Tafsir on Sura An Nisa` 4:105

Ok...then lets start with the Information Ibn Kathir provides us about this and the next few verses:

Allah says to His Messenger, Muhammad ﷺ,

إِنَّا أَنزَلْنَا إِلَيْكَ الْكِتَابَ بِالْحَقِّ

(Surely, We have sent down to you the Book in truth) meaning, it truly came from Allah and its narrations and commandments are true. Allah then said,

لِتَحْكُمَ بَيْنَ النَّاسِ بِمَا أَرَاكَ اللَّهُ

(that you might judge between men by that which Allah has shown you,)

In the Two Sahihs, it is recorded that Zaynab bint Umm Salamah said that Umm Salamah said that the Messenger of Allah ﷺ heard the noise of disputing people close to the door of his room, and he went out to them saying,

أَلَا إِنَّمَا أَنَا بَشَرٌ، وَإِنَّمَا أَقْضِي بِنَحْوٍ مِمَّا أَسْمَعُ، وَلَعَلَّ أَحَدَكُمْ أَنْ يَكُونَ أَلْحَنَ بِحُجَّتِهِ مِنْ بَعْضٍ فَأَقْضِيَ لَهُ، فَمَنْ قَضَيْتُ لَهُ بِحَقِّ مُسْلِمٍ، فَإِنَّمَا هِيَ قِطْعَةٌ مِنْ نَارٍ، فَلْيَحْمِلْهَا أَوْ لِيَذَرْهَا

(Verily, I am only human and I judge based on what I hear. Some of you might be more eloquent in presenting his case than others, so that I judge in his favor. If I judge in one's favor concerning the right of another Muslim, then it is a piece of the Fire. So let one take it or leave it.)

Imam Ahmad recorded that Umm Salamah said, "Two men from the Ansar came to the Messenger of Allah ﷺ with a dispute regarding some old inheritance, but they did not have evidence. The Messenger of Allah ﷺ said,

إِنَّكُمْ تَخْتَصِمُونَ إِلَيَّ، وَإِنَّمَا أَنَا بَشَرٌ، وَلَعَلَّ بَعْضَكُمْ أَلْحَنُ بِحُجَّتِهِ مِنْ بَعْضٍ، وَإِنَّما أَقْضِي بَيْنَكُمْ عَلى نَحْوٍ مِمَّا أَسْمَعُ، فَمَنْ قَضَيْتُ لَهُ مِنْ حَقِّ أَخِيهِ شَيْئًا فَلَا يَأْخُذْهُ، فَإِنَّمَا أَقْطَعُ لَهُ قِطْعَةً مِنَ النَّارِ، يَأْتِي بِهَا إِسْطَامًا فِي عُنُقِهِ يَوْمَ الْقِيَامَةِ

(You bring your disputes to me, but I am only human. Some of you might be more persuasive in their arguments than others. I only judge between you according to what I hear. Therefore, whomever I judge in his favor and give him a part of his brother's right, let him not take it, for it is a part of the Fire that I am giving him and it will be tied around his neck on the Day of Resurrection.)

The two men cried and each one of them said, 'I forfeit my right to my brother.' The Messenger of Allah ﷺ said,

أَمَا إِذْ قُلْتُمَا فَاذْهَبَا فَاْقَتَسِمَا، ثُمَّ تَوَخَّيَا الْحَقَّ ثُمَّ اسْتَهِمَا، ثُم لِيُحْلِلْ كُلُّ وَاحِدٍ مِنْكُمَا صَاحِبَهُ

(Since you said that, then go and divide the inheritance, and try to be just in your division. Then draw lots, and each one of you should forgive his brother thereafter (regardless of who got the best share).)" Allah's statement,

يَسْتَخْفُونَ مِنَ النَّاسِ وَلَا يَسْتَخْفُونَ مِنَ اللَّهِ

(They may hide (their crimes) from men, but they cannot hide (them) from Allah chastises the hypocrites because they hide their evil works from the people so that they will not criticize them. Yet, the hypocrites disclose this evil with Allah, Who has perfect watch over their secrets and knows what is in their hearts. This is why Allah said,

وَهُوَ مَعَهُمْ إِذْ يُبَيِّتُونَ مَا لَا يَرْضَىٰ مِنَ الْقَوْلِ وَكَانَ اللَّهُ بِمَا يَعْمَلُونَ مُحِيطًا

(for He is with them (by His knowledge), when they plot by night in words that He does not approve. And Allah ever encompasses what they do) threatening and warning them. Allah then said,

هَا أَنتُمْ هَٰؤُلَاءِ جَادَلْتُمْ عَنْهُمْ فِي الْحَيَاةِ الدُّنْيَا

(Lo! You are those who have argued for them in the life of this world,) meaning, suppose these people gain the verdict from the rulers in their favor in this life, since the rulers judge according to what is apparent to them. However, what will their condition be on the Day of Resurrection before Allah, Who knows the secret and what is even more hidden? Who will be his advocate on that Day? Verily, none will support them that Day. Hence, Allah's statement,

أَم مَّن يَكُونُ عَلَيْهِمْ وَكِيلًا

(or who will then be their defender?)

From another source:

(4:105) (O Messenger!) We have revealed to you this Book with the Truth so that you may judge between people in accordance with what Allah has shown you. So do not dispute on behalf of the dishonest,140

140. These and certain other verses which occur a little later on (see verses 113 ff.) deal with an important matter, related to an incident that took place around the time they were revealed. The incident involved a person called Tu'mah or Bashir ibn Ubayriq of the Banu Zafar tribe of the Ansar. This man stole an Ansari's coat of mail. While the investigation was in progress, he put the coat of mail in the house of a Jew. Its owner approached the Prophet (peace be on him) and expressed his suspicion about Tu'mah. But Tu'mah, his kinsmen and many of the Banu Zafar colluded to ascribe the guilt to the Jew. When the Jew concerned was asked about the matter he pleaded that he was not guilty. Tu'mah's supporters, on the other hand, waged a vigorous propaganda campaign to save Tu'mah's skin. They argued that the wicked Jew, who had denied the Truth and disbelieved in God and the Prophet (peace be on him), was absolutely untrustworthy, and his statement ought to be rejected outright. The Prophet (peace be on him) was about to decide the case against the Jew on formal grounds and to censure the plaintiff for slandering Banu Ubayriq, but before he could do so, the whole matter was laid bare by a revelation from God. (For the traditions cited here, see the commentary of Ibn Kathir on this verse - Ed.)

It is obvious that the Prophet (peace be on him) would have committed no sin if he had given judgement on the evidence before him. Judges are quite often faced with such situations. False evidence is given in order to obtain wrong verdicts. The time when this case came up for decision was a time of severe conflict between Islam and unbelief. Had the Prophet (peace be on him) issued a wrong judgement on the basis of the evidence before him, it would have provided the opponents of Islam with an effective weapon against the Prophet (peace be on him) as well as against the entire Islamic community, and even Islam itself. They could have spread the word that the Prophet (peace be on him) and his followers were not concerned about right and justice: it would have been claimed that they were guilty of the same prejudice and chauvinism against which they had themselves been preaching. It was specifically to prevent this situation that God intervened in this particular case.

In this and the following (verses 105 ff.) the Muslims were strongly censured for supporting criminals for no other reason than either family or tribal solidarity and were told that they should not allow prejudice to interfere with the principle of equal justice for all. Man's instinctive honesty revolts against the idea of supporting one's own kin even when they are wrong, and denying others their legitimate rights.

وَّاسۡتَغۡفِرِ اللّٰهَ​ ؕ اِنَّ اللّٰهَ كَانَ غَفُوۡرًا رَّحِيۡمًا​ ۚ‏ 

(4:106) and seek forgiveness from Allah. Surely Allah is All-Forgiving, All-Compassionate.

وَلَا تُجَادِلۡ عَنِ الَّذِيۡنَ يَخۡتَانُوۡنَ اَنۡفُسَهُمۡ​ ؕ اِنَّ اللّٰهَ لَا يُحِبُّ مَنۡ كَانَ خَوَّانًا اَثِيۡمًا ۙ​ ۚ‏ 

(4:107) Do not plead for those who are dishonest to themselves;141 Allah does not love him who betrays trust and persists in sin.

141. Whoever commits a breach of trust with others in fact commits a breach of trust with his own self first. For the powers of his head and heart have been placed at his disposal as a trust, and by misusing them he is forcing those powers to support him in acts which involve a breach of trust. In doing so the person concerned suppresses his conscience, which God has placed as a sentinel over his moral conduct, with the result that it is rendered incapable of preventing him from acts of wrong and iniquity. It is only after a man has already carried out this cruel suppression of conscience within himself that he is able to commit acts of sin and iniquity outwardly.

يَّسۡتَخۡفُوۡنَ مِنَ النَّاسِ وَلَا يَسۡتَخۡفُوۡنَ مِنَ اللّٰهِ وَهُوَ مَعَهُمۡ اِذۡ يُبَيِّتُوۡنَ مَا لَا يَرۡضٰى مِنَ الۡقَوۡلِ​ؕ وَكَانَ اللّٰهُ بِمَا يَعۡمَلُوۡنَ مُحِيۡطًا‏ 

(4:108) They can hide (their deeds) from men but they cannot hide (them) from Allah for He is with them even when they hold nightly counsels that are unpleasing to Allah. Allah encompasses all their doings.

هٰۤاَنۡتُمۡ هٰٓؤُلَۤاءِ جَادَلۡـتُمۡ عَنۡهُمۡ فِى الۡحَيٰوةِ الدُّنۡيَا فَمَنۡ يُّجَادِلُ اللّٰهَ عَنۡهُمۡ يَوۡمَ الۡقِيٰمَةِ اَمۡ مَّنۡ يَّكُوۡنُ عَلَيۡهِمۡ وَكِيۡلًا‏  

(4:109) You pleaded on their behalf in this worldly life but who will plead with Allah on their behalf on the Day of Resurrection, or who will be their defender there?

وَ مَنۡ يَّعۡمَلۡ سُوۡٓءًا اَوۡ يَظۡلِمۡ نَفۡسَهٗ ثُمَّ يَسۡتَغۡفِرِ اللّٰهَ يَجِدِ اللّٰهَ غَفُوۡرًا رَّحِيۡمًا‏ 

(4:110) He who does either evil or wrongs himself, and then asks for the forgiveness of Allah, will find Allah All-Forgiving, All-Compassionate.

وَمَنۡ يَّكۡسِبۡ اِثۡمًا فَاِنَّمَا يَكۡسِبُهٗ عَلٰى نَفۡسِهٖ​ؕ وَكَانَ اللّٰهُ عَلِيۡمًا حَكِيۡمًا‏ 

(4:111) He who commits a sin, commits it only to his detriment. Surely Allah is All-Knowing, All-Wise.

وَمَنۡ يَّكۡسِبۡ خَطِيۡٓـئَةً اَوۡ اِثۡمًا ثُمَّ يَرۡمِ بِهٖ بَرِيۡٓـئًـا فَقَدِ احۡتَمَلَ بُهۡتَانًا وَّاِثۡمًا مُّبِيۡنًا‏ 

(4:112) But he who commits either a fault or a sin, and then casts it upon an innocent person, lays upon himself the burden of a false charge and a flagrant sin.