لَوْلَا جَاؤُوا عَلَيْهِ بِأَرْبَعَةِ شُهَدَاء فَإِذْ لَمْ يَأْتُوا بِالشُّهَدَاء فَأُوْلَئِكَ عِندَ اللَّهِ هُمُ الْكَاذِبُونَ
Why did they not bring four witnesses to it? So if they did not bring the witnesses, they are liars in Allah’s sight.
EXEGESIS
The English translation of ʿind allāh as in Allah’s sight should not to be understood literally. The expression means ‘in the consideration of God’, or ‘as far as God is concerned’, ‘before God’, or something to that effect.
EXPOSITION
This verse also begins with the deploring law lā (Why … not) pointing out that God had instructed the believers that if someone wishes to accuse another person of zināʾ, they must bring four witnesses or face punishment for slander (see verses 2-4). Since the slanderers failed to do so, God declares them to be liars, both in reality and for practical purposes, and demands that the Muslim community should treat them as such as well.
The statements of this verse can also be considered a continuation of what the believers were instructed to say in the previous verse, but what is more appropriate is that it is an exhortation of God.
Why did they not bring four witnesses to it: they should be referring to the band mentioned in verse 11. That is, those who came up with the slander should have come forth with four witnesses.[1] Alternatively, it could refer to those who engaged with and spread the rumours further.[2]
So if they did not bring the witnesses, they are liars in Allah’s sight: the caveat of in Allah’s sight is important, since if a person accuses someone else of adultery and does not bring four witnesses, it is possible that they had told the truth; however, by the shariah they should be lashed eighty for slander and they should be considered liars for practical legal purposes.[3]
This also raises an interesting aspect of the shariah, namely the difference between what is real (wāqiʿ) and what is apparent (ẓāhir). Oftentimes, God does not legislate or want us to act based on what is the real state of affairs, since it may not be possible to be established, but rather to act on what is apparent. So, for example with regards to ritual impurity (najāsah), one is not required to know that something is actually impure in reality, but rather whether that impurity has been established through apparent evidence or not.
It has been understood by some that the verse means that people who heard the slander should have demanded the slanderers to bring forth four witnesses.[4] The previous verse told us that they should have reacted by saying it is an obvious calumny, and reject it as an outright lie. These two understandings are not necessary mutually exclusive though, as they could first condemn it as an obvious calumny, then follow that by saying ‘if you speak the truth, bring four witnesses to corroborate it, otherwise you are to be considered liars’.
REVIEW OF TAFSĪR LITERATURE
It has been argued that they are liars in Allah’s sight means in the knowledge of God. That is God is informing us that those who slandered the spouse of the Prophet were lying.[5]
INSIGHTS FROM OTHER TRADITIONS
- A single witness shall not suffice against a person for any crime or for any wrong in connection with any offense that he has committed. Only on the evidence of two witnesses or of three witnesses shall a charge be established. If a malicious witness arises to accuse a person of wrongdoing, then both parties to the dispute shall appear before the Lord, before the priests and the judges who are in office in those days. The judges shall inquire diligently, and if the witness is a false witness and has accused his brother falsely, then you shall do to him as he had meant to do to his brother. So you shall purge the evil from your midst.[6]
- Do not judge by appearances, but judge with right judgment.[7]
[1] Tabari, 18/78.
[2] Alusi, 9/314.
[3] Tibyan, 7/416. See also Razi, 23/342; Baghawi, 3/394; Alusi, 9/314; Mizan, 15/91.
[4] Nemuneh, 14/398.
[5] Alusi, 9/314.
[6] Deuteronomy 19:15-21.
[7] John 7:24.