HKB
time when death presenteth itself unto one of them, and he saith, Verily I repent now; nor unto those who die unbelievers; for them have we prepared a grievous punishment.
k For this may happen by contract, or on some other special occasion. l Here, and in the next case, the brother and sister are made equal sharers, which is an exception to the general rule, of giving a male twice as much as a female; and the reason is said to be because of the smallness of the portions, which deserve not such exactness of distribution; for in other cases the rule holds between brother and sister, as well as other relations.1 m Either adultery or fornication. n Their punishment, in the beginning of Mohammedism, was to be immured till they died, but afterwards this cruel doom was mitigated, and they might avoid it by undergoing the punishment ordained in its stead by the Sonna, according to which the maidens are to be scourged with a hundred stripes, and to be banished for a full year; and the married women to be stoned.2 o The commentators are not agreed whether the text speaks of fornication or sodomy. Al Zamakhshari, and from him, al Beidâwi, supposes the former is here meant: but Jallalo'ddin is of opinion that the crime intended in this passage must be committed between two men, and not between a man and a woman; not only because the pronouns are in the masculine gender, but because both are ordered to suffer the same slight punishment, and are both allowed the same repentance and indulgence; and especially for that a different and much severer punishment is appointed for the women in the preceding words. Abu'l Kâsem Hebatallah takes simple fornication to be the crime intended, and that this passage is abrogated by that of the 24th chapter, where the man and the woman who shall be guilty of fornication are ordered to be scourged with a hundred stripes each. p The original is, Do them some hurt or damage: by which some understand that they are only to reproach them in public,3 or strike them on the head with their slippers4 (a great indignity in the east), though some imagine they may be scourged.5
1 See this chapter, near the end. 2 Jallalo'ddin. 3 Jallalo'ddin, Yahya, Abul Kâsem Habatallah, al Beidâwi. 4 Jallalo'ddin al Beidâwi. 5 Al Beidâwi.