CHAPTER 4, VERSE 92-94
وَمَا كَانَ لِمُؤْمِنٍ أَن يَقْتُلَ مُؤْمِنًا إِلَّا خَطَأًۚ
وَمَن قَتَلَ مُؤْمِنًا خَطَأً فَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةٍ وَدِيَةٌ مُّسَلَّمَةٌ إِلَىٰ أَهْلِهِ إِلَّا أَن يَصَّدَّقُواۚ
فَإِن كَانَ مِن قَوْمٍ عَدُوٍّ لَّكُمْ وَهُوَ مُؤْمِنٌ فَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةٍۖ
وَإِن كَانَ مِن قَوْمٍ بَيْنَكُمْ وَبَيْنَهُم مِّيثَاقٌ فَدِيَةٌ مُّسَلَّمَةٌ إِلَىٰ أَهْلِهِ وَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةٍۖ
فَمَن لَّمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ تَوْبَةً مِّنَ اللَّـهِۗ
وَكَانَ اللَّـهُ عَلِيمًا حَكِيمًا ﴿٩٢﴾ وَمَن يَقْتُلْ مُؤْمِنًا مُّتَعَمِّدًا فَجَزَاؤُهُ جَهَنَّمُ خَالِدًا فِيهَا وَغَضِبَ اللَّـهُ عَلَيْهِ وَلَعَنَهُ وَأَعَدَّ لَهُ عَذَابًا عَظِيمًا ﴿٩٣﴾ يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا ضَرَبْتُمْ فِي سَبِيلِ اللَّـهِ فَتَبَيَّنُوا وَلَا تَقُولُوا لِمَنْ أَلْقَىٰ إِلَيْكُمُ السَّلَامَ لَسْتَ مُؤْمِنًا تَبْتَغُونَ عَرَضَ الْحَيَاةِ الدُّنْيَا فَعِندَ اللَّـهِ مَغَانِمُ كَثِيرَةٌۚ
كَذَٰلِكَ كُنتُم مِّن قَبْلُ فَمَنَّ اللَّـهُ عَلَيْكُمْ فَتَبَيَّنُواۚ
إِنَّ اللَّـهَ كَانَ بِمَا تَعْمَلُونَ خَبِيرًا ﴿٩٤﴾
And it does not behove a believer to kill a believer except by mistake, and whoever kills a believer by mistake, he should free a believing slave, and blood-money should be paid to his people unless they remit it as alms; but if he be from a tribe hostile to you and he is a believer, the freeing of a believing slave (suffices); and if he is from a tribe between whom and you there is covenant, the blood-money should be paid to his people along with the freeing of a believing slave; but he who does not find (means to do this) should fast for two months consecutively, a penance from Allãh, and Allãh is Knowing, Wise (92). And whoever kills a believer intentionally, his recompense is hell; he shall abide in it and Allãh will send His wrath on him and curse him and prepare for him a great chastisement (93). O you who believe! when you march forth (for fighting) in Allãh's way, make investigation, and do not say to any one who offers you (salutation of) peace: “You are not a believer' coveting the goods of this world's life. But with Allãh there are abundant gains; you were such before, then Allãh conferred (His) grace on you; therefore make investigtion; surely Allãh is aware of what you doff (94).
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COMMENTARY
QUR’ÃN:
And it does not behove a believer to kill a believer except by mistake: al-Khatã’ (اَلْخَطَاٌ = mistake) has no elongation; to read it with elongation (al-khata’) is wrong; here it gives a meaning opposite of 'intentionally', as the following verse (And whoever kills a believer intentionally . .) shows.
“It does not behove” in this verse denotes negation of demand or requisition. In other words, it says: When a believer enters the sanctuary of faith and belief, there remains in him nothing to demand the killing of another believer wholike
himself is within the same sanctuary, except if it happens without his intention. Thus the exception is joined, not isolated. The meaning in simple words is as follows: A believer does not want to kill a believer, per se; he cannot think of killing him knowing that he too is a believer. There are other verses like this sentence in the same style and the same negation of requisition. For a example: And it is not for any man [lit: It does not behove a man] that Allãh should speak to him . (42:51); it is not possibe for you [lit: it does not hehove you]; that you should make the trees thereof to grow . (27:60); but they would not believe [lit: it would not behove them to believe] in what they had rejected before (10:74) ; and other similar verses.
All the same, the verse indicates a legal prohibition in the form of a statement. That is: Allãh has never allowed, nor will He ever allow, that a believer should kill another believer. He has made it unlawful except in the case of unintentional killing, inasmuch as the killer did not have any intention of killing a believer; therefore the unlawfulness is not applicable there. It could happen if, for example, he had no intention of killing at all, or if he thought that the victim was an unbeliever whose killing was justified.
Some exegetes have said that the said exception was isolated. According to them, if it is taken as a joined and real exception it would mean that unintentional killing is ordered or allowed. However, it has been explained above that its only significance is removal of prohibition from unintentional killing; not that such killing was allowed. There is no difficulty in accepting this interpretation, and the exception is therefore real and joined.
QUR’ÃN:
and whoever kills a believer by mistake . remit it as alms: at-Tahrīr (التَّحْرِيْرُ = to free a slave); ar-raqabah (اَلرَّقَبَةُ = neck; used metaphorically for slave); ad-diyah (اَلدِّيةُ = blood-money; indemnity for bodily injury). It is incumbent (wãjib) upon a believer, if he kills a believer unintentionally, to emancipate a believing slave and pay blood-money to the victim's heirs. However, if the victim's heirs leave the blood-money and remit it then it is waived and the killer is not obliged to pay it.
QUR’ÃN:
but if he be from a tribe hostile to you . : The pronoun,'he', refers to the slain believer; hostile tribe means the unbelievers who fight the Muslims. If the person slain by mistake was a believer but his heirs were hostile unbelievers, the obligation to free a believing slave will remain in place, but there will be no payment of blood-money, because a fighting unbeliever does not inherit any thing a believer.
QUR’ÃN:
and if he is from a tribe between whom and you there is a covenant . : As the context shows, in this sentence too the pronoun, 'he', refers to the slain believer. 'Covenant' refers to agreement, whatever its nature; it includes the agreement of adhdhimmah (اَلذِّمَّةً ) [by which an unbeliever puts himself under the protection of the Muslims]. Meaning: If the slain believer is from a tribe which has an agreement with the Muslims, the killer is required to pay blood-money together with freeing a slave. In this sentence, payment of blood-money is mentioned first to emphasize the importance of compliance with the agreement.
QUR’ÃN:
but he who does not find . should fast for two months consecutively: That is: he who is unable to free a slave - as it is the nearest item before this clause - must fast for two consecutively.
QUR’ÃN:
a penance from Allãh . : This order of fastisg is a penance and mercy from Allãh for the person who does not have means to free a slave; and this fits with lightening burden. This order lightens the burden of the believer who financially incapable of freeing a slave.
Also, it is possible to take the 'penance' as a description of the whole laid down reparations beginning from: he should free a believing slave. Thus the meaning will be as follows: The prescription of these various reparations for a believer who kills another believer by mistake is a divine providence and penance for cleansing the killer from that filth. He should therefore be cautious and should not carelessly indulge in killing. It is like the words of Allãh: And there is life for you in the (law of) retaliation (2:17)
At the same time it is a divine providence and penance for the society, because through this reparation their loss of one free man will be made up with addition of another free person, and the financial loss of the slain believer's family will be made up with the blood-money.
It is clear from the above that Islam deems freedom as life and looks at slavery as a sort of murder; also in its eyes a complete indemnity equals the average earning of a man. This topic will be dealt with in detail somewhere else.
The definitions and exact designation of unintentional and intentional killings, emancipation, indemnity, family of the slain person, and agreement, etc., as mentioned in this verse, may be found insunnah
. For further details see the books of fiqh (jurisprudence).
QUR’ÃN:
And whoever kills a believer intentionally, his recompense is hell; . : at-Ta‘ammud (اَلتَّعَمُّدُ = intention of an act with its specific aspect). Every intentional act must be having a specific aspect; and it is possible for an act to have more than one aspect. It is therefore possible that a single act may be intentional from one angle and unintentional from the other. Let us say that a hunter fires at an indistinct shape thinking that it was an animal, while in fact it was a man, in this case, if that man is killed, the act will be called intentional and wilful hunting but unintentional killing of the man.
Likewise, if he beats a child with a stick for teaching him good manners and the child dies of the blow, it will be an unintentional killing. Consequently, killing a believer intentionally means that the killer had the intention of killing the believer, knowing that the blow or fire would kill him and realizing that the viction was a believer.
Allãh has spoken very harshly concerning the punishment of the person who wilfully kills a believer and declared that he would abide in hell for ever. But the verses, Surely Allãh does not forgive that any thing should be associated with Him, and forgives what is besides that to whomsoever He pleases (4:48); and, surely Allãh forgives the faults altogether (39:53), may restrict to a certain extent the theme of the verse under discussion. Although it threatens the punishment of ever-lasting fire, it does not indicate an irreversible and final decree; therefore it may be forgiven through repentance or intercession.
QUR’ÃN:
O you who believe!when
you march forth (for fighting) in Allãh's way, make investigation, . : ad-Darb (اَلضَرْبْ ) in this context means marching, travelling; the qualifying phrase, “in Allãh's way,” shows that it means marching forth for jihãd.at-Tabayyun
(اَلتَّبَيُّن = to distinguish); here it means to differentiate between believer and unbeliever, as the next sentence shows: and do not say to any one who offers you (salutation of) peace: “You are not a believer.” Offering peace means offering the salutation of the believers, i.e., peace. Some reciters have recited it as-salãm (اَلسَّلَمُ = submission; surrender).
Coveting the good of this world'slife,
indicates greed of riches and war-booty. But with Allãh there are abundant gains: al- Maghãnim (اَلْمَغَانِمُ ) is plural of al-maghnam (اَلْمَغْنَم = gain, war-booty). What is with Allãh is more excellent than this world's benefits; because, the hereafter's gains are limitless and ever-lasting; you should therefore look forward to it.
QUR’ÃN:
you were such before, then Allãh conferred (His) grace on you, therefore make investigation; . : You too, before entering the fold of Islam, had the same tendency, i.e., were covetous of the worldly riches and booties; then Allãh bestowed His favour and grace on you; as a result, you turned from this world's gains towards the abundant gains of the hereafter, which is with Allãh. In this background it is incumbent upon you to investigate and distinguish a believer from unbelievers. The order to investigate properly is repeated here for emphasis.
The verse obviously shows that there had actually occured a killing of a believer. It contains admonition, but does not indicate that it was an intentional killing. Apparently someone among the believers had killed by mistake someone (from among polytheists) who had greeted him with peace. The said believer was not sure that the greeter was really a Muslim; he thought that he was using that salutation and presenting himself as a believer only to save his life. The verse admonishes the killer that Islam only looks at the appearance; the reality inside the hearts is known only to Allãh, the Subttle,the
Knower.
According to the above explanation, the clause: coveting the goods of this world'slife,
is an allusion to the state and condition of the people concerned. It means: Your behaviour in killing someone who presents himself as a Muslim, without looking properly into his credentials, without investigating whether his claim was right, resembles the behaviour of a person who covets riches and booties, and kills a believer who announces his belief, on petty unacceptable excuses. Of course, all the believers did have the same tendency before they accepted Islam; their only objective at that time was the riches of this world. But now they have been favoured with true faith and Allãh has shown them the right path. Now they should have investigated properly before taking any action. They must discard the behaviour of the days of ignorance and cleanse themselves of all its motives.
TRADITIONS
It is reported in ad-Durru 'l-manthūr, under the verse,And
it does not behove a believer to kill a believer except by mistake: Ibn Jarīr has narrated from ‘Ikrimah that he said: “al-Hãrith ibn Yazīd ibn Nubayshah (from the tribe of Banū ‘Ãmir ibn Luw’ayy), in company of Abū Jahl, used to torture ‘Ayyãsh ibn Rabī‘ah. Then he [accepted Islam and] went forth migrating to the Prophet (s.a.w.a.). [When hereached near Medina], ‘Ayyãsh saw him at al-Harrah and attacked [and killed] him with sword, thinking that he [al-Hãrith] was still an unbeliever. Then [‘Ayyãsh] came to the Prophet (s.a.w.a.) and informed him. Thereupon, the verse was revealed: And it does not behove a believer to kill a believer aceept by mistake . The Prophet recited it to him and said: 'Stand up and free [a believing slave].”
The author says:
This theme has been narrated throug other chains too. Some of them say that ‘Ayyãsh had killed him at Mecca on the day Mecca was conquered; ‘Ayyãsh, who till then was imprisoned by the polytheists who tortured him, came out [of prison], and met al-Hãrith who by that time had accepted Islam although ‘Ayyãsh didn't know it. So ‘Ayyãsh killed him there at that time. But the report of ‘Ikrimah seems more probable and more in keeping with the time of the revelation of the chapter,”The Women”.
Ibn Zayd says that the verse was revealed aboutAbu 'd
-Dardã’. He was in an expedition; and went to a gorge to relieve nature. There he saw a man with his sheep. [Abu 'd
-Dardã’] attacked him with sword; he said, 'There is no god except Allãh'; but Abu 'd-Dardã’ killed him and brought his sheep to his group. Then some doubt occured in his mind, and he came to the Prophet (s.a.w.a.) and informed him. Thereupon this verse was revealed. (at-Tafsīr
, at-Tabarī)
Another report quoted in ad-Durru '1-manthūr, and transmitted by ar-Rūyãnī, Ibn Mandah and Abū Nu‘aym from Bakr ibn Hãrithah al-Juhanī narrates al-Juhanī’s claim that it was revealed about him and he tells a story similar to that of Abu ’d-Dardã’. However, all these traditions are merely attempts to fit the verse on some events or episodes.
al-Husayn ibn Sa‘īd narrates through his chain from Abū ‘Abdillãh (a.s.) that he said: “The Messenger of Allãh (s.a.w.a.) said: 'Wherever emancipation of slave is prescribed, [freeing of even] a child suffices, except in reparation of killing, because AlIãh, the High, says, he should free a believing slave; it means a slave who has accepted Islam, that is, has reached the age of responsibility [i.e.,has attained maturity] . ''' (Tahdhību '1-ahkãm)
Mūsã ibnJa‘far
(a.s.) was asked: “How should a believing slave be recognized” He said: “According to birth.” (at-Tafsīr
, al-‘Ayyãshī)
as-Sãdiq
(a.s.) was asked about a Muslim [living] in a land of polytheists who was killed by Muslims, and the leader [of the Muslims] came to know of it afterwards. He (a.s.) said: “He should free in his place a believing; slave; and it is the word of Allãh, the Mighty, the Great: but if he be from a tribe hostile to you .“ (
Man lã yahduruhu '1-faqīh).
The author says:
A similar hadīth is narrated by al-‘Ayyãshī. The word of the Imãm (a.s
.), “should free in his place”, indicates that the emancipation aims at adding a free Muslim to take the place of the free Muslim who was killed, as we have written earlier. Also it may be inferred from it that the underlying reason of prescribing the emancipation as atonement of some other sins is to add a free person who has not committed any sin to fill the gap of the one who has gone out of the line as a result of that sin.
as-Sãdiq (a.s.) has said: “If a man is required to fast for two months consecutively, and he breaks the fast or becomes sick during the first month, he will have to repeat the fast; but if he has fasted the first month and also fasted a few days from the second month, and then is prevented from continuing because of some genuine cause, then he will have to repay the remaining days [only]. (al-Kãfī
)
The author says:
That is, he will fast only the number of the days he could not fast from the second month. The ruling is inferred from the word, consecutively.
The same Imãm (a.s
.) was asked: “Does a believer who intentionally killed a believer have [a chance of] repentence?” He said: “If he had killed him because of his belief, then there is no repentance for him; but if he had killed him in anger or because of some worldly matter, then his repentance is that he should undergo retaliation [i.e., he should be killed in retribution;] and if he is not recognized [i.e., if people do not know the identity of the killer,] he should himself go to the heirs of the killed believer and own his [guilt of] killing their relatives; then if they forgive him and do not kill him, he should pay them the blood-money, emancipate a [believing] slave, fast two months consecutively and feed sixty needy persons - all this for repenting [and returning] to Allãh, the Mighty, the Great.” (al-Kãfī
; at-Tafsīr, al-‘Ayyãshī)
[ash-Shaykh narrates] through his chains fromAbu 's
-Safãtij that Abū ‘Abdillãh (a.s.) said about the word of Allãh, the Mighty, the Great, And whoever kills a believer intentionally, his recompense is hell: “His recompense is hell if Allãh meted out the punishment to him.” (Tahdhību 'l-ahkãm)
The author says:
The same meaning has been narrated in ad-Durru 'l-manthūr from at-Tabarãnī and others from Abū Hurayrah from the Prophet (s.a.w.a.). The above traditions contain many fine points we have already mentioned in the Commentary. There are many traditions on killing and its retribution which may be seen in the books of traditions.
[at-Tabrisī] says about the verse: And whoever kills a believer intentionally, his recompense is hell, that it was revealed about Muqīs ibn Dabãbah al-Kinãnī. He found his brother, Hishãm, killed in [the place of] Banu 'n-Najjãr; he described it to the Messenger of Allãh (s.a.w.a.), who sent Qays ibn Hilãl al-Fihrī with him and said to him: “Tell Banu 'n-Najjãr, 'If you know the killer of Hishãm, surrender him to his brother in order that he may avenge himself, and if you do not know him then pay him his blood-money.”' al-Fihrī conveyed the message and they paid the blood-money. When he was returning with al-Fihrī, the Satan tempted him and said: “You achieved nothing. You took your brothers?blood-money
and it will be a disgrace for you. Kill him who is with you, and it will be a life for a life and the blood-money will be an extra [bonus].”Thereupon he struck al-Fihrī with a rock and killed him; and rode a camel and returned to Mecca as an unbeliever; and recited (a poem, in which) he said:
I killed Fihrī in his (Hishãm's) retaliation while I was given his blood-money too, By the leaders of Banu 'n-Najjãr, the noble and beautiful; Thus I got my revenge and lied down on pillow, And I was the first to return to the idols.
Then the Prophet (s.a.w.a.) said: “I shall not grant his safety, neither in the sanctuary nor outside it.” It has been narrated by ad-Dahhãk and a group of exegetes. (Majma‘u 'l-bayãn)
The author says:
A nearly similar tradition is narrated from Ibn ‘Abbãs, Sa‘īd ibn Jubayr and others.
It is written in at-Tafsīr, al-Qummī about the verse: O you who believe!when
you march forth (for fighting) in Allãh's way . : “It was revealed when the Messenger of Allãh (s.a.w.a.) returned from the expedition of Khaybar and sent Usãmah ibn Zayd with some horsemen to some Jewish villages in vicinity of Fadak in order that he might call them to lslam. There was, in one of the villages, a man called Mirdãs ibn Nahīk al-Fadakī. When he heard of the horsemen of the Messenger of Allãh (s.a.w.a.), he gathered his family and property at the side of the mountain and came forward, saying: 'I bear witness that there is no god but Allãh and that Muhammad is the Messenger of Allãh.‘Usãmah ibn Zayd passed by him, and speared him to death. When he came back to the Messenger of Allãh (s.a.w.a.), he informed him of it. The Messenger of Allãh (s.a.w.a.) said to him: 'You
killed a man who was bearing witness that there was no god except Allãh and that I was the Messenger of Allãh' He said: ‘O Messenger of Allãh!he
had said it only to save his life.' The Messenger of Allãh (s.a.w.a.) said: 'Neither
did you remove the covering from his heart [to see what was inside it], nor did you accept what he said by his tongue, nor did you know what was inside his soul!' Usãmah then swore an oath that after that he would never kill any one who bore witness that there was no god except Allãh and that Muhammad was the Messenger of Allãh. Therefore, he did not join the Commander of the Believers in his battles. It was about this incident that the verse was revealed: and do not say to any one who offers you (salutation of) peace: “You are not a believer,” coveting the goods of this world's life . “
The author says:
The same story has been narrated by at-Tabarī in his at-Tafsīr from as-Suddī. ad-Durru 'l-manthūr quotes several other traditions describing why this verse was revealed; some of them say that the event concerned Miqdãd ibn al-Aswad al-Kindī; others mention Abu 'd-Dardã’; yet others, the name of Muhlim ibn Juthãmah; while some others have left the story vague without mentioning the name of the killer or the killed. Be as it may, the history books mention the oath of Usãmah ibn Zayd and the excuse he offered to ‘Alī (a.s.) for remaining aloof from his battles. And Allãh knows better.
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Author: Allamah Sayyid Muhammad Husayn Tabatabai
