Sahih International(2:190) : Fight in the way of Allah those who fight you but do not transgress. Indeed. Allah does not like transgressors.
What is the interpretation of this verse.
Sahih International(2:190) : Fight in the way of Allah those who fight you but do not transgress. Indeed. Allah does not like transgressors.
What is the interpretation of this verse.
The following is related in the tafsir of the verse:
Some hold that it is abrogated. The context (2:190-194) shows that it was revealed before the conquest of Makkah. This was either in the very beginning when Jihad was first made lawful or in the interim peace period after the treaty of Hudaibiya. It is superseded by the latter verses on unrestricted Jihad in Surah at-Tawbah such as :
فإذا انسلخ الأشهر الحرم فاقتلوا المشركين حيث وجدتموهم
And when the sacred months have passed, then kill the polytheists wherever you find them
يا أيها الذين آمنوا قاتلوا الذين يلونكم من الكفار
O you who have believed, fight those adjacent to you of the disbelievers
وقاتلوا المشركين كافة
And fight against the disbelievers collectively
قاتلوا الذين لا يؤمنون بالله ولا باليوم الآخر ولا يحرمون ما حرم الله ورسوله ولا يدينون دين الحق
Fight those who do not believe in Allah or in the Last Day and who do not consider unlawful what Allah and His Messenger have made unlawful and who do not adopt the religion of truth ...
These verses do not limit the fight to self-defense, but rather are general and their apparent meaning includes all disbelievers whether or not they begin the fight. Since these verses were revealed after 2:190 they abrogate it.
Some hold that it was abrogated before the revelation of Surah at-Tawbah, such as by the verse after it:
واقتلوهم حيث ثقفتموهم وأخرجوهم من حيث أخرجوكم والفتنة أشد من القتل ولا تقاتلوهم عند المسجد الحرام حتى يقاتلوكم فيه فإن قاتلوكم فاقتلوهم كذلك جزاء الكافرين
And kill them wherever you overtake them and expel them from wherever they have expelled you, and fitnah is worse than killing. And do not fight them at al-Masjid al- Haram until they fight you there. But if they fight you, then kill them. Such is the recompense of the disbelievers.
As this verse allows for killing (hence fighting) the disbelievers wherever they may be found and allows initiating fighting with them except in the precinct of the Masjid al-Haram where they are not be fought unless they fight first.
And some held that it is abrogated by the verse:
وقاتلوهم حتى لا تكون فتنة ويكون الدين لله فإن انتهوا فلا عدوان إلا على الظالمين
Fight them until there is no [more] fitnah and [until] worship is [acknowledged to be] for Allah. But if they cease, then there is to be no aggression except against the oppressors.
As it commands fighting until the end of Fitnah (which is understood by the majority of the exegetes as meaning Kufr and Shirk) and until Islam is the only religion left. Similarly انتهوا (cease) is understood to mean leaving kufr and accepting Islam or jizya and الظالمين (oppressors) is understood to mean all disbelievers as in the verse:
ومن أظلم ممن افترى على الله كذبا أو كذب بآياته إنه لا يفلح الظالمون
And who is more unjust than one who invents about Allah a lie or denies His verses? Indeed, the oppressors will not succeed.
Some hold that the verse is not abrogated, but rather means that fighting should be only against those who are capable of fighting, i.e. adult men. And those who do not fight are the women and children, and depending on the madhab the old men, monks, physically disabled etc. Killing them is transgression.
Some held that it was revealed during the period of peace because of the treaty of Hudaibiya. According to the terms of the treaty there was supposed to be a ceasefire for 10 years and the Muslims were permitted by the Quraysh to enter Makkah to perform Umrah.
The Muslims however feared betrayal of the treaty, and they asked the prophet about what to do if they were attacked when they entered Makkah. This was because there was a prohibition on fighing because of three reasons:
This verse is a reply to that concern. Allah permitted the Muslims to defend themselves if they were attacked, but he forbade them from attacking first because of the above prohibitions.
Hence the verse is specific to this situation, e.g during a treaty. And does not apply to all war in general.
Some hold that this verse is a command to fight those who fight us. However the verse is silent about those who do not fight us. Silence is not proof of prohibition, and saying 'Fight those who fight you' does not automatically mean that it is haram to fight 'those who do not fight you'.
As for those who do not fight us first, this verse is silent on them but fighting them has been made permissible and obligatory in other verses and ahadith.
The phrase 'do not transgress' is understood to mean the matters which are forbidden in fighting, such as killing women and children, violating treaties, mutilating dead bodies, stealing from the spoils of war etc. It does not mean 'do not attack first' as there is no real evidence for that prohibition.
References: Tafsir al-Qurtubi, Tafsir al-Tabary
As for the interpretation that this verse generally forbids initiating the fighting and only allows for fighting in self-defense - then I am not aware of any reputable classic scholar who has adopted that view. And several scholars have negated the existence of such a view, such as:
فأما الذين يحاربون فاتفقوا على أنهم جميع المشركين؛ لقوله تعالى: {وقاتلوهم حتى لا تكون فتنة ويكون الدين كله لله} [الأنفال: 39] ، إلا ما روي عن مالك أنه قال: لا يجوز ابتداء الحبشة بالحرب ولا الترك؛ لما روي أنه - عليه الصلاة والسلام - قال: «ذروا الحبشة ما وذرتكم» . وقد سئل مالك عن صحة هذا الأثر، فلم يعترف بذلك، لكن قال: لم يزل الناس يتحامون غزوهم.
The jurists agreed, with respect to the people who are to be fought, that they are all of the polytheists (muskrikun), because of the words of the Exalted, "And fight them until persecution is no more, and religion is all for Allah".
Except what is narrated from Malik, who said it is not permitted to commence hostilities against the Ethiopians, nor against the Turks, because of the report from the Prophet (God's peace and blessings be upon him),
"Leave the Ethiopians in peace as long as they leave you alone". (Abu Dawud)
Malik was questioned about the authenticity of this tradition. He did not acknowledge it, but said, "People continue to avoid an attack on them"
— Bidaayat al-Mujtahid [(English)]
لا نعلم أحدا من الفقهاء يحظر قتال من اعتزل قتالنا من المشركين وإنما الخلاف في جواز ترك قتالهم لا في حظره
We do not know of anyone among the jurists who held the opinion of prohibiting fighting against those who refrain from fighing us from the mushriqeen, and disagreement is only in the permission of refraining from fighting not on its prohibition
يجب علينا أن نبدأهم بالقتال وإن لم يقاتلونا ... وعليه إجماع الأمة
It is obligatory on us to initiate fighting them even if they do not fight us ... and on this the Ummah has a consensus