Punishment
of killing a Muslim unintentionally (L-582)
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وَمَا كَانَ لِمُؤْمِنٍ أَن يَقْتُلَ مُؤْمِنًا إِلَّا خَطَـًٔا وَمَن قَتَلَ مُؤْمِنًا خَطَـًٔا فَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةٍ وَدِيَةٌ مُّسَلَّمَةٌ إِلَىٰٓ أَهْلِهِۦٓ إِلَّآ أَن يَصَّدَّقُوا۟ فَإِن كَانَ مِن قَوْمٍ عَدُوٍّ لَّكُمْ وَهُوَ مُؤْمِنٌ فَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةٍ 92a. |
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92a.
Wa maa kaana li-Mu’-mi-nin ‘any-yaqtula
Mu’-minan ‘illaa khata-‘aa. Wa man qatala
Mu’-minan khata-‘an fatah-riiru
raqabatim-Mu’-minatinw-wa di-yatum-musalla-matun ‘ilaaa
‘ahlihiii ‘illaaa ‘any-yas-saddaquu. Fa-‘in
kaana min- qawmin ‘aduwwil-lakum wa huwa
Mu’-minun- fatah-riiru raqaba-tim-Mu’-minah. |
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92a.
Never should a believer kill another believer, unless by error. Anyone who kills
a believer by error must set free a believing slave, and pay compensation to
the victim’s family, unless they remit it as charity. If the victim belonged
to a people who are hostile to you, but is a believer, then the compensation
is to free a believing slave. |
Tah-riiru - (to set free), its origin is hur and plural ‘ahraar. Hur means ‘free, independent’.
Raqa-bati – (neck), here, meaning of this word is ‘slave’, because slave’s neck remains in his master’s hands.
Di-yatun – (blood-money), that is to say; the amount or part of wealth which is paid to the family of the slain person.
Yas-saddaquu - (they remit, exempt), the word is from sadaqah, which means charity. Its object is that if the heirs of the killed person forgive the killer and do not take blood-money from him, then it will be charity from them.
Heretofore, the Muslims were instructed that they should fight mischievous and treacherous hypocrites, and it is possible in war that any Muslim is slain erroneously or unknowingly. So punishment of this type of murder is mentioned.
It is commanded, “It cannot be expected from a Muslim that he will kill any other Muslim intentionally. However, if it has been happened so erroneously, then it should be observed:
- Whether the Muslim is from one’s own nation and country?
- Or does he belong to any other such nation or country, whose people are not Muslims but a treaty of peace has been made mutually among you and them?
- Or did he come from such disbelieving nation with whom you do not have any treaty of peace, but both are enemies of each other and fighting?
If the slain person is from own folk, then the killer will set free a Muslim slave and pay the blood-money to the heirs of the slain. If he was from the nation, with whom you have agreement of peace, then also you will set free any Muslim slave and pay the blood-money to his infidel heirs. If he belonged to the enemy nation, then you would have to set free a Muslim slave only. In this case paying blood-money is not compulsory.
Punishment of killing intentionally (L-583)
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وَإِن كَانَ مِن قَوْمٍۭ بَيْنَكُمْ وَبَيْنَهُم مِّيثَٰقٌ فَدِيَةٌ مُّسَلَّمَةٌ إِلَىٰٓ أَهْلِهِۦ وَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةٍ فَمَن لَّمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ تَوْبَةً مِّنَ ٱللَّهِ وَكَانَ ٱللَّهُ عَلِيمًا حَكِيمًا 92b. وَمَن يَقْتُلْ مُؤْمِنًا مُّتَعَ مِّدًا فَجَزَآؤُهُۥ جَهَنَّمُ خَٰلِدًا فِيهَا وَغَضِبَ ٱللَّهُ عَلَيْهِ وَلَعَنَهُۥوَأَعَدَّ لَهُۥ عَذَابًا عَظِيمًا 93. |
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92b. Wa ‘in kaana min qawmim-bayna-kum wa baynahum-mii-saaqun- fa-diyatum-musalla-matun ‘ilaaa ‘ahlihiii wa tah-riiru raqa-batim-Mu’-minah. Famallam yajid fa-Siyaamu shah-rayni mutataa-bi-‘ayn; tawbatam-minAllaah. Wa kaanAllaahu ‘Aliiman Hakiimaa. 93.
Wa many-yaqtul Mu’-minam- muta-‘ammidan-
fa-jazaaa-‘uhuu Jahannamu khaalidan- fiihaa
wa gazibAllaahu ‘alayhi wa la-‘anahuu wa
‘a-‘adda lahuu ‘azaaban ‘aziimaa. |
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92b. If he belonged to a people with whom you have a treaty, then compensation should be handed over to his family, and a believing slave set free. Anyone who lacks the means must fast for two consecutive months, by way of repentance to God. God is All-Knowing, Most Wise. 93.
Whoever kills a believer deliberately, the penalty for him is Hell, where he
will remain forever. And God will be angry with him, and will curse him, and
will prepare for him a terrible punishment. |
Shah-rayni mutataa-bi-‘ayn – (two consecutive months), shah-rayn is plural of shahr, which means “one month”. Mutataa-bi-‘ayn means “consecutive, continuously”. It aims that no day should be left without fast within two months.
Muta-‘ammidan – (intentionally), it has been derived from the word ‘amada, which means ‘intention, attempt, willing. Qatli-‘amad means willful murder or homicide, because punishment of unknowingly murder is different from this type of killing.
Description of the first part of above mentioned verse has passed in the previous lesson that if the slain person belongs to such nation or country, whose people are not Muslims but a treaty of peace has taken place mutually among you and them, then what should be done?
In the second part of the verse it has been described that if the killer is poor, neither he has any slave or bond-woman to set free, and nor has wealth for paying blood-money, then he should fast for two months consecutively. Then his repentance will be acceptable because this is not such a crime which may be forgiven so easily. Suffer upon your own body as penance of murder and fast two consecutive months without leaving any day beside fasting, if you do not have wherewithal (blood-money) to spend.
In the next verse, punishment for that believer has been described, who kills any other believer intentionally and voluntarily. This is the crime from which nobody can get rid of through penance. Its punishment will be given on the Doomsday. The killer will be thrown into the Fire of Hell. He will abide therein forever. The Curse of God is upon him and He will be wroth on him. He has prepared for him an awful doom. This torment is separate from that punishment which will be suffered by him in the world i.e. paying kisaas (blood-money) by him. The commandment regarding retaliation (Kisaas) has passed in Surah Al-Baqarah (Chapter: The Cow).
In these verses, it has been explained that if a Muslim kills any other Muslim, he should pay expiation; if he killed unintentionally, as mentioned in the previous lesson, or if he is poor, then he should fast for two consecutive months as explained in the first part of this lesson, and if he killed intentionally, then his punishment is “the Fire of the Hell, curse and wrath of God”.
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