Surah Nisa ayat 92 Tafsir Quran 4:92

﴿وَمَا كَانَ لِمُؤْمِنٍ أَن يَقْتُلَ مُؤْمِنًا إِلَّا خَطَأً ۚ وَمَن قَتَلَ مُؤْمِنًا خَطَأً فَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةٍ وَدِيَةٌ مُّسَلَّمَةٌ إِلَىٰ أَهْلِهِ إِلَّا أَن يَصَّدَّقُوا ۚ فَإِن كَانَ مِن قَوْمٍ عَدُوٍّ لَّكُمْ وَهُوَ مُؤْمِنٌ فَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةٍ ۖ وَإِن كَانَ مِن قَوْمٍ بَيْنَكُمْ وَبَيْنَهُم مِّيثَاقٌ فَدِيَةٌ مُّسَلَّمَةٌ إِلَىٰ أَهْلِهِ وَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةٍ ۖ فَمَن لَّمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ تَوْبَةً مِّنَ اللَّهِ ۗ وَكَانَ اللَّهُ عَلِيمًا حَكِيمًا﴾
[ النساء: 92]

4:92 And never is it for a believer to kill a believer except by mistake. And whoever kills a believer by mistake - then the freeing of a believing slave and a compensation payment presented to the deceased's family [is required] unless they give [up their right as] charity. But if the deceased was from a people at war with you and he was a believer - then [only] the freeing of a believing slave; and if he was from a people with whom you have a treaty - then a compensation payment presented to his family and the freeing of a believing slave. And whoever does not find [one or cannot afford to buy one] - then [instead], a fast for two months consecutively, [seeking] acceptance of repentance from Allah. And Allah is ever Knowing and Wise.

It is not for a believer to slay a believer in other words no such slaying should result at his hands except by mistake killing him by mistake unintentionally. He who slays a believer by mistake when he meant to strike some other thing as in the case of hunting or shooting at trees but then happens to strike him with what in most cases would not kill then let him set free let him emancipate a believing slave raqaba denotes nasama ‘a person’ an obligation on him and blood-money is to be submitted to be paid to his family that is the slain person’s inheritors unless they remit it as a charity to him by waiving their claim to it. In the Sunna this blood-money is explained as being equivalent to one hundred camels twenty pregnant twenty female sucklings twenty male sucklings twenty mature ones and twenty young ones not more than five years old; and the Sunna stipulates that it is incumbent upon the killer’s clan namely his paternal relations and not other relatives. They share this burden of the blood-money over three years; the rich among them pays half a dinar while the one of moderate means pays a quarter of a dinar each year; if they still cannot meet this then it can be taken from the treasury and if this is not possible then from the killer himself. If he the slain belongs to a people at enmity at war with you and is a believer then the setting free of a believing slave is incumbent upon the slayer as a redemption but no bloodmoney is to be paid to his family since they are at war with you. If he the slain belongs to a people between whom and you there is a covenant a treaty as is the case with the Protected People ahl al-dhimma then the blood-money for him must be paid to his family and it constitutes a third of the blood-money for a believer if the slain be a Jew or a Christian and two thirds of a tenth of it if he be a Magian; and the setting free of a believing slave is incumbent upon the slayer. But if he has not the wherewithal for setting free a slave failing to find one or the means to obtain one then the fasting of two successive months is incumbent upon him as a redemption here God does not mention the transition to an alternative to fasting which is giving food to the needy as in the case of repudiating one’s wife by zihār something which al-Shāfi‘ī advocates in the more correct of two opinions of his; a relenting from God tawbatan ‘relenting’ is the verbal noun and is in the accusative because of the implied verb.

Observe particularly: It is not right for a believer who has conformed to Islam to kill another believer of the same law unless it be by mistake. And he who kills a Muslim by chance and guilt does not reside in the intention shall run into some consequences in expiation of his wrong, thus

The Ruling Concerning Killing a Believer by Mistake Allah states that the believer is not allowed to kill his believing brother under any circumstances.
In the Two Sahihs, it is recorded that Ibn Mas`ud said that the Messenger of Allah ﷺ said,
«لَا يَحِلُّ دَمُ امْرِىءٍ مُسْلِمٍ يَشْهَدُ أَنْ لَا إِلهَ إِلَّا اللهُ، وَأَنِّي رَسُولُ اللهِ، إِلَّا بِإِحْدَى ثَلَاثٍ: النَّفْسُ بِالنَّفْسِ، وَالثَّيِّبُ الزَّانِي، وَالتَّارِكُ لِدِينِهِ الْمُفَارِقُ لِلْجَمَاعَة»
( The blood of a Muslim who testifies that there is no deity worthy of worship except Allah and that I am the Messenger of Allah ﷺ, is sacred, except in three instances.
(They are: ) life for life, the married adulterer, and whoever reverts from the religion and abandons the Jama`ah ( community of the faithful believers ).) When one commits any of these three offenses, it is not up to ordinary citizens to kill him or her, because this is the responsibility of the Muslim Leader or his deputy.
Allah said, إِلاَّ خَطَئاً ( except by mistake ).
There is a difference of opinion concerning the reason behind revealing this part of the Ayah.
Mujahid and others said that it was revealed about `Ayyash bin Abi Rabi`ah, Abu Jahl's half brother, from his mother's side, Asma' bint Makhrabah.
`Ayyash killed a man called Al-Harith bin Yazid Al-`Amiri, out of revenge for torturing him and his brother because of their Islam.
That man later embraced Islam and performed Hijrah, but `Ayyash did not know this fact.
On the Day of the Makkan conquest, `Ayyash saw that man and thought that he was still a disbeliever, so he attacked and killed him.
Later, Allah sent down this Ayah.
`Abdur-Rahman bin Zayd bin Aslam said that this Ayah was revealed about Abu Ad-Darda' because he killed a man after he embraced the faith, just as Abu Ad-Darda' held the sword above him.
When this matter was conveyed to the Messenger of Allah ﷺ, Abu Ad-Darda' said, "He only said that to avert death." The Prophet said to him,
«هَلَّا شَقَقْتَ عَنْ قَلْبِه»
( Have you opened his heart ) The basis for this story is in the Sahih, but it is not about Abu Ad-Darda'.
Allah said, وَمَن قَتَلَ مُؤْمِناً خَطَئاً فَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةٍ وَدِيَةٌ مُّسَلَّمَةٌ إِلَى أَهْلِهِ ( and whosoever kills a believer by mistake, he must set free a believing slave and submit compensation (blood money ) to the deceased's family) thus, ordaining two requirements for murder by mistake.
The first requirement is the Kaffarah ( fine ) for the great sin that has been committed, even if it was a mistake.
The Kaffarah is to free a Muslim slave, not a non-Muslim slave.
Imam Ahmad recorded that a man from the Ansar said that he brought a slave and said, "O Messenger of Allah! I have to free a believing slave, so if you see that this slave is a believer, I will free her." The Messenger of Allah ﷺ asked her,
«أَتَشْهَدِينَ أَنْ لَا إِلهَ إِلَّا اللهُ؟»
( Do you testify that there is no deity worthy of worship except Allah ) She said, "Yes." He asked her,
«أَتَشْهَدِينَ أَنِّي رَسُولُ اللهِ؟»
( Do you testify that I am the Messenger of Allah ) She said, "Yes." He asked,
«أَتُؤْمِنِينَ بِالْبَعْثِ بَعْدَ الْمَوْتِ؟»
( Do you believe in Resurrection after death ) She said, "Yes." The Prophet said,
«أَعْتِقْهَا»
( Then free her. ) This is an authentic chain of narration, and not knowing the name of the Ansari Companion does not lessen its authenticity.
Allah's statement, وَدِيَةٌ مُّسَلَّمَةٌ إِلَى أَهْلِهِ ( and submit compensation (blood money ) to the deceased's family) is the second obligation which involves the killer and the family of the deceased, who will receive blood money as compensation for their loss.
The compensation is only obligatory for the one who possesses one of five; as Imam Ahmad, and the Sunan compilers recorded from Ibn Mas`ud.
He said; "Allah's Messenger ﷺ determined that the Diyah ( blood money ) for unintentional murder is twenty camels which entered their fourth year, twenty camels which entered their fifth year, twenty camels which entered their second year, and twenty camels which entered their third year." This is the wording of An-Nasa'i.
This Diyah is required from the elders of the killer's tribe, not from his own money.
In the Two Sahihs, it is recorded that Abu Hurayrah said, "Two women from Hudhayl quarreled and one of them threw a stone at the other and killed her and her unborn fetus.
They disputed before the Messenger of Allah ﷺ and he decided that the Diyah of the fetus should be to free a male or a female slave.
He also decided that the Diyah of the deceased is required from the elders of the killer's tribe." This Hadith indicates that in the case of what appears to be intentional murder, the Diyah is the same as that for killing by virtual mistake.
The former type requires three types of Diyah, just like intentional murder, because it is somewhat similar to intentional murder.
Al-Bukhari recorded in his Sahih that `Abdullah bin `Umar said, "The Messenger of Allah ﷺ sent Khalid bin Al-Walid to Banu Jadhimah and he called them to Islam, but they did not know how to say, `We became Muslims.' They started saying, `Saba'na, Saba'na ( we became Sabians ).
Khalid started killing them, and when this news was conveyed to the Messenger of Allah ﷺ, he raised his hands and said,
«اللَّهُمَّ إِنِّي أَبْرَأُ إِلَيْكَ مِمَّا صَنَعَ خَالِد»
( O Allah! I declare my innocence before You of what Khalid did. ) The Messenger ﷺ sent `Ali to pay the Diyah of those who were killed and to compensate for the property that was destroyed, to the extent of replacing the dog's bowl.
This Hadith indicates that the mistake of the Leader or his deputy ( Khalid in this case ) is paid from the Muslim Treasury.
Allah said, إِلاَّ أَن يَصَّدَّقُواْ ( unless they remit it ), meaning, the Diyah must be delivered to the family of the deceased, unless they forfeit their right, in which case the Diyah does not become necessary.
Allah's statement, فَإِن كَانَ مِن قَوْمٍ عَدُوٍّ لَّكُمْ وَهُوَ مْؤْمِنٌ فَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةٍ ( If the deceased belonged to a people at war with you and he was a believer, the freeing of a believing slave (is prescribed );) means, if the murdered person was a believer, yet his family were combatant disbelievers, then they will receive no Diyah.
In this case, the murderer only has to free a believing slave.
Allah's statement, وَإِن كَانَ مِن قَوْمٍ بَيْنَكُمْ وَبَيْنَهُمْ مِّيثَاقٌ ( and if he belonged to a people with whom you have a treaty of mutual alliance, ) meaning, if the family of the deceased were from Ahl Adh-Dhimmah or with whom there is a peace treaty, then they deserve his Diyah; full Diyah if the deceased was a believer, in which case the killer is required to free a believing slave also. فَمَن لَّمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ ( And whoso finds this beyond his means, he must fast for two consecutive months ) without breaking the fast ( in the days of ) the two months.
If he breaks the fast without justification, i.e.
illness, menstruation, post-natal bleeding, then he has to start all over again.
Allah's statement, تَوْبَةً مِّنَ اللَّهِ وَكَانَ اللَّهُ عَلِيماً حَكِيماً ( to seek repentance from Allah.
And Allah is Ever All-Knowing, All-Wise. ) means, this is how the one who kills by mistake can repent, he fasts two consecutive months if he does not find a slave to free. وَكَانَ اللَّهُ عَلِيماً حَكِيماً ( And Allah is Ever All-Knowing, All-Wise ), we mentioned the explanation of this before. Warning Against Intentional Murder After Allah mentioned the ruling of unintentional murder, He mentioned the ruling for intentional murder.
Allah said, وَمَن يَقْتُلْ مُؤْمِناً مُّتَعَمِّداً ( And whoever kills a believer intentionally, ) This Ayah carries a stern warning and promise for those who commit so grave a sin that it is mentioned along with Shirk in several Ayat of Allah's Book.
For instance, in Surat Al-Furqan, Allah said, وَالَّذِينَ لاَ يَدْعُونَ مَعَ اللَّهِ إِلَـهَا ءَاخَرَ وَلاَ يَقْتُلُونَ النَّفْسَ الَّتِى حَرَّمَ اللَّهُ إِلاَّ بِالْحَقِّ ( And those who invoke not any other god along with Allah, nor kill such person as Allah has forbidden, except for just cause ).
Allah said, قُلْ تَعَالَوْاْ أَتْلُ مَا حَرَّمَ رَبُّكُمْ عَلَيْكُمْ أَلاَّ تُشْرِكُواْ بِهِ شَيْئاً ( Say: "Come, I will recite what your Lord has prohibited you from: Join not anything in worship with Him. ) 6:151.
There are many Ayat and Hadiths that prohibit murder.
In the Two Sahihs, it is recorded that Ibn Mas`ud said that the Messenger of Allah ﷺ said,
«أَوَّلُ مَا يُقْضَى بَيْنَ النَّاسِ يَوْمَ الْقِيَامَةِ فِي الدِّمَاء»
( Blood offenses are the first disputes to be judged between the people on the Day of Resurrection.
) In a Hadith that Abu Dawud recorded, `Ubadah bin As-Samit states that the Messenger of Allah ﷺ said,
«لَا يَزَالُ الْمُؤْمِنُ مُعْنِقًا صَالِحًا، مَا لَمْ يُصِبْ دَمًا حَرَامًا، فَإِذَا أَصَابَ دَمًا حَرَامًا بَلَّح»
( The believer will remain unburdened in righteousness as long as he does not shed prohibited blood.
When he sheds forbidden blood, he will become burdened. ) Another Hadith, states,
«لَزَوَالُ الدُّنْيَا أَهْوَنُ عِنْدَ اللهِ مِنْ قَتْلِ رَجُلٍ مُسْلِم»
( The destruction of this earthly life is less significant before Allah than killing a Muslim man (or woman ).) Will the Repentance of those who Commit Intentional Murder, be Accepted Ibn `Abbas held the view that the repentance of one who intentionally murders a believer, will not be accepted.
Al-Bukhari recorded that Ibn Jubayr said, "The people of knowledge of Al-Kufah differed on this subject, I traveled to Ibn `Abbas to ask him about it.
He said, `This Ayah, وَمَن يَقْتُلْ مُؤْمِناً مُّتَعَمِّداً فَجَزَآؤُهُ جَهَنَّمُ ( And whoever kills a believer intentionally, his recompense is Hell ) was the last revealed on this subject and nothing abrogated it."' Muslim and An-Nasa'i also recorded it.
However, the majority of scholars of the earlier and later generations said that the killer's repentance can be accepted.
If he repents, and goes back to Allah humbly, submissively, and performing righteous deeds, then Allah will change his evil deeds into good deeds and compensate the deceased for his loss by rewarding him for his suffering.
Allah said, R وَالَّذِينَ لاَ يَدْعُونَ مَعَ اللَّهِ إِلَـهَا ءَاخَرَ ( And those who invoke not any other god along with Allah ), until, إِلاَّ مَن تَابَ وَءَامَنَ وَعَمِلَ عَمَلاً صَـلِحاً ( Except those who repent and believe, and do righteous deeds ).
The Ayah we just mentioned should not be considered abrogated or only applicable to the disbelievers who become Muslim, for this contradicts the general, encompassing indications of the Ayah and requires evidence to support it.
Allah knows best.
Allah said, قُلْ يعِبَادِىَ الَّذِينَ أَسْرَفُواْ عَلَى أَنفُسِهِمْ لاَ تَقْنَطُواْ مِن رَّحْمَةِ اللَّهِ ( Say: "O My servants who have transgressed against themselves! Despair not of the mercy of Allah ).
This Ayah is general, covering all types of sins, including Kufr, Shirk, doubt, hypocrisy, murder, sin, and so forth.
Therefore, everyone who repents sincerely from any of these errors, then Allah will forgive him.
Allah said, إِنَّ اللَّهَ لاَ يَغْفِرُ أَن يُشْرَكَ بِهِ وَيَغْفِرُ مَا دُونَ ذَلِكَ لِمَن يَشَآءُ ( Verily, Allah forgives not that partners should be set up with Him (in worship ), but He forgives except that ( anything else ) to whom He wills).
This Ayah is general and includes every sin except Shirk, and it has been mentioned in this Surah, both after this Ayah and before it, in order to encourage hope in Allah, and Allah knows best.
It is confirmed in the Two Sahihs, that an Israeli killed one hundred people then he asked a scholar, "Is it possible for me to repent" So he replied, "What is there that would prevent you from repentance" So he told him to go to another land where Allah was worshipped.
He began to emigrate to it but died on the way, and the angel of mercy was the one to take him.
Although this Hadith is about an Israeli, it is even more suitable for the Muslim community that their repentance be accepted.
Indeed, Allah relieved Muslims from the burdens and restrictions that were placed on the Jews, and He sent our Prophet with the easy Hanifiyyah way ( Islamic Monotheism ).
As for the honorable Ayah, وَمَن يَقْتُلْ مُؤْمِناً مُّتَعَمِّداً ( And whoever kills a believer intentionally ), Abu Hurayrah and several among the Salaf said that this is his punishment, if Allah decides to punish him.
And this is the case with every threat that is issued for every sin.
For instance, there could be good deeds that this person has done that would prevent him from being punished for that, and Allah knows best.
Even if the murderer inevitably enters the Fire -- as Ibn `Abbas stated because his repentance was not accepted, or he did not have good deeds to save him, he will not remain there for eternity, but only for a long time.
There are Mutawatir Hadiths stating that the Messenger of Allah ﷺ said,
«إِنَّهُ يَخْرُجُ مِنَ النَّارِ مَنْ كَانَ فِي قَلْبِهِ أَدْنَى ذَرَّةٍ مِنْ إِيمَان»
( Whoever has the least speck of faith in his heart shall ultimately depart the Fire. )

(4:92) It is not for a believer to slay another believer unless by mistake. *120 And he who has slain a believer by mistake, his atonement is to set free from bondage a believing person *121 and to pay blood-money to his heirs, *122 unless they forgo it by way of charity. And if the slain belonged to a hostile people, but was a believer, then the atonement is to set free from bondage a believing person.

And if the slain belonged to a (non-Muslim) people with whom you have a covenant, then the atonement is to pay the blood-money to his heirs, and to set free from bondage a believing person. *123 But he who cannot (free a slave) should fast for two consecutive months. *124 This is the penance ordained by Allah. *125 Allah is All-Knowing, All-Wise.

And never is it for a believer meaning

*120).
The hypocritical confessors of Islam mentioned here are distinct from those whom the Muslims may kill.
The reference here is to Muslims who are either residents of the Domain of Islam ( Dar al-Islam ) or to those who live in the Domain of War or of Unbelief ( Dar al-Harb or Dar al-Kufr ) but against whom there is no proof of actual participation in the hostile activities with the enemies of Islam.
In the time of the Prophet ( peace be on him ) there were many people who had embraced Islam and yet, because of genuine difficulties, were living among tribes hostile to Islam.
It occasionally happened that, in attacking a hostile tribe, the Muslims inadvertently killed fellow Muslims living in its midst.

*121).
Since the person killed was a believer, expiation of the sin required the emancipation of a Muslim slave.

*122).
The Prophet ( peace be on him ) had fixed the blood-money at either 100 camels, 200 oxen or 2,000 head of cattle.
If someone wished to pay this in another form the amount would be determined with reference to the market value of the articles mentioned above.
For instance, for those who wished to pay blood-money in cash, the fixed amount in the time of the Prophet ( peace be on him ) was 800 dinars ( 8000 dirhams ).
In the time of Caliph 'Umar the amount of blood-money was fixed at 1000 golden dinars ( 12000 silver dirhams ).
It should be noted, however, that this amount relates to an unintentional rather than a deliberate homicide.
( Regarding blood-money for unintentional homicide and injury see Abu Da'ud, 'Diyat', 14-17; Tirmidhi, 'Diyat', 1; Nasa'i, 'Qasamah', 34; Ibn Majah, 'Diyat', 6; Malik b.
Anas, Muwatta', "Uqul', 4; Ahmad b.
Hanbal, Musnad, vol.
1, pp.
384 and 450; vol.
2, pp.
178, 183, 186, 217, 224; vol.
4, p.
275.
See also Ibn Rushd, Bidayat al-Mujtahid, vol.
2, pp.
401 ff.
- Ed. )
*123).
The legal injunctions embodied in this verse are as follows:
( 1 ) If the victim was a resident of the Domain of Islam ( Dar al-Islam ) the killer is not only required to pay blood-money but also to emancipate a slave by way of expiation.

( 2 ) If the victim was a resident of the Domain of War ( Dar al-Harb ) the killer is only required to emancipate a slave.

( 3 ) If the victim was a resident of a non-Muslim country which had treaty relations with an Islamic state the killer is required to emancipate a slave and also to pay blood-money.
The amount of the blood-money, however, depends on the terms stipulated in the treaty between the Muslims and the territory of the victim.
( See Jassas, vol.
2, pp.
238 f f.
and 240 ff.
- Ed. )
*124).
This means that he should observe fasting uninterrupted for the entire period.
If a man breaks his fast for just one day without a legally valid reason he will be required to resume fasting anew.

*125).
This shows that what has been prescribed is an act of repentance and expiation rather than a penalty inflicted on a criminal.
Penalization is essentially devoid of the spirit of repentance and of the urge to self-reform.
A penalty is suffered under duress, usually with resentment, and leaves behind repugnance and bitterness.
On the contrary, what God wants is that the believer who has committed a sin should wash the stain of it from his soul by supererogatory worship, by acts of charity, and by a meticulous fulfilment of all the duties incumbent upon him.
Such a person is required to turn to God in remorse and repentance so that his sin may be pardoned and his soul secured against the recurrence of similar errors.
The word kaffarah signifies that which either covers or hides something.
To declare that certain acts of charity constitute kaffarah means that those acts overlay the sin and cover it up, just as stains on a wall are covered up when it is painted.

 

The Ruling Concerning Killing a Believer by Mistake Allah states that the believer is not allowed to kill his believing brother under any circumstances.
In the Two Sahihs, it is recorded that Ibn Mas`ud said that the Messenger of Allah ﷺ said, «لَا يَحِلُّ دَمُ امْرِىءٍ مُسْلِمٍ يَشْهَدُ أَنْ لَا إِلهَ إِلَّا اللهُ، وَأَنِّي رَسُولُ اللهِ، إِلَّا بِإِحْدَى ثَلَاثٍ: النَّفْسُ بِالنَّفْسِ، وَالثَّيِّبُ الزَّانِي، وَالتَّارِكُ لِدِينِهِ الْمُفَارِقُ لِلْجَمَاعَة» ( The blood of a Muslim who testifies that there is no deity worthy of worship except Allah and that I am the Messenger of Allah ﷺ, is sacred, except in three instances.
(They are: ) life for life, the married adulterer, and whoever reverts from the religion and abandons the Jama`ah ( community of the faithful believers ).) When one commits any of these three offenses, it is not up to ordinary citizens to kill him or her, because this is the responsibility of the Muslim Leader or his deputy.
Allah said, إِلاَّ خَطَئاً ( except by mistake ).
There is a difference of opinion concerning the reason behind revealing this part of the Ayah.
Mujahid and others said that it was revealed about `Ayyash bin Abi Rabi`ah, Abu Jahl's half brother, from his mother's side, Asma' bint Makhrabah.
`Ayyash killed a man called Al-Harith bin Yazid Al-`Amiri, out of revenge for torturing him and his brother because of their Islam.
That man later embraced Islam and performed Hijrah, but `Ayyash did not know this fact.
On the Day of the Makkan conquest, `Ayyash saw that man and thought that he was still a disbeliever, so he attacked and killed him.
Later, Allah sent down this Ayah.
`Abdur-Rahman bin Zayd bin Aslam said that this Ayah was revealed about Abu Ad-Darda' because he killed a man after he embraced the faith, just as Abu Ad-Darda' held the sword above him.
When this matter was conveyed to the Messenger of Allah ﷺ, Abu Ad-Darda' said, "He only said that to avert death." The Prophet said to him, «هَلَّا شَقَقْتَ عَنْ قَلْبِه» ( Have you opened his heart ) The basis for this story is in the Sahih, but it is not about Abu Ad-Darda'.
Allah said, وَمَن قَتَلَ مُؤْمِناً خَطَئاً فَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةٍ وَدِيَةٌ مُّسَلَّمَةٌ إِلَى أَهْلِهِ ( and whosoever kills a believer by mistake, he must set free a believing slave and submit compensation (blood money ) to the deceased's family) thus, ordaining two requirements for murder by mistake.
The first requirement is the Kaffarah ( fine ) for the great sin that has been committed, even if it was a mistake.
The Kaffarah is to free a Muslim slave, not a non-Muslim slave.
Imam Ahmad recorded that a man from the Ansar said that he brought a slave and said, "O Messenger of Allah! I have to free a believing slave, so if you see that this slave is a believer, I will free her." The Messenger of Allah ﷺ asked her, «أَتَشْهَدِينَ أَنْ لَا إِلهَ إِلَّا اللهُ؟» ( Do you testify that there is no deity worthy of worship except Allah ) She said, "Yes." He asked her, «أَتَشْهَدِينَ أَنِّي رَسُولُ اللهِ؟» ( Do you testify that I am the Messenger of Allah ) She said, "Yes." He asked, «أَتُؤْمِنِينَ بِالْبَعْثِ بَعْدَ الْمَوْتِ؟» ( Do you believe in Resurrection after death ) She said, "Yes." The Prophet said, «أَعْتِقْهَا» ( Then free her. ) This is an authentic chain of narration, and not knowing the name of the Ansari Companion does not lessen its authenticity.
Allah's statement, وَدِيَةٌ مُّسَلَّمَةٌ إِلَى أَهْلِهِ ( and submit compensation (blood money ) to the deceased's family) is the second obligation which involves the killer and the family of the deceased, who will receive blood money as compensation for their loss.
The compensation is only obligatory for the one who possesses one of five; as Imam Ahmad, and the Sunan compilers recorded from Ibn Mas`ud.
He said; "Allah's Messenger ﷺ determined that the Diyah ( blood money ) for unintentional murder is twenty camels which entered their fourth year, twenty camels which entered their fifth year, twenty camels which entered their second year, and twenty camels which entered their third year." This is the wording of An-Nasa'i.
This Diyah is required from the elders of the killer's tribe, not from his own money.
In the Two Sahihs, it is recorded that Abu Hurayrah said, "Two women from Hudhayl quarreled and one of them threw a stone at the other and killed her and her unborn fetus.
They disputed before the Messenger of Allah ﷺ and he decided that the Diyah of the fetus should be to free a male or a female slave.
He also decided that the Diyah of the deceased is required from the elders of the killer's tribe." This Hadith indicates that in the case of what appears to be intentional murder, the Diyah is the same as that for killing by virtual mistake.
The former type requires three types of Diyah, just like intentional murder, because it is somewhat similar to intentional murder.
Al-Bukhari recorded in his Sahih that `Abdullah bin `Umar said, "The Messenger of Allah ﷺ sent Khalid bin Al-Walid to Banu Jadhimah and he called them to Islam, but they did not know how to say, `We became Muslims.' They started saying, `Saba'na, Saba'na ( we became Sabians ).
Khalid started killing them, and when this news was conveyed to the Messenger of Allah ﷺ, he raised his hands and said, «اللَّهُمَّ إِنِّي أَبْرَأُ إِلَيْكَ مِمَّا صَنَعَ خَالِد» ( O Allah! I declare my innocence before You of what Khalid did. ) The Messenger ﷺ sent `Ali to pay the Diyah of those who were killed and to compensate for the property that was destroyed, to the extent of replacing the dog's bowl.
This Hadith indicates that the mistake of the Leader or his deputy ( Khalid in this case ) is paid from the Muslim Treasury.
Allah said, إِلاَّ أَن يَصَّدَّقُواْ ( unless they remit it ), meaning, the Diyah must be delivered to the family of the deceased, unless they forfeit their right, in which case the Diyah does not become necessary.
Allah's statement, فَإِن كَانَ مِن قَوْمٍ عَدُوٍّ لَّكُمْ وَهُوَ مْؤْمِنٌ فَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةٍ ( If the deceased belonged to a people at war with you and he was a believer, the freeing of a believing slave (is prescribed );) means, if the murdered person was a believer, yet his family were combatant disbelievers, then they will receive no Diyah.
In this case, the murderer only has to free a believing slave.
Allah's statement, وَإِن كَانَ مِن قَوْمٍ بَيْنَكُمْ وَبَيْنَهُمْ مِّيثَاقٌ ( and if he belonged to a people with whom you have a treaty of mutual alliance, ) meaning, if the family of the deceased were from Ahl Adh-Dhimmah or with whom there is a peace treaty, then they deserve his Diyah; full Diyah if the deceased was a believer, in which case the killer is required to free a believing slave also. فَمَن لَّمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ ( And whoso finds this beyond his means, he must fast for two consecutive months ) without breaking the fast ( in the days of ) the two months.
If he breaks the fast without justification, i.e.
illness, menstruation, post-natal bleeding, then he has to start all over again.
Allah's statement, تَوْبَةً مِّنَ اللَّهِ وَكَانَ اللَّهُ عَلِيماً حَكِيماً ( to seek repentance from Allah.
And Allah is Ever All-Knowing, All-Wise. ) means, this is how the one who kills by mistake can repent, he fasts two consecutive months if he does not find a slave to free. وَكَانَ اللَّهُ عَلِيماً حَكِيماً ( And Allah is Ever All-Knowing, All-Wise ), we mentioned the explanation of this before. Warning Against Intentional Murder After Allah mentioned the ruling of unintentional murder, He mentioned the ruling for intentional murder.
Allah said, وَمَن يَقْتُلْ مُؤْمِناً مُّتَعَمِّداً ( And whoever kills a believer intentionally, ) This Ayah carries a stern warning and promise for those who commit so grave a sin that it is mentioned along with Shirk in several Ayat of Allah's Book.
For instance, in Surat Al-Furqan, Allah said, وَالَّذِينَ لاَ يَدْعُونَ مَعَ اللَّهِ إِلَـهَا ءَاخَرَ وَلاَ يَقْتُلُونَ النَّفْسَ الَّتِى حَرَّمَ اللَّهُ إِلاَّ بِالْحَقِّ ( And those who invoke not any other god along with Allah, nor kill such person as Allah has forbidden, except for just cause ).
Allah said, قُلْ تَعَالَوْاْ أَتْلُ مَا حَرَّمَ رَبُّكُمْ عَلَيْكُمْ أَلاَّ تُشْرِكُواْ بِهِ شَيْئاً ( Say: "Come, I will recite what your Lord has prohibited you from: Join not anything in worship with Him. ) 6:151.
There are many Ayat and Hadiths that prohibit murder.
In the Two Sahihs, it is recorded that Ibn Mas`ud said that the Messenger of Allah ﷺ said, «أَوَّلُ مَا يُقْضَى بَيْنَ النَّاسِ يَوْمَ الْقِيَامَةِ فِي الدِّمَاء» ( Blood offenses are the first disputes to be judged between the people on the Day of Resurrection.
) In a Hadith that Abu Dawud recorded, `Ubadah bin As-Samit states that the Messenger of Allah ﷺ said, «لَا يَزَالُ الْمُؤْمِنُ مُعْنِقًا صَالِحًا، مَا لَمْ يُصِبْ دَمًا حَرَامًا، فَإِذَا أَصَابَ دَمًا حَرَامًا بَلَّح» ( The believer will remain unburdened in righteousness as long as he does not shed prohibited blood.
When he sheds forbidden blood, he will become burdened. ) Another Hadith, states, «لَزَوَالُ الدُّنْيَا أَهْوَنُ عِنْدَ اللهِ مِنْ قَتْلِ رَجُلٍ مُسْلِم» ( The destruction of this earthly life is less significant before Allah than killing a Muslim man (or woman ).) Will the Repentance of those who Commit Intentional Murder, be Accepted Ibn `Abbas held the view that the repentance of one who intentionally murders a believer, will not be accepted.
Al-Bukhari recorded that Ibn Jubayr said, "The people of knowledge of Al-Kufah differed on this subject, I traveled to Ibn `Abbas to ask him about it.
He said, `This Ayah, وَمَن يَقْتُلْ مُؤْمِناً مُّتَعَمِّداً فَجَزَآؤُهُ جَهَنَّمُ ( And whoever kills a believer intentionally, his recompense is Hell ) was the last revealed on this subject and nothing abrogated it."' Muslim and An-Nasa'i also recorded it.
However, the majority of scholars of the earlier and later generations said that the killer's repentance can be accepted.
If he repents, and goes back to Allah humbly, submissively, and performing righteous deeds, then Allah will change his evil deeds into good deeds and compensate the deceased for his loss by rewarding him for his suffering.
Allah said, R وَالَّذِينَ لاَ يَدْعُونَ مَعَ اللَّهِ إِلَـهَا ءَاخَرَ ( And those who invoke not any other god along with Allah ), until, إِلاَّ مَن تَابَ وَءَامَنَ وَعَمِلَ عَمَلاً صَـلِحاً ( Except those who repent and believe, and do righteous deeds ).
The Ayah we just mentioned should not be considered abrogated or only applicable to the disbelievers who become Muslim, for this contradicts the general, encompassing indications of the Ayah and requires evidence to support it.
Allah knows best.
Allah said, قُلْ يعِبَادِىَ الَّذِينَ أَسْرَفُواْ عَلَى أَنفُسِهِمْ لاَ تَقْنَطُواْ مِن رَّحْمَةِ اللَّهِ ( Say: "O My servants who have transgressed against themselves! Despair not of the mercy of Allah ).
This Ayah is general, covering all types of sins, including Kufr, Shirk, doubt, hypocrisy, murder, sin, and so forth.
Therefore, everyone who repents sincerely from any of these errors, then Allah will forgive him.
Allah said, إِنَّ اللَّهَ لاَ يَغْفِرُ أَن يُشْرَكَ بِهِ وَيَغْفِرُ مَا دُونَ ذَلِكَ لِمَن يَشَآءُ ( Verily, Allah forgives not that partners should be set up with Him (in worship ), but He forgives except that ( anything else ) to whom He wills).
This Ayah is general and includes every sin except Shirk, and it has been mentioned in this Surah, both after this Ayah and before it, in order to encourage hope in Allah, and Allah knows best.
It is confirmed in the Two Sahihs, that an Israeli killed one hundred people then he asked a scholar, "Is it possible for me to repent" So he replied, "What is there that would prevent you from repentance" So he told him to go to another land where Allah was worshipped.
He began to emigrate to it but died on the way, and the angel of mercy was the one to take him.
Although this Hadith is about an Israeli, it is even more suitable for the Muslim community that their repentance be accepted.
Indeed, Allah relieved Muslims from the burdens and restrictions that were placed on the Jews, and He sent our Prophet with the easy Hanifiyyah way ( Islamic Monotheism ).
As for the honorable Ayah, وَمَن يَقْتُلْ مُؤْمِناً مُّتَعَمِّداً ( And whoever kills a believer intentionally ), Abu Hurayrah and several among the Salaf said that this is his punishment, if Allah decides to punish him.
And this is the case with every threat that is issued for every sin.
For instance, there could be good deeds that this person has done that would prevent him from being punished for that, and Allah knows best.
Even if the murderer inevitably enters the Fire -- as Ibn `Abbas stated because his repentance was not accepted, or he did not have good deeds to save him, he will not remain there for eternity, but only for a long time.
There are Mutawatir Hadiths stating that the Messenger of Allah ﷺ said, «إِنَّهُ يَخْرُجُ مِنَ النَّارِ مَنْ كَانَ فِي قَلْبِهِ أَدْنَى ذَرَّةٍ مِنْ إِيمَان» ( Whoever has the least speck of faith in his heart shall ultimately depart the Fire. )

( It is not for a believer ) it is not allowed for a believer, meaning here ’Ayyash Ibn Abi Rabi’ah ( to kill a believer ) Harith Ibn Zayd ( (unless (it be ) by mistake) even if it be by mistake. ( He who hath killed a believer by mistake must set free a believing slave ) a slave who believes in Allah and His Messenger, ( and pay the blood money ) in full ( to the family of the slain ) to the next of kin of the victim who have the right to demand retaliation, ( unless they remit it as a charity ) unless the next of kin of the victim remit the blood money to the killer as a charity. ( If he ) the victim ( be of a people hostile unto you ) who are at war with you, ( and he ) i.e. the victim ( is a believer, then (the penance is ) to set free a believing slave) the killer should set free a slave who believes in Allah and His Messenger and so does not have to pay the blood money. Harith belonged to a people who were at war with the Messenger of Allah ( pbuh ). ( And if he ) the victim ( cometh of a folk between whom and you there is a covenant ) a treaty and peace, ( then the blood money must be paid ) in full ( unto his folk ) to the next of kin of the victim ( and (also ) a believing slave must be set free) a slave who believes in the divine Oneness of Allah. ( And whoso hath not the wherewithal ) to set free a believing slave ( must fast two consecutive months ) continuously. ( A penance from Allah ) if he does this, Allah will forgive him for killing a believer by mistake. ( Allah is Knower ) of him who kills by mistake, ( Wise ) in that which he ought to do.

It is not for a believer to kill a believer except (that it be) by mistake, and whosoever kills a believer by mistake, (it is ordained that) he must set free a believing slave and a compensation (blood money, i.e. Diya) be given to the deceased's family, unless they remit it. If the deceased belonged to a people at war with you and he was a believer; the freeing of a believing slave (is prescribed), and if he belonged to a people with whom you have a treaty of mutual alliance, compensation (blood money - Diya) must be paid to his family, and a believing slave must be freed. And whoso finds this (the penance of freeing a slave) beyond his means, he must fast for two consecutive months in order to seek repentance from Allah. And Allah is Ever All-Knowing, All-Wise.

Page 93 English transliteration