Transliteration:( Innaaa anzalnaaa ilaikal Kitaaba bilhaqqi litahkuma bainan naasi bimaaa araakal laah; wa laa takul lilkhaaa'ineena khaseemaa )
334.Reasons for its Revelation:
This verse was revealed concerning Tam'a bin Ubairik who stole his neighbour Qutadah bin No'man's chain armour, hid it in a flour bag and kept it in trust with a Jew. On searching both the armour chain and the flour bag were found in the Jew's house. The Jew said that Tam'a had kept it at his house. Tama's people, in an effort to protect their fellow brother, tried and hoped that the Jew would be proven guilty, and Tama would be proven innocent. On that
occasion this verse was revealed, to show that Tama's people had given false testimony to
prove him innocent.
335. From this we learn that the Holy Prophet's صلى الله عليه وآله وسلم decisions were based on two things: the Book of Allah Almighty and the Light of Prophethood. Hence, the decisions of the Holy Prophet صلى الله عليه وآله وسلم were so firm and unalterable that appeal against them was totally impossible. Thereafter the decision of Learned Ulema and Muslim jurists and judges too would be based on the Book of Allah Almighty, and the testimony of witnesses, etc. Hence, the decision of any ruler or official is not fully acceptable and as such is open to appeal.
336. This command though is obviously addressed to the Holy Prophet صلى الله عليه وآله وسلم yet in reality the purpose of it is to let all rulers and officials until the Day of Judgement know that they should not be indiscreet or short sighted in their decisions or judgements.
The genuine accused found guilty should be given full punishment without any regard or bias.
Observe that Tama was outwardly a believer and the Jew was a non-believer. yet the judgement was given in favour of the Jew. From this we also learn that every Companion is not free of transgression, though by the grace of Allah Almighty they do not remain on the part of transgression. Furthermore, no matter how great or serious a sin may be it will not render a person out of the fold of Islam eg. Allah Almighty did not refer to the helpers of Tama as infidels, but as treacherous or cheats.
105. Surely, We have sent down to you (O Muhammad ) the Book in truth that you might judge between men by that which Allah has shown you, so be not a pleader for the treacherous. 106. And seek the forgiveness of Allah, certainly, Allah is Ever Oft-Forgiving, Most Merciful. 107. And argue not on behalf of those who deceive themselves. Verily, Allah does not like anyone who is a betrayer, sinner. 108. They may hide (their crimes) from men, but they cannot hide (them) from Allah; for He is with them (by His knowledge), when they plot by night in words that He does not approve. And Allah ever encompasses what they do. 109. Lo! You are those who have argued for them in the life of this world, but who will argue for them on the Day of Resurrection against Allah, or who will then be their defender
Allah says to His Messenger, Muhammad ,
(Surely, We have sent down to you the Book in truth) meaning, it truly came from Allah and its narrations and commandments are true. Allah then said,
(that you might judge between men by that which Allah has shown you,) In the Two Sahihs, it is recorded that Zaynab bint Umm Salamah said that Umm Salamah said that the Messenger of Allah heard the noise of disputing people close to the door of his room, and he went out to them saying,
(Verily, I am only human and I judge based on what I hear. Some of you might be more eloquent in presenting his case than others, so that I judge in his favor. If I judge in one’s favor concerning the right of another Muslim, then it is a piece of the Fire. So let one take it or leave it.) Imam Ahmad recorded that Umm Salamah said, “Two men from the Ansar came to the Messenger of Allah with a dispute regarding some old inheritance, but they did not have evidence. The Messenger of Allah said,
(You bring your disputes to me, but I am only human. Some of you might be more persuasive in their arguments than others. I only judge between you according to what I hear. Therefore, whomever I judge in his favor and give him a part of his brother’s right, let him not take it, for it is a part of the Fire that I am giving him and it will be tied around his neck on the Day of Resurrection.) The two men cried and each one of them said, `I forfeit my right to my brother.’ The Messenger of Allah said,
(Since you said that, then go and divide the inheritance, and try to be just in your division. Then draw lots, and each one of you should forgive his brother thereafter (regardless of who got the best share).)” Allah’s statement,
(They may hide (their crimes) from men, but they cannot hide (them) from Allah;) chastises the hypocrites because they hide their evil works from the people so that they will not criticize them. Yet, the hypocrites disclose this evil with Allah, Who has perfect watch over their secrets and knows what is in their hearts. This is why Allah said,
(for He is with them (by His knowledge), when they plot by night in words that He does not approve. And Allah ever encompasses what they do) threatening and warning them. Allah then said,
(Lo! You are those who have argued for them in the life of this world,) meaning, suppose these people gain the verdict from the rulers in their favor in this life, since the rulers judge according to what is apparent to them. However, what will their condition be on the Day of Resurrection before Allah, Who knows the secret and what is even more hidden Who will be his advocate on that Day Verily, none will support them that Day. Hence, Allah’s statement,
(or who will then be their defender)
140. These and certain other verses which occur a little later on (see verses 113 ff.) deal with an important matter, related to an incident that took place around the time they were revealed. The incident involved a person called Tu’mah or Bashir ibn Ubayriq of the Banu Zafar tribe of the Ansar. This man stole an Ansari’s coat of mail. While the investigation was in progress, he put the coat of mail in the house of a Jew. Its owner approached the Prophet (peace be on him) and expressed his suspicion about Tu’mah. But Tu’mah, his kinsmen and many of the Banu Zafar colluded to ascribe the guilt to the Jew. When the Jew concerned was asked about the matter he pleaded that he was not guilty. Tu’mah’s supporters, on the other hand, waged a vigorous propaganda campaign to save Tu’mah’s skin. They argued that the wicked Jew, who had denied the Truth and disbelieved in God and the Prophet (peace be on him), was absolutely untrustworthy, and his statement ought to be rejected outright. The Prophet (peace be on him) was about to decide the case against the Jew on formal grounds and to censure the plaintiff for slandering Banu Ubayriq, but before he could do so, the whole matter was laid bare by a revelation from God. (For the traditions cited here, see the commentary of Ibn Kathir on this verse – Ed.)
It is obvious that the Prophet (peace be on him) would have committed no sin if he had given judgement on the evidence before him. Judges are quite often faced with such situations. False evidence is given in order to obtain wrong verdicts. The time when this case came up for decision was a time of severe conflict between Islam and unbelief. Had the Prophet (peace be on him) issued a wrong judgement on the basis of the evidence before him, it would have provided the opponents of Islam with an effective weapon against the Prophet (peace be on him) as well as against the entire Islamic community, and even Islam itself. They could have spread the word that the Prophet (peace be on him) and his followers were not concerned about right and justice: it would have been claimed that they were guilty of the same prejudice and chauvinism against which they had themselves been preaching. It was specifically to prevent this situation that God intervened in this particular case.
In this and the following (verses 105 ff.) the Muslims were strongly censured for supporting criminals for no other reason than either family or tribal solidarity and were told that they should not allow prejudice to interfere with the principle of equal justice for all. Man’s instinctive honesty revolts against the idea of supporting one’s own kin even when they are wrong, and denying others their legitimate rights.
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