In answer to the video "Three Quran Verses Every Jew Should Know (David Wood)"
Manslaughter has several degrees of seriousness depending on the victim, as exemplified through the story of Adam's 2 sons, whom the Quran does not name as it eloquently and concisely draws its audience's attention to the story's core precepts without distracting it with names of persons and places. The one slain was innocent of any wrongdoing, even warned his brother that was about to kill him, tried reforming him.
But this familial tragedy was about to repeat itself, as the murderous Israelites were trying by all means to put an end to their Ishmaelite brother's life, despite his warnings and calls to reforms, there being no reasons for them to threaten and attack him. The Jews of the prophet's time were not only trying to kill a man innocent of any wrongdoing against them and in general, but were trying to kill a prophet of God as their forefathers tried doing and sometimes succeeded against the prophets raised from among themselves and who called them to adhere to their own Books which they had thrown behind their backs and forgotten. The story of the 2 sons of Adam ends with a reminder of a lesson they knew very well
5:32"For this reason did We write upon the children of Israel that whoever slays a soul, unless it be for manslaughter or for mischief in the land, it is as though he slew all men; and whoever keeps it alive, it is as though he kept alive all men".This is to emphasize the sanctity of human life, indiscriminately. It is essential for its preservation that everyone should regard the life of the other, whoever he might be, as sacred and help to protect it. The one who takes the life of another without right, does not commit injustice to that one alone, but also proves that he has no feeling for the sanctity for human life and mercy for others. But if one helps preserving a single human life, then it is a though he saved the whole human race. Notice the subtle nuance between killing, which is conditional, and saving, without any condition. This is because killing may be inevitable and necessary, such as in war situations. It may also be a legitimate right for the family of a murder victim. But saving is a course of action which the person is freely left to apply, depending on his internal disposition and ability to forgive. When a person chooses that option despite the right and possibility to kill, then the Quran praises him for his selflessness.
This is the supreme realism, pragmatism of the Quran, which will forever remain far above the heads of those mindless critics. Let me dig the knife a bit deeper before getting back to Cain and Abel.
While always opening the door to a peaceful resolution and magnanimity, the Quran however never denies the basic human right of self-defense when unjustly opressed beyond the limits where peaceful diplomacy can still stop this harassement and eventually reform the opposite party, when such oppression goes as far as threatening one's life. If in such case, one opts for a more confrontational stance, as most would tend to do when wronged, the Quran explicitly forbids any retaliation above and beyond what a person has himself received 2:190-5,16:126-8,22:60,42:39-43.
The very foundations of the divine law, as taught by all Prophets, is the establishment of justice and to argue a person has no right to seek his rights, or no say in the matter once guilt has been established, is an absolute wrong. In various types of social felonies, the Quran gives the right of having recourse to the law of "equitable punishment or compensation"/qisas, which is approximately equivalent to what Judeo-Christian tradition refers to as lex talonis 2:178,5:45. It is not an "exact same thing" situation, since killing another's child because he killed mine would be against all common sense, and justice. "Life for life" does not entail "your child's life in exchange of my child's life". The point is that the offending party must compensate with a life, the murderer's own life. It is a "punishment fits the crime" scenario. The definition of the word "qisas" itself stresses the importance of fairness and justice in the application of that system.
As stated in 17:33, the retribution must never exceed the harm suffered. This blocks the way to blind vengence and actually helps society to seek reparation for a moral or spiritual harm in conformity with justice. However it is stressed that in both cases (self-defense and social justice) the opressed or the victim may show magnanimity and forgiveness in order to grow spiritually, an issue the Torah, which also mentions the law of retaliation, does not contain in its proper context. To its credit, the HB does speak in other places of self-restraint as a great virtue
Prov14:29,20:22,19:11"It is good sense for a man to be slow to anger, and it is his glory to pass over a transgression".
This then means that the equitable physical injury is the maximum that the victim can ask for with preferrance for forgiveness and even better forgiveness. It says that such patient attitude is a great sign of spiritual might and courage, a blessing from Allah and the way He prefers for His creatures
3:134,16:126,41:34-36,42:43"And whoever is patient and forgiving, these most surely are actions due to courage".This shows that the the spirit of vengeance is absent from the law, which is but aimed at reforming the society and deterring future vices. By encouraging instead of imposing this act of amnesty, it appeases the aggrieved party by giving it the position of superiority because the death penalty is a legitimate and authorized option. Further, by knowing that execution might be an option, the instinctive reaction of seeking revenge killings is neutralized. Another aspect of forgiveness, as stated in the verse is an act first and foremost beneficial to the victim of injustice. As the Quran says, it isnt an act of weakness but of courage. The injustice comitted isnt condoned, neither is one required to forget, deny or minimize it. Nor does forgiveness in this context necessarily entail reconciliation. Forgiveness is first meant at benefitting the victim, not the offender. It prevents wasting mental and emotional energy by being trapped in a self-consuming anger.
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