Shafaqna English- Commentary on Imam Sajjad’s (AS) Treaties of Right By Mohammad Sobhanie.
بِسْمِ اللَّهِ الرَّحْمَٰنِ الرَّحِيمِ
وَأمّــــــا حَقُّ مَنْ سَاءَكَ القَضَاءُ عَلَى يَدَيهِ بقَوْلٍ أَوْ فِعْلٍ، فَإنْ كَانَ تَعَمَّدَهَا كَانَ العَفْوُ أَوْلَى بكَ، لِمَا فِيهِ لَهُ مِن القَمْعِ[1] وَحُسْنَ الأَدَب[2] مَعَ كَثِيرِ أَمْثالِهِ مِنَ الخَلْقِ، فإنَّ اللهَ يَقُولُ {وَلَمَنِ انتَصَرَ[3] بَعْــــــــــــدَ ظُلْمِهِ فَأُولئِكَ مَا عَلَيْهِمْ مِنْ سَبيلٍٍ. إنمَّا السّبيلُ عَلى الَّذين يظْلِمونَ النَّاسَ ويَبغونَ في الأرْضِ بغَيرِ الحَقِّ، أُولئِكَ لهُم عَذابٌ أليِمٌ. وَلمَنْ صَبَرَ وَغَفَرَ إنَّ ذلِكَ لََمِنْ عَزْمِ الأُمُورِ [4]{وَقَــــــــــــــــــالَ عَزَّ وَجَلَّ} وَإنْ عَاقَبْتُمْ فَعَاقِبُوا بمِثلِ مَــــــــــــــا عُوقِبتُمْ به وَلَئِنْ صَبَرْتُمْ لَهُوَ خَيْرٌ لِلصَّابرِينَ}[5] هَـــــــــذا فِي الْعَمْدِ. فَإنْ لَمْ يَكُنْ عَمْدًا لَمْ تَظْلِمْهُ بتَعَمُّدِ الانتِصَارِ مِنْهُ[6] فَتَكُونَ قَدْ كَافَأتَهُ فِي تَعَمُّــدٍ عَلَى خَطَــــــــــــــــأٍ. وَرَفِقْتَ بهِ وَرَدَدتَهُ بأَلْطَفِ مَا تقْدِرُ عَلَيْهِ. ولا قُوَّةَ إلا باللهِ
The Right of the One Who Wrongs You (49th)
Translation: The right of the one who has wronged you—whether through words or actions—is that it is more appropriate to pardon him, even if the wrongdoing was intentional. Forgiveness eliminates hatred and is an effective means of reforming most offenders.
Indeed, God says: “And whoever defends himself after having been wronged – those have not upon them any cause (for blame). The cause (for blame) is only against the ones who wrong the people and tyrannize upon the Earth without right. Those will have a painful punishment. And whoever is patient and forgives – indeed, that is of the matters (requiring) determination.”
The Almighty, the High, also says: “And if you punish (an enemy), punish with an equivalent of that with which you were harmed. But if you are patient, it is better for those who are patient.” This is so if it was intentional.
However, if he has wronged you unintentionally, then you should not retaliate deliberately, as doing so would mean punishing him purposefully for something he did without intent. You should instead be friendly with him and treat him as gently as you can. And there is no power except through God.
Commentary: In the Islamic code of penalties, there are two rulings for someone who intentionally harms another person or damages their reputation:
- Retribution and revenge
- Forgiveness and pardoning
Retribution and revenge are necessary when a criminal demonstrates a spirit of cruelty. In such situations, it is crucial to hold them accountable; if they are pardoned, their cruelty may continue to cause harm to others. Verse 2:179 of Sūrah Al-Baqara states that legal retribution helps save the lives of innocent people:
وَلَكُمْ فِي الْقِصَاصِ حَيَاةٌ يَا أُولِي الْأَلْبَابِ لَعَلَّكُمْ تَتَّقُونَ ﴿١٧٩﴾
2:179 And there is for you in legal retribution (saving of) life, O you (people) of understanding, that you may become righteous.
However, retribution must be proportional to the crime, as verse 2:194 of Sūrah Al-Baqara rejects any excess:
… ۚ فَمَنِ اعْتَدَىٰ عَلَيْكُمْ فَاعْتَدُوا عَلَيْهِ بِمِثْلِ مَا اعْتَدَىٰ عَلَيْكُمْ ۚ … ﴿١٩٤﴾
2:194 … So whoever has assaulted you, then assault him in the same way that he has assaulted you …
When a person commits a crime out of ignorance, feels remorse for their actions, and is determined to reform and make amends, Islam encourages forgiveness, as outlined in verse 42:40 of Sūrah Shura and verse 16:126 of Sūrah An-Nahl:
وَجَزَاءُ سَيِّئَةٍ سَيِّئَةٌ مِّثْلُهَا ۖ فَمَنْ عَفَا وَأَصْلَحَ فَأَجْرُهُ عَلَى اللَّهِ ۚ إِنَّهُ لَا يُحِبُّ الظَّالِمِينَ ﴿٤٠﴾
42:40 And the retribution for an evil act is an evil one like it, but whoever pardons and makes reconciliation – his reward is (due) from Allah. Indeed, He does not like wrongdoers.
وَإِنْ عَاقَبْتُمْ فَعَاقِبُوا بِمِثْلِ مَا عُوقِبْتُم بِهِ ۖ وَلَئِن صَبَرْتُمْ لَهُوَ خَيْرٌ لِّلصَّابِرِينَ ﴿١٢٦﴾
16:126 And if you punish (an enemy, O believers), punish with an equivalent of that with which you were harmed. But if you are patient – it is better for those who are patient.
Inspired by concept of the forgiveness in the Qurʾān, Imām Sajjād (AS), about someone who has done intentionally committed a wrong, stated:
فَإنْ كَانَ تَعَمَّدَهَا كَانَ العَفْوُ أَوْلَى بكَ، لِمَا فِيهِ لَهُ مِن القَمْعِ وَحُسْنَ الأَدَب مَعَ كَثِيرِ أَمْثالِهِ مِنَ الخَلْقِ،
It is more appropriate for you to pardon him (the criminal) if it (the crime) was done intentionally. Forgiveness helps eliminate hatred and serves as an effective means of disciplining most criminals.
Crime often stems from hatred, resentment, ignorance, and a lack of foresight. Inspired by verse 41:34 from Sūrah Fussilat, Imām Sajjād emphasizes that forgiveness can eliminate hatred and enmity from people’s hearts. Moreover, by forgiving those who have wronged us and providing them with proper education and guidance, we can encourage them to reflect on their past actions and make amends for their mistakes.
Imām Sajjād makes an important observation regarding the retribution for crimes committed unintentionally. He argues that punishing someone for an unintentional crime is excessive. He reasons that, while the crime was committed without intent, revenge is always intentional. This means that retribution for an accidental crime does not equate to the crime itself; the act was unintentional, whereas the act of revenge is deliberate. Therefore, the Imām advocates for treating the wrongdoer with leniency to uphold equity. The Imām’s statement is:
فَإنْ لَمْ يَكُنْ عَمْدًا، لَمْ تَظْلِمْهُ بتَعَمُّدِ الانتِصَارِ مِنْهُ، فَتَكُونَ قَدْ كَافَأتَهُ فِي تَعَمُّــدٍ عَلَى خَطَــــــــــــــــأٍ. وَرَفِقْتَ بهِ وَرَدَدتَهُ بأَلْطَفِ مَا تقْدِرُ عَلَيْهِ.
However, if he has wronged you unintentionally, in this case, you should not retaliate deliberately, as doing so would mean punishing him purposefully for something he did without intent. You should also be friendly with him and treat him as gently as you can.
Islam generally promotes forgiveness and pardon; however, overlooking crimes and continually forgiving offenders tend to encourage further wrongdoing. Therefore, retribution and vengeance are necessary to deter crime.
Forgiveness of Prophet Yusuf: Prophet Yusuf served as the chief minister of Egypt, responsible for overseeing the country’s treasury. During a prolonged drought, people came to Egypt to receive their rations of staple wheat. Among those travelers were Yusuf’s brothers, who arrived to obtain their share of grain. During their third visit, they recognized their brother, Yusuf. Overwhelmed by feelings of shame, guilt, and fear, they worried about the punishment they might face for having abandoned him in the well. At this moment, Yusuf had the power to punish them as he saw fit. However, he chose instead to forgive them and said:
قَالَ لَا تَثْرِيبَ عَلَيْكُمُ الْيَوْمَ ۖ يَغْفِرُ اللَّهُ لَكُمْ ۖ وَهُوَ أَرْحَمُ الرَّاحِمِينَ ﴿٩٢﴾
12:92 He said, “No blame will there be upon you today. Allah will forgive you; and He is the most merciful of the merciful.”
Forgiveness of the Prophet of Islam: In the eighth year after immigrating to Medina, the Prophet Muhammad (SAWA) conquered Mecca. Upon entering the city, he visited the Masjid al-Ḥarām, where he ordered the destruction of the idols and declared, “There is no god but God, the One and Only.”
He then turned to the people of Mecca and asked, “What do you say and suspect?” They replied, “We speak positively about you and hold you in high regard. A noble brother, the son of a noble lineage, has achieved victory.”
The Prophet then stated, “I will say to you what my brother Yusuf said: ‘Today, no blame will be upon you. Allah will forgive you; He is the most merciful of the merciful.’ I free you all. You may go.”
Translation of Phrases:
| And the right of him who wrongs you, whether verbally or physically, is that | وَأمّــــــا حَقُّ مَنْ سَاءَكَ القَضَاءُ عَلَى يَدَيهِ بقَوْلٍ أَوْ فِعْلٍ |
| it is more appropriate for you to pardon him if it is done intentionally. | فَإنْ كَانَ تَعَمَّدَهَا كَانَ العَفْوُ أَوْلَى بكَ |
| Forgiveness eliminates hatred and is a good way to discipline most such people. | فِيهِ لَهُ مِن القَمْعِ وَحُسْنَ الأَدَب مَعَ كَثِيرِ أَمْثالِهِ مِنَ الخَلْقِ، |
| Indeed, God says: “And whoever defends himself after having been wronged – those have not upon them any cause (for blame). The cause (for blame) is only against the ones who wrong the people and tyrannize upon the earth without right. Those will have a painful punishment. And whoever is patient and forgives – indeed, that is of the matters (requiring) determination.” | فإنَّ اللهَ يَقُولُ {وَلَمَنِ انتَصَرَ بَعْــــــــــــدَ ظُلْمِهِ فَأُولئِكَ مَا عَلَيْهِمْ مِنْ سَبيلٍٍ. إنمَّا السّبيلُ عَلى الَّذين يظْلِمونَ النَّاسَ ويَبغونَ في الأرْضِ بغَيرِ الحَقِّ، أُولئِكَ لهُم عَذابٌ أليِمٌ. وَلمَنْ صَبَرَ وَغَفَرَ إنَّ ذلِكَ لََمِنْ عَزْمِ الأُمُورِ } |
| The Almighty, the High, also says: “And if you punish (an enemy), punish with an equivalent of that with which you were harmed. But if you are patient, it is better for those who are patient.” | وَقَــــــــــــــــــالَ عَزَّ وَجَلَّ} وَإنْ عَاقَبْتُمْ فَعَاقِبُوا بمِثلِ مَــــــــــــــا عُوقِبتُمْ به وَلَئِنْ صَبَرْتُمْ لَهُوَ خَيْرٌ لِلصَّابرِينَ} |
| This is so if it was intentional. | هَـــــــــذا فِي الْعَمْدِ |
| But suppose he who wrongs you has done it unintentionally. | فَإنْ لَمْ يَكُنْ عَمْدًا |
| In that case, you should not oppress him by intentionally insisting on retaliation, | لَمْ تَظْلِمْهُ بتَعَمُّدِ الانتِصَارِ مِنْهُ |
| in which case you would deliberately punish him for what he has done unintentionally. | فَتَكُونَ قَدْ كَافَأتَهُ فِي تَعَمُّــدٍ عَلَى خَطَــــــــــــــــأٍ |
| You should also be friendly with him and treat him as gently as you can. | وَرَفِقْتَ بهِ وَرَدَدتَهُ بأَلْطَفِ مَا تقْدِرُ عَلَيْهِ |
| And there is no power but in God. | ولا قُوَّةَ إلا باللهِ |
Note:
[1] (القَمْعِ) repression, suppression
[2] (حُسْنَ الأَدَب) good way to discipline
[3] (انتَصَرَ)=defend himself
[4] Ash-Shura, 42:41-43
[5] An-Nahl, 16:126
[6] (بتَعَمُّدِ الانتِصَارِ مِنْهُ) Deliberately trying to win over him
Part of a Series: Commentary on Imam Al-Sajjad’s (AS) treaties of right
In the Name of Allah: Commentary on the Holy Quran (1:1)