Yusuf 12:76

(By Allah! Indeed you know that we came not to make mischief in the land, and we are no thieves!) `Ever since you knew us, you, due to our good conduct, became certain that,

(we came not to make mischief in the land, and we are no thieves!) They said, `Theft is not in our character, as you came to know.' Yusuf's men said,

`(What then shall be the penalty of him), in reference to the thief, if it came out that he is one of you,'

(if you are (proved to be) liars) They asked them, `What should be the thief's punishment if he is one of you'

(They said: "His penalty should be that he, in whose bag it is found, should be held for the punishment. Thus we punish the wrongdoers!") This was the law of Prophet Ibrahim, peace be upon him, that the thief be given as a slave to the victim of theft. This is what Yusuf wanted, and this is why he started with their bags first before his brother's bag, to perfect the plot,

(Then he brought it out of his brother's bag.) Therefore, Yusuf took Binyamin as a slave according to their judgement and the law which they believed in. So Allah said;

(Thus did We plan for Yusuf.) and this is a good plot that Allah likes and prefers, because it seeks a certain benefit using wisdom and the benefit of all. Allah said next,

(He could not take his brother by the law of the king,) as a captive, for this was not the law of king of Egypt, according to Ad-Dahhak and several other scholars. Allah only allowed Yusuf to take his brother as a captive after his brothers agreed to this judgement beforehand, and he knew that this was their law. This is why Allah praised him when He said,

(We raise to degrees whom We will,) just as He said in another Ayah,

(Allah will exalt in degree those of you who believe.) 58:11 Allah said next,

(but over all those endowed with knowledge is the All-Knowing.) Al-Hasan commented, "There is no knowledgeable person, but there is another person with more knowledge until it ends at Allah the Exalted and Most Honored. In addition, `Abdur-Razzaq recorded that Sa`id bin Jubayr said, "We were with Ibn `Abbas when he narrated an amazing Hadith. A man in the audience said, `All praise is to Allah! There is an all-knowing above every person endowed with knowledge.' Ibn `Abbas responded, `Worse it is that which you said! Allah is the All-Knowing and His knowledge is above the knowledge of every knowledgeable person.' Simak narrated that `Ikrimah said that Ibn `Abbas said about Allah's statement,

(but over all those endowed with knowledge is the All-Knowing (Allah).) "This person has more knowledge than that person, and Allah is above all knowledgeable persons." Similar was narrated from `Ikrimah. Qatadah said, "Over every person endowed with knowledge is a more knowledgeable person until all knowledge ends with Allah. Verily, knowledge started from Allah, and from Him the scholars learn, and to Him all knowledge returns." `Abdullah bin Mas`ud read the Ayah this way, (وَفَوْقَ كُلِّ عَالِمٍ عَلِيمٌ) "And above every scholar, is the All-Knower (Allah)."

Said in verse 75 was: فَبَدَأَ بِأَوْعِيَتِهِمْ قَبْلَ وِعَاءِ أَخِيهِ , that is, to cover up the real plan, the state officials first searched through the baggage of all brothers. They did not open Benyamin's baggage first lest that causes any doubts.

Then, as said in the first sentence of the next verse (76): ثُمَّ اسْتَخْرَ‌جَهَا مِن وِعَاءِ أَخِيهِ , Benyamin's baggage was opened up last of all and recovered from it was the ` bowl of the king.' At that sight, all brothers were put to shame. They started chiding Benyamin for having disgraced them.

After that, it was said: كَذَٰلِكَ كِدْنَا لِيُوسُفَ ۖ مَا كَانَ لِيَأْخُذَ أَخَاهُ فِي دِينِ الْمَلِكِ إِلَّا أَن يَشَاءَ اللَّـهُ , that is, ` this is how We planned for Yusuf.' He could have not arrested his brother under the Egyptian Imperial Law because, according to their law of theft, there was a corporal punishment for the thief after which he was to be released against the payment of twice the cost of the stolen property. But, here, he had already found out the law of theft operative in the Shari'ah of Sayyidna Ya` qub (علیہ السلام) . According to this law, detaining Benyamin with him became correct and valid. So, also granted through the wisdom and will of Allah Ta’ ala was this wish of Sayyidna Yusuf (علیہ السلام) .

Said in the last sentence of the verse is: نَرْ‌فَعُ دَرَ‌جَاتٍ مَّن نَّشَاءُ ۗ وَفَوْقَ كُلِّ ذِي عِلْمٍ عَلِيمٌ (We elevate in ranks whom so We will [ as, in this event, the ranks of Sayyidna Yusuf (علیہ السلام) were elevated over his brothers ]. And above every man who has knowledge, there is someone more knowledgeable).

It means that Allah has given precedence to some over others in terms of knowledge. Take the highest of the high in knowledge, there is someone more knowledgeable than him. And if there is someone with a knowledge which is superior to the knowledge of the best among the creation of Allah, then, we have the 'Ilm of Allah jalla thana'uh which is the highest of all forever.

Rulings and points of guidance

Some injunctions and rulings deduced from the present verses are given below:

The statement: وَلِمَن جَاءَ بِهِ حِمْلُ بَعِيرٍ‌ (and whoever brings it back shall deserve a camel-load) in verse 72 proves that it is valid to make a general announcement that a particular award or remuneration will be paid to anyone who performs a particular act. This is very much like the cur-rent custom of announcing rewards for the arrest of absconding criminals or for the return of lost properties. Though, this form of transaction does not fall under the juristic definition of Ijarah (hiring), but, in the light of this verse, the justification for this also stands proved. (Qurtubi)

2. The words: وَأَنَا بِهِ زَعِيمٌ (and I stand surety for it) appearing at the end of verse 72 tell us that one person can become the guarantor of financial rights on behalf of another person. The related ruling, according to the majority of Muslim jurists, provides that the creditor has the authority to recover his property from the person legally in debt, or from the guarantor, as he chooses. However, if it is recovered from the guarantor, the guarantor would have the right to recover from the person legally in debt whatever cash or property has been taken from him. (Qurtubi)

3. The sentence: كَذَٰلِكَ كِدْنَا لِيُوسُفَ (This is how We planned for Yusuf) in verse 76 tells us that it is permissible, for a valid reason recognized by Shari’ ah, to change the form of a transaction in a way that it brings a change in its legal status. According to the terminology of the fuqaha' (jurists) it is called 'Hilah Shar` iah' (i.e. a lawful device to avoid a real hardship). However, the condition is that such an action should not cause the invalidation of the injunctions of the Shari’ ah. If so, all such devices are, by the consensus of Muslim jurists, Haram and unlawful - for example, finding an excuse to avoid paying Zakah, or to embark on an unnecessary journey before or during Ramadan simply to seek an excuse for not fasting. This is universally Haram. The hunt for such excuses and devices has brought Divine punishment on some nations, and the Holy Prophet ﷺ has prohibited the use of such stratagems. The entire Muslim Ummah agrees that they are Haram, forbidden and unlawful. Acting upon them does not go on to make whatever is done as permissible. In fact, what falls on the doer is a twofold sin - firstly, that of the original impermissible act; secondly, that of the impermissible device which amounts, in a way, to cheating Allah and His Rasul. That all such hiyal or strategems are impermissible has been proved by Imam Al-Bukhari in his Kitab al Hiyal.