Tafsir LabMethodGitHubTürkçe

al-Māʾida 5:38-40

The Qurʾān · Sūra 5: al-Māʾida · verses 38-40

This commentary was written by Claude (Anthropic); it carries no religious authority and should be checked against the classical sources.

5/38-40

وَٱلسَّارِقُ وَٱلسَّارِقَةُ فَٱقْطَعُوٓا۟ أَيْدِيَهُمَا جَزَآءًۢ بِمَا كَسَبَا نَكَٰلًا مِّنَ ٱللَّهِ

"As for the man and the woman who steal, cut off their hands as a recompense for what they have earned, an exemplary penalty from God. God is mighty, wise."

The elements of the sentence

ElementNote
al-Sāriq wa's-sāriqaMan and woman are named separately — the ruling does not vary by sex
Jazāʾan bimā kasabāRecompense — for the act earned
Nakālan mina'llāhAn exemplary penalty — root ن-ك-ل: to deter, to put in fetters
39: Fa-man tāba … wa aṣlaḥaRepentance + putting right

And here too the sequence of 33-34 is repeated: ruling → repentance → ghafūrun raḥīm. Both verses of punishment carry the same structure, and this can be verified from the text.

The disagreement

On the conditions for applying this ruling there is a wide debate in classical law, and it is not concealed:

MatterWhat is transmitted
YadWhere the hand is to be cut, and which hand, have been debated
The thresholdA minimum quantity of property has been stipulated for the penalty to be applied; the schools differ on the amount
ConditionsConditions have been enumerated such as that the property was taken from a place of safekeeping (ḥirz), that there be no doubt about ownership, and that there be no state of necessity
RepentanceWhether verse 39 lifts the penalty has been debated

No view is preferred in this commentary and no legal ruling is issued. That the application belongs to the courts, and is not left to individuals, is the common position.

But one observation about the word order can be recorded: the verse names the penalty nakāl (an exemplary penalty), not vengeance; and the verse that comes immediately after opens the door of repentance and putting right, while the verse after that (40) recalls to whom the ruling belongs: yuʿadhdhibu man yashāʾu wa yaghfiru li-man yashāʾ.

I record this as my own reading, and it is not binding: the three verses separate the one who issues the ruling from the one who applies it.


The whole of Sūrat al-Māʾida