful about the
traditions and custom of those lands and assimilate into their own lives as well if those are
not against the Islamic principles. Here the Quran is upholding the tradition of old days in
a very important way. This is an extremely important injunction to note for Muslims
because they have been scattered all over the world and there were many dissentions
and unnecessary conflicts and struggles created because of failing to understand this
spirit of Islam. The idea is that if an idea or custom of a non-Muslim group of nation is
good it should be well-received, validated and incorporated by Muslim communities as
well. A good idea contributes towards peace, justice and welfare in a society, therefore if
that idea comes from anybody or any society it should be incorporated eagerly. Because
the highest allegiance is to God and His moral law and not to any culture, lifestyle of even
a group to whom one seems to belong. ]]
[[ Ali’s notes
1246
Baraat: usually translated "immunity". I do not think that word correctly
represents the Arabic word in this context. I retain it as I cannot think of any single English
word as an equivalent. The general sense is explained in the introduction to this Sura. In
verse 3 below I use the periphrasis "dissolve treaty obligations," which goes some way
to explain the meaning. The
Pagans and enemies of Islam frequently
made treaties of mutual alliance with the Muslims. The Muslims
scrupulously observed their part, but the Pagans violated their
part again and again when it suited them. After some years, experience it
became imperative to denounce such treaties altogether. This was done in due form, with
four months' notice, and a chance was given to those who faithfully observed their
pledges, to continue their alliance. (9.1)
1247
Four Months: Some Commentators understand by this the four forbidden months in which
warfare by ancient Arabian custom was unlawful, viz., Rajab, Zul-qa'dah, Zul-hijjah, and
Muharram: See ii. 194 n. But it is better to take the signification of the four months
immediately following the Declaration. Assuming that the Sura was promulgated early in
Shawwal (see Introduction), the four months would be Shawwal, Zul-qa'dah, Zul-hijjah,
and Muharram, of which the last three would also be the customary Prohibited Months.
(9.2)
1248
1249
The great day of Hajj is either the 9th of Zul-hijjah ('Arafa), or the
10th (the Day of Sacrifice). (9.3)
The sacred duty of fulfilling all obligations of every
kind, to Muslims and non Muslims, in public as well
as private life, is a cardinal feature of Muslim ethics.
The question what is to be done with those who abuse this principle by failing in their duty
but expect the Muslims to do their part is not to be solved (in the case of treaties) by a
general denunciation of treaties but by a careful consideration of the cases where there
has been fidelity and not treachery. There we are enjoined to give the strictest fidelity, as
it is a part of righteousness and our duty to Allah. (9.4)
1250
The emphasis is on the first clause; it is only when the four months of grace are past, and
the other party show no signs of desisting from their treacherous designs by right conduct,
that the state of war supervenes-between Faith and Unfaith. (9.5)
1251
When war becomes inevitable, it must be prosecuted with vigour. According to the English
phrase, you cannot fight with kid gloves. The fighting may take the form of killing, capture,
or siege, or ambush and other stratagems. But even then there is room for repentance
and amendment on the part of the guilty party, and if that takes place, our duty is
forgiveness and the establishment of peace. (9.5)
1252
The repentance must be sincere, and that is shown by conduct-a religious spirit of true
prayer and charity. In that case we are not to bar the gate against the repentant. On the
contrary we must do all we can to make their way easy, remembering that Allah is Oftforgiving, Most Merciful. (9.5)
9: 6
…………and thereupon convey him to a place whre he can feel
secure [note 11]: this because they [may be] people who [sins only because
they] do not know [the truth].
Asad
Pickthall
And if anyone of the idolaters seeks your protection (O Muhammad), then
protect him so that he may hear the word of Allah; and afterward convey him to
his place of safety. That is because they are a folk who know not.
Transliteration Wa in ahadum minal musyrikinastaja_raka fa ajirhu hatta_ yasma'a
kala_malla_hi summa ablighu ma'manah(u_), za_lika bi annahum qaumul la_
ya'lamu_n(a).
[[ Asad’s note 11 – Lit., “his place of security (ma’manahu)
– i.e., “let him rejoin his homeland” (Razi), which
implies that he is free to accept or not accept the
message of the Quran: a further re-affirmation of the
Quranic imjunction that “there is no coercion in
matters of faith” (2:256). ]]
[[ Ali’s notes:
1253
Even among the enemies of Islam, actively fighting against Islam, there may be
individuals who may be in a position to require protection.
Full asylum is to be
given to them, and opportunities provided for hearing the Word
of Allah. If they accept the Word, they become Muslims and
brethren, and no further question arises. If they do not see their
way to accept Islam, they will require double protection: (1) from
the Islamic forces openly fighting against their people, and (2)
from their own people, as they detached themselves from them.
Both kinds of protection should be ensured for them, and they
should be safely escorted to a place where they can be safe.
Such persons only err through ignorance, and there may be much good in them. (9.6)
1254
Maaman: place or opportunity of being secure from all harm. (9.6) ]