Question:

(Translated from Turkish)

Assalamu Alaikum, I have the following question:

Sheikh An-Nabahani (ra) said that the fourth Aayah of Surah Muhammad was revealed before the Battle of Badr. What is the evidence for this? While the majority have said that it was revealed after the Battle of Badr? I would be pleased, if you could explain this.

If the married Jaariyah (the one whose right hand possesses) commits Zina (adultery), then is her Hadd (prescribed punishment) Ar-Rajm (stoning)?

The Answer [from the] Arabic:

Wa Alaikumu Assallam Wa Rahmatullahi wa Barakaatuhu,

Your question arrived to me in the Turkish language and after being translated into Arabic, I have answered it in Arabic which was then translated to Turkish. Here is the answer:

Firstly: The Aayah that you have asked about is the following in Surah Muhammad (sallalahu alaihi wassalam):

فَإِذَا لَقِيتُمُ الَّذِينَ كَفَرُوا فَضَرْبَ الرِّقَابِ حَتَّى إِذَا أَثْخَنْتُمُوهُمْ فَشُدُّوا الْوَثَاقَ فَإِمَّا مَنًّا بَعْدُ وَإِمَّا فِدَاءً حَتَّى تَضَعَ الْحَرْبُ أَوْزَارَهَا ذَلِكَ وَلَوْ يَشَاءُ اللَّهُ لَانْتَصَرَ مِنْهُمْ وَلَكِنْ لِيَبْلُوَ بَعْضَكُمْ بِبَعْضٍ وَالَّذِينَ قُتِلُوا فِي سَبِيلِ اللَّهِ فَلَنْ يُضِلَّ أَعْمَالَهُمْ

"So when you meet those who disbelieve [in battle], strike [their] necks until, when you have inflicted slaughter upon them, then secure their bonds, and either [confer] favor afterwards or ransom [them] until the war lays down its burdens. That [is the command]. And if Allah had willed, He could have taken vengeance upon them [Himself], but [He ordered armed struggle] to test some of you by means of others. And those who are killed in the cause of Allah - never will He waste their deeds." [Muhammad: 4]

Surah Muhammad (sallalahu alaihi wassalam) was revealed before the Battle of Badr and the evidence (daleel) for that is as follows:

1) The Messenger of Allah (saw) passed judgement over the captives of war on the day of Badr and this means that the Hukm (ruling) related to the captives had already been revealed because the Messenger of Allah (saw) does not pass judgement without revelation (Wah'i).

2) There is nothing in the Quran Al-Kareem related to captives except for that which has come in Surah Muhammad (saw): ((فَإِمَّا مَنًّا بَعْدُ وَإِمَّا فِدَاءً )) "and either [confer] favor afterwards or ransom [them]" This means that it was revealed before Badr in which captives were taken.

3) The Aayah: ((فَإِذَا لَقِيتُمُ الَّذِينَ كَفَرُوا فَضَرْبَ الرِّقَابِ حَتَّى إِذَا أَثْخَنْتُمُوهُمْ فَشُدُّوا الْوَثَاقَ فَإِمَّا مَنًّا بَعْدُ وَإِمَّا فِدَاءً))

"So when you meet those who disbelieve [in battle], strike [their] necks until, when you have inflicted slaughter upon them, then secure their bonds, and either [confer] favor afterwards or ransom [them]" This Aayah starts with 'Fa Idhaa' (فإذا) (So when or if) and this is followed by the verb in the past tense form 'Laqeetum'  (لقيتم) (You have met) i.e. that the meeting has not yet occurred. This means therefore that the Hukm in the Aayah was revealed before fighting had taken place as the Aayah explains the Hukm (ruling) related to captives when fighting occurs and no fighting took place in which there were captives that required a Hukm (legal ruling) except for Badr.

4) In addition the speech of the All Mighty: ((حَتَّى إِذَا أَثْخَنْتُمُوهُمْ فَشُدُّوا الْوَثَاقَ)) "when you have inflicted slaughter upon them, then secure their bonds," This is a clarification of the Hukm of the time in which captives are taken in battle and this is after the 'Ithkhaan' (killing and wounding of many). And so this would have been revealed before the Battle of Badr because the issue of Al-Ithkhaan occurred for the first time in Badr and as such it is an explanation that captives are only taken after the Ithkhaan which is an explanation of a new Hukm for a reality that had not yet previously occurred.

5) Due to the above the Mantooq (explicit wording) of the Aayah indicates that it was revealed before the occurrence of fighting and it came explaining the ruling (Hukm) of the captives before fighting actually happened and before the occurrence of the Ithkhaan ((فإذا لقيتم)) "So if/when you meet them", ((حتى إذا أثخنتموهم)) "Until when you have killed and wounded many from them." Despite the existence of reports stating that Surah Muhammad was revealed after Badr, the Aayah outweighs the Hadeeth as long as it is not possible to combine and reconcile them which if possible is preferable. However in this case Al-Jam'u (combination and reconciliation) is not possible because the narrations state that the Hukm related to the prisoners was revealed after Badr whilst the Aayah indicates that the Hukm related to the captives was revealed before Badr. For this reason Tarjeeh (outweighing between evidences) needs to take place and the Aayah is stronger outweighing the Ahadith that oppose its meaning.

What emphasizes and strengthens that is the fact that there is no ruling (Hukm) given for captives except for that found in Surah Muhammad and there had been no fighting that required the Hukm for captives except for the fighting of Badr. This is because the Messenger of Allah (saw) passed judgment in regards to the captives of Badr and he (saw) does not pass judgment unless it is from the Wah'i (revelation).

Secondly: As for the Hukm of the married Jaariyah (the one whose right hand possesses) commits Zina (adultery), then it is 50 lashes and the Daleel (evidence) is the speech of Allah (swt):

فَإِذَا أُحْصِنَّ فَإِنْ أَتَيْنَ بِفَاحِشَةٍ فَعَلَيْهِنَّ نِصْفُ مَا عَلَى الْمُحْصَنَاتِ مِنَ الْعَذَابِ ذَلِكَ لِمَنْ خَشِيَ الْعَنَتَ مِنْكُمْ وَأَنْ تَصْبِرُوا خَيْرٌ لَكُمْ وَاللَّهُ غَفُورٌ رَحِيمٌ

"And after they have been taken in wedlock, if they commit illegal sexual intercourse, their punishment is half that for free (unmarried) women. This is for Him among you who is afraid of being harmed in his Religion or In his body; but it is better for you that you practise self-restraint, and Allah is Oft­Forgiving, Most Merciful." [An-Nisaa 25]

And the meaning of 'Half of that of the "نِصْفُ مَا عَلَى الْمُحْصَنَاتِ" ‘Muhsanaat' means half of the Hadd (prescribed punishment) of the free unmarried woman who commits adultery. The ‘Muhsanah' here means the unmarried free woman and if she commits Zinaa the Hadd for her is 100 lashes and half of that are 50. The ‘Muhsanah' here does not refer to the married free woman who commits the act of Zinaa because the Hadd (prescribed punishment) of stoning cannot be divided in half. The Aayah mentions: "نِصْفُ مَا عَلَى الْمُحْصَنَاتِ" "Half that of the free women" and this is a Qareenah (indication) indicating that the 'half' refers to the Hadd of the free un-married woman i.e. half of one hundred which is '50 lashes'. This means that the Khilafah "Caliphate" State will apply the Hadd punishment of 50 lashes upon this category of woman and the Hudood (prescribed punishments of Allah) can only be implemented by the State and they cannot be implemented by individuals. This is an important point that must be fully understood.

However my attention was caught by your question about the married Jaariyah who commits the act of Zinaa,

This is because now Jiwaari (the ones whose right hand possesses) do not exist, so why do you ask?

And I fear that when you stated the Jaariyah (the one whose right hand possesses) you intended the free servant (Khaadimah) and she is not considered to be that which the right hand possesses (i.e. Jaariyah) upon which the ruling of the 'Half of the free woman' applies upon. Rather the Khaadimah (servant) is free and takes the rulings (Ahkaam) of the free women and as such it is necessary to fully comprehend this reality i.e. to understand that the Hukm mentioned in the Aayah applies upon the Jaariyah that is the one whose right hand possesses and these do not exist in our current time. As for servants, they are free women.

Your brother,

Ata Bin Khalil Abu Al-Rashtah

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