جزء 5
سورة النساء
"And it is not for a believer to kill a believer except by mistake."
The interpretation of the verse: { And it is not for a believer to kill a believer except by mistake } means that God does not permit a believer to kill another believer. He says: It is not permissible for him in that which his Lord has granted him and permitted him concerning certain matters at all. As for His saying: { except by mistake }, it indicates that a believer may kill another believer by mistake, and he does not have in that which his Lord has made lawful for him. This is an exception that the Arabic language refers to as "disconnected exception," as Jareer bin Atiyah said: "From the white, you did not walk far, nor did you step on the ground except to step on the hem of the cloak," meaning: she did not step on the ground except to step on the hem of the cloak, and there is no hem of a cloak on the ground. It is mentioned that this verse was revealed concerning 'Iyyash bin Abi Rabi'ah Al-Makhzumi, who had killed a Muslim man after his conversion, while he was unaware of his Islam. Mentioning the narrations about this: 7983 - Muhammad bin Amr told me, he said: Abu Asim told us, from 'Isa, from Ibn Abi Najih, from Mujahid regarding the saying of God: { And it is not for a believer to kill a believer except by mistake }, he said: 'Iyyash bin Abi Rabi'ah killed a believer who was being tortured with Abu Jahl, and he was his half-brother. He followed the Prophet (peace be upon him) thinking that this man was still as he was. 'Iyyash had migrated to the Prophet (peace be upon him) as a believer. Then Abu Jahl, who was his half-brother, came and said: "Your mother is beseeching you for her kinship and her rights to return to her!" And she is Asma bint Makhramah. So he went with him, and Abu Jahl tied him up until he came to Mecca; when the disbelievers saw him, it increased their disbelief and confusion, and they said: "Verily, Abu Jahl has power over Muhammad as he desires and captures his companions." * - Al-Muthanna told me, he said: Abu Hudhayfah told us, from Shibl, from Ibn Abi Najih, from Mujahid similarly, except that he stated in his narration: The Prophet (peace be upon him) followed that man and 'Iyyash thought he was a disbeliever as he was, while 'Iyyash had migrated to Medina as a believer. Then Abu Jahl came to him, his half-brother, and said: "Your mother is beseeching you for her kinship and her rights to return to her!" He also said: "And he captures his companions and ties them up." 7984 - Al-Qasim told us, he said: Al-Hussain told us, he said: Hajjaj reported to me, from Ibn Jurayj, from Mujahid similarly. Ibn Jurayj reported, from 'Ikrimah, he said: Al-Harith bin Yazid bin Nabisha from Banu Amir bin Lu'ay was torturing 'Iyyash bin Abi Rabi'ah with Abu Jahl. Then Al-Harith bin Yazid went out as an emigrant to the Prophet (peace be upon him), and 'Iyyash met him in Al-Harra and struck him with the sword until he was silent, thinking he was a disbeliever. Then he came to the Prophet (peace be upon him) and informed him, and the verse { And it is not for a believer to kill a believer except by mistake } was revealed. .. the verse, and he read it to him, then said to him: "Stand and free (the enslaved)". 7985 - Muhammad bin Al-Husayn told me, he said: Ahmad bin Mufaddal told us, he said: Asbat reported, from Al-Suddi: { And it is not for a believer to kill a believer except by mistake } he said: It was revealed concerning 'Iyyash bin Abi Rabi'ah Al-Makhzumi, who was the brother of Abu Jahl bin Hisham through his mother. He had embraced Islam and migrated among the early emigrants before the Messenger of Allah (peace be upon him) arrived. Abu Jahl and Al-Harith bin Hisham and a man from Banu Amir bin Lu'ay sought him out, and they met him in Medina. 'Iyyash was the beloved of his mother among his siblings, so they spoke to him and said: "Your mother has sworn she will not shade under a roof until she sees you, lying down in the sun. Go to her to see you and then return!" They made him an oath by Allah that they would not detain him until he returned to Medina. They gave him one of his companions’ good camels, and he said: "If you fear something from them, then ride the good camel." When they took him out of the city, they bound him, and the 'Amri tortured him. He swore he would kill the 'Amri. He was imprisoned in Mecca until the day of the conquest when the 'Amri met him having embraced Islam without 'Iyyash knowing of his Islam. He struck him and killed him, so Allah revealed: { And it is not for a believer to kill a believer except by mistake } meaning: while he did not know he was a believer, { And whoever kills a believer by mistake, the freeing of a believing slave and a faithful blood money to his family, unless they pardon } and thus leave the blood money. Others say this verse was revealed regarding Abu Al-Darda. Mentioning what was said: 7986 - Yunus told me, he said: Ibn Wahb informed us, he said: Ibn Zayd said regarding the saying: { And it is not for a believer to kill a believer except by mistake }. .. the verse. He said: This was revealed regarding a man killed by Abu Al-Darda. They were in a military expedition, and Abu Al-Darda diverted to a valley for a need, and found a man from the people tending to his sheep. He attacked him with his sword, and the man said: "There is no god but Allah," but he struck him, then he carried his sheep back to the people. Then he felt something in his heart, so he went to the Prophet (peace be upon him) and mentioned that to him. The Prophet (peace be upon him) said to him: "Did you not split open his heart?" He said: What could I find! Is there anything but blood or water, O Messenger of Allah? The Prophet (peace be upon him) said: "He indeed informed you with his tongue so you did not believe him." He said: What about me, O Messenger of Allah? The Prophet said: "Then how about: there is no god but Allah?" He said: What about me, O Messenger of Allah? The Prophet (peace be upon him) said: "Then how about: there is no god but Allah." Until I wished that would be the commencement of my Islam. He said: And the Quran was revealed: { And it is not for a believer to kill a believer except by mistake }. .. until it reached: { unless they pardon } he said: unless they place it down. Abu Ja'far said: The correct view in this matter is that Allah informed His servants with this verse about the expiation and blood money that is due upon someone who kills a believer by mistake. And it is possible that the verse was revealed concerning 'Iyyash bin Abi Rabi'ah and his killer, and about Abu Al-Darda and his companion. In any case, what Allah Almighty aimed at in the verse was to inform His servants of what we mentioned, and it has been made clear to those who understood its revelation from His servants, and their ignorance regarding whom it was revealed about does not harm them. And whoever kills a believer by mistake, the freeing of a believing slave...
Then Allah, Blessed and Exalted, informed His servants of the ruling regarding someone who accidentally killed a believer, saying: { And whoever kills a believer accidentally, then a believing slave must be freed } meaning: he must free a believing slave from his wealth, and he must pay the blood money (diya) that is to be paid to his family by his tribe: { unless they grant forgiveness } meaning: unless the family of the accidentally killed person forgives the one responsible for their blood money and pardons him, thus absolving him of his sin so that it is dropped. The position of "that" in His saying: { unless they grant forgiveness } is in the accusative case ( منصوب), because its meaning is: he must do that unless they grant forgiveness. As for the believing slave, the scholars differ regarding its description. Some of them said: the slave cannot be considered believing unless he has chosen faith after reaching maturity, and prayed and fasted, and that a child does not possess this description. Among those who said this: 7987 - Yahya bin Ibrahim narrated to me, he said: Ibn Aliyah narrated to us, from Abu Hayan, who said: I asked Al-Shabi about His saying: { And a believing slave must be freed } He said: He has prayed and recognized faith. 7988 - Al-Muthanna narrated to me, he said: Abu Saleh narrated to us, he said: I was told by Muawiyah, from Ali Ibn Abi Talha, from Ibn Abbas, regarding His saying: { And a believing slave must be freed } meaning by believing: one who understands faith, fasts, and prays. 7989 - Abu Kreeb narrated to us, he said: Waki' narrated to us, from Al-A'mash, from Ibrahim, who said: Whatever is mentioned in the Quran regarding a believing slave, it is not sufficient except for one who has fasted and prayed, and whatever is mentioned in the Quran regarding a non-believing slave is sufficient for a child. 7990 - I heard from Yazid bin Harun, from Hisham bin Hassan, from Al-Hasan, who said: Everything in the Book of Allah { And a believing slave must be freed } is for whoever has fasted and prayed, and if it says: " And a slave must be freed ": then whatever he wishes. 7991 - Al-Hasan bin Yahya narrated to us, he said: Abdul Razak informed us, he said: Al-Thawri narrated to us, from Al-A'mash, from Ibrahim, who said: Everything in the Quran { And a believing slave must be freed } is for one who has prayed, and what is not " believing ", freeing one who has not prayed. 7992 - Al-Bushr bin Ma'adh narrated to us, he said: Yazid narrated to us, he said: Said informed us, from Qatadah: { And a believing slave must be freed } and the believing slave according to Qatadah is one who has prayed. He disliked that one should free a child who had not prayed and had not reached that stage. 7993 - Yahya bin Talhah Al-Yarbu'i narrated to me, he said: Fudail bin Iyyad narrated to us, from Mughirah, from Ibrahim regarding His saying: { And a believing slave must be freed } he said: If he understands his religion. 7994 - Al-Muthanna narrated to us, he said: I was told by Ishaq, he said: Abdul Razak narrated to us, from Ma'mar, from Qatadah, who said regarding: { And a believing slave must be freed } that a boy is not sufficient in it. 7995 - Al-Muthanna narrated to us, he said: Abdullah bin Salih narrated to me, he said: I was told by Muawiyah, from Ali bin Abi Talha, from Ibn Abbas: { And a believing slave must be freed } meaning by believing: someone who understands faith, fasts, and prays, and if he does not find a slave, then two consecutive months of fasting, and he owes his tribe a blood money unless they forgive him for it. Others said: if he is born to two Muslim parents, he is a believer even if he is a child. Among those who said this: 7996 - Abu Kreeb narrated to us, he said: Waki' narrated to us, from Sufyan, from Ibn Jurayj, from Ata, who said: Every slave born in Islam is sufficient. Abu Ja'far said: The most correct opinion in this matter is the opinion of those who say: nothing suffices for accidental killing from the slaves except for one who has believed and understands faith from men and women, if they were among those whose parents were of a faith other than Islam, and were left an orphan just like that, then neither of them accepted Islam until he was freed in atonement for the accidental killing. As for one born to two Muslim parents, all scholars agree that even if he has not reached the age of choice and distinction and has not attained puberty, he is judged upon by the judgment of the people of faith in inheritance and in prayer upon him if he dies, and what is required from him if he commits an act of wrongdoing, and what is required for him if wrong is committed against him, and in marriage. Since this is agreed upon by all, it is necessary that he should have a ruling concerning what suffices him in atonement for the accidental killing if he is redeemed concerning the ruling of the people of faith, like what he has concerning the ruling of faith in all other matters we mentioned and others. And whoever denies this will face the problem therein, and if asked about the distinction between it from the root or analogy, he will not state anything from that, except he would impose similar implications in other cases. And blood money is to be paid to his family unless they grant forgiveness.
And as for the blood money paid to the family of the killed, it is the amount given to them that is complete, without diminishing their rights in any way. It was mentioned that Ibn Abbas used to say: it is complete. 7997 - Al-Qasim narrated to us, he said: Al-Hussein told us, he said: Hajjaj narrated to me from Ibn Jurayj, who said: Ibn Abbas said regarding the verse: { And the blood money paid to his family } he said: it is complete. And as for his saying: { except that they give donation }, it means: except that they give the blood money as a donation to the killer or to his family; thus, the ت was merged in the ص making them ص. It has been reported that this is in the recitation of Abu: " except that they give donation ". 7998 - Al-Muthanna narrated to me, he said: Ishaq told us, he said: Bakr bin Al-Sharud narrated to us about the recitation of Abu: { except that they give donation }. If it is from a people who are enemies to you and he is a believer, then freeing a believing neck.
The interpretation of the verse: { If he is from a people who are enemies to you and he is a believer, then freeing a believing person } means, as His glorified saying indicates, { If he is from a people who are enemies to you and he is a believer } that if this person who was mistakenly killed by a believer is from a tribe that is an enemy to you, meaning: among the ranks of those who oppose you in religion, they are polytheists, and they have no trust in you regarding warfare against you in Islam, and he is a believer { then freeing a believing person } means: If a Muslim mistakenly kills a man from among the polytheists, and the slain is a believer and the killer thinks he is on his disbelief, then he must free a believing person. And the scholars of interpretation differed regarding the meaning of that, so some of them said: It means: And if the slain is from a people who are enemies to you and he is a believer; meaning he is in your midst and did not migrate, then killing him by a believer, there is no blood money on him, and he must free a believing person. Among those who said this is: 7999 - Muhammad bin Bashar told us, he said: Yahiya bin Said told us, from Sufyan, from Samak, from Ikrimah and Al-Mughira, from Ibrahim regarding His saying: { If he is from a people who are enemies to you and he is a believer } he said: It is the man who converts to Islam in the land of war and is killed. He said: There is no blood money for him, and there is atonement. 8000 - Ibn Waki' told us, he said: My father told us, from Israel, from Samak, from Ikrimah regarding His saying: { If he is from a people who are enemies to you and he is a believer } he said: That means the slain is a believer and his people are disbelievers; he said: So there is no blood money for him, but freeing a believing person. 8001 - Al-Muthanna told us, he said: Abu Ghassan told us, he said: Israel told us, from Samak, from Ikrimah, from Ibn Abbas regarding His saying: { If he is from a people who are enemies to you and he is a believer } he said: A man may be a believer and his people are disbelievers; there is no blood money for him, but freeing a believing person. 8002 - Muhammad bin Al-Hussein told us, he said: Ahmad bin Mufaddal told us, he said: Asbat told us, from Al-Suddi: { If he is from a people who are enemies to you and he is a believer } in the land of disbelief, means: { freeing a believing person } and there is no blood money for him. 8003 - Bishr bin Mu'adh told us, he said: Yazid told us, he said: Said told us, from Qatadah: { If he is from a people who are enemies to you and he is a believer then freeing a believing person } and there is no blood money for his family because they are disbelievers, and there is no covenant nor protection between them and Allah. * - Al-Muthanna told me, he said: Al-Hajjaj told us, he said: Hamad told us, he said: We were informed by Ata' bin Al-Sa'ib, from Ibn Abbas that he said regarding the saying of Allah: { And if he is from a people who are enemies to you and he is a believer }... to the end of the verse, he said: A man would convert to Islam, then go to his people and stay among them while they are polytheists, and the army would pass by them for the Messenger of Allah (peace be upon him), and he would be killed among those who are killed, and his killer must free a person but there is no blood money for him. 8004 - Ibn Hamid told us, he said: Jareer told us, from Al-Mughira, from Ibrahim: { If he is from a people who are enemies to you and he is a believer then freeing a person } he said: This is if the Muslim man is from a people who are enemies to you: meaning they have no covenant; if he is killed mistakenly, then on the one who killed him is to free a believing person. * - Al-Muthanna told me, he said: Abu Salih told me, he said: Muawiya told me, from Ali, from Ibn Abbas: { If he is from a people who are enemies to you and he is a believer } if he is among the people of war and he is a believer, and if he is mistakenly killed, then his killer must atone by freeing a believing person or fasting two consecutive months, and there is no blood money on him. 8005 - Yunus told me, he said: Ibn Wahb informed us, he said: Ibn Zaid said regarding His saying: { If he is from a people who are enemies to you and he is a believer } the slain is a Muslim and his people are disbelievers, { freeing a believing person } and he will not pay them blood money so that they may gain strength against you. Others said: No, it referred to a man from the people of war who comes to the land of Islam and converts, then returns to the land of war, and if the army of the people of Islam passes by them, his people flee, and that Muslim remains among them, and they kill him thinking he is a disbeliever. Among those who said this is: 8006 - Muhammad bin Sa'd told us, he said: My father told us, he said: My uncle told us, he said: My father told us, from his father, from Ibn Abbas: { If he is from a people who are enemies to you and he is a believer then freeing a believing person } it is the believer who is among the enemy from the polytheists; they hear about the raid from the companions of Muhammad (peace be upon him), they flee, and the believer remains and is killed, thus he must free a believing person. And if he is from a people with whom you have a treaty, then blood money is to be paid to his family and freeing a believing person.
The interpretation of the verse of Allah, the Exalted, in which He says: { And if it is from a people with whom you have a treaty, then a ransom must be given to his family, along with the freeing of a believing slave. } Allah means by His saying: { And if it is from a people with whom you have a treaty } that if the person killed, who was killed by a believer by mistake, is from a people with whom you, O believers, have a treaty and they are not your enemies. { Then a ransom must be given to his family }, which means that his killer is to pay a ransom to his family, which is borne by his kin, and the freeing of a believing slave is an expiation for his killing. Then the scholars differed in the description of this corpse that is from a people with whom we have a treaty, whether he is a believer or a disbeliever. Some said: He is a disbeliever, yet his killer must pay him the ransom because he has a covenant with him and his people, so the ransom must be paid to his people due to the covenant under which believers and them are bound, and that it is property from their properties, and it is not lawful for believers to take anything from their wealth without their permission. Among those who said this: 8007 - Al-Muthanna told me, he said: Abdullah bin Salih narrated to me, he said: I was informed by Muawiyah, from Ali, from Ibn Abbas: { And if it is from a people with whom you have a treaty } means: If he is a disbeliever under your protection and he is killed, then on his killer is the ransom to be paid to his family, and the freeing of a believing slave, or fasting two consecutive months. 8008 - Yaqub bin Ibrahim told me, he said: Ibn Aliah narrated to us, from Ayyub, he said: I heard Az-Zuhri say: The ransom for the dhimmi is equal to that of the Muslim. He said: And he used to interpret: { And if it is from a people with whom you have a treaty, then a ransom must be given to his family }. 8009 - Al-Muthanna told me, he said: Is'haq narrated to us, he said: Abdullah bin Idris narrated to us, from Isa bin Abi Al-Mughirah, from Al-Sha'bi regarding His saying: { And if it is from a people with whom you have a treaty, then a ransom must be given to his family } he said: He is from the people of the pact, and he is not a believer. 8010 - Al-Muthanna told me, he said: Is'haq narrated to us, he said: Ibn Mahdi narrated to us, from Hashim, from Mughirah, from Ibrahim: { And if it is from a people with whom you have a treaty } and he is not a believer. 8011 - Bishr bin Mu'adh told me, he said: Yazid narrated to us, he said: Sa'id, from Qatadah: { And if it is from a people with whom you have a treaty, then a ransom must be given to his family and the freeing of a believing slave } through his killing: that is regarding who has suffered from his protection and his covenant; { So whoever does not find then fasting two consecutive months is an expiation from Allah }. .. the verse 8012 - Yunus told me, he said: Ibn Wahb informed us, he said: Ibn Zayd said regarding His saying: { And if it is from a people with whom you have a treaty, then a ransom must be given to his family } he says: So pay them the ransom due to the covenant. He said, and the people of covenant fall under this, and the freeing of a believing slave, and whoever does not find should fast two consecutive months. Others said: Rather he is a believer, so on his killer is the ransom which he must pay to his people of the polytheists, as they are people of covenant. Among those who said this: 8013 - Ibn Humayd told me, he said: Jareer narrated to us, from Mughirah, from Ibrahim: { And if it is from a people with whom you have a treaty, then a ransom must be given to his family and the freeing of a believing slave } he said: This Muslim man and his people are polytheists, they have a pact, so his ransom belongs to his people and his inheritance belongs to the Muslims, and his people bear the ransom for him and they have a ransom. 8014 - Al-Muthanna told me, he said: Swid narrated to us, he said: Ibn Al-Mubarak informed us, from Hashim, from Abu Ishaq Al-Kufi, from Jabir bin Zayd in His saying: { And if it is from a people with whom you have a treaty } he said: And he is a believer. 8015 - Al-Muthanna told me, he said: Is'haq narrated to us, he said: Ibn Mahdi narrated to us, from Hamad bin Salamah, from Yunus, from Al-Hasan, regarding His saying: { And if it is from a people with whom you have a treaty } he said: He is a disbeliever. Abu Ja'far said: The most appropriate statements regarding the interpretation of the verse is the one who said: It refers to the killed person from the people of the pact, because Allah did not specify that, He said: { And if it is from a people with whom you have a treaty }, and did not say: " and he is a believer " as He said regarding the killed among the believers and the people of war; or it refers to the believer among them, and he is a believer. Thus, leaving the description of him as a believer, which was the description of the previously mentioned killed ones, is clear evidence of the correctness of what we said in that. If someone thinks that in the saying of Allah, the Exalted: { Then a ransom must be given to his family } is a proof that he is from the people of faith, because the ransom for him cannot be but for a believer, he has made a mistake; for the ransom of the dhimmi and the ransom of the people of Islam are equal, because all have agreed that the ransoms of their arrogant slaves and slaves of the believers from the people of faith are equal, likewise the rules of the ransoms of their freemen are equal. Moreover, if their ransoms were as stated by those who opposed us in that, making it to be half the ransom of the people of faith or one-third, there would be no proof that the one referred to in the saying of Allah: { And if it is from a people with whom you have a treaty } is from the people of faith, for indeed the ransom of a believer has no disagreement among everyone, except from those who do not count it as a disagreement that it is half of the ransom of a believer, and this does not exclude it from being a ransom, likewise the ruling of the ransoms of the people of the covenant, if they were falling short of the ransoms of the people of faith, would not exclude them from being classified as ransoms. How can that be when the matter is indeed otherwise, and their ransoms and the ransoms of the believers are the same? As for the treaty: it is the covenant and protection, and we have explained elsewhere that this is indeed the case and the original principle from which it is taken is sufficient without the need to reintroduce it in this place. Among those who said that: 8016 - Muhammad bin Al-Husayn told me, he said: Ahmad bin Mufadil narrated to us, he said: Asbat, from Al-Suddi regarding His saying: { And if it is from a people with whom you have a treaty } he says: It is a covenant. 8017 - Hasan bin Yahya told me, he said: Abdul Razzaq informed us, he said: Mu'mir, from Az-Zuhri regarding His saying: { And if it is from a people with whom you have a treaty } he said: It is the agreement. 8018 - Al-Muthanna told me, he said: Abu Ghassan narrated to us, he said: Israel, from Samak, from Ikrimah, from Ibn Abbas: { And if it is from a people with whom you have a treaty } is a pact. 8019 - Ibn Waki' told me, he said: My father narrated to us, from Israel, from Samak, from Ikrimah, likewise. If someone asks: What is the description of the error that if a believer kills a believer or a person of treaty, then he is compelled to the ransom and the expiation? It is what Al-Nakha'i said in that. And that is: 8020 - Ibn Bashar told me, he said: Abdul Rahman bin Mahdi narrated to us, he said: Sufyan, from Mughirah, from Ibrahim said: An error is when someone intends something and hits another. 8021 - Abu Kreeb and Yaqub bin Ibrahim told us, they said: Hashim narrated to us, from Mughirah, from Ibrahim, he said: An error is when someone throws something and hits a person who he does not intend; that is error, and he is upon his kin. If he said: What is the required ransom for that? It is said: In the case of killing a believer, one hundred camels if he is among the camel owners, and there is no disagreement among everyone in that. If there is a disagreement regarding the amount of their ages, some scholars say: They are in quarters: twenty-five are she-camels, twenty-five are young ones, twenty-five are daughters of a pregnant she-camel, and twenty-five are daughters of a lactating she-camel. Among those who said that: 8022 - Ibn Bashar told me, he said: Abdul Rahman narrated to us, he said: Sufyan, from Mansur, from Ibrahim, from Ali, may Allah be pleased with him: In error, like semi-intentional killing, thirty-three she-camels, thirty-three young ones, and thirty-four fully aged ones to take their best of the year; and for error: twenty-five she-camels, twenty-five young ones, twenty-five daughters of a pregnant she-camel, and twenty-five daughters of a lactating she-camel. * - Ibn Bashar told me, he said: Abdul Rahman narrated to us, he said: Sufyan, from Firas and Al-Shaybani, from Al-Sha'bi, from Ali bin Abi Talib, likewise. * - Ibn Bashar told me, he said: Abdul Rahman narrated to us, he said: Sufyan, from Abu Ishaq, from Asim bin Dumrah, from Ali, may Allah be pleased with him, in a similar way. * - Wasil bin Abdul A'la told me, he said: Ibn Fudhail narrated to us, from Ash'ath bin Sawar, from Al-Sha'bi, from Ali, may Allah be pleased with him, that he said: In the case of accidental killing, the ransom is one hundred quarters, and then he mentioned something similar. Others said: It is fifths: twenty she-camels, twenty young ones, twenty daughters of a lactating she-camel, twenty sons of a lactating she-camel, and twenty daughters of a pregnant she-camel. Among those who said that: 8023 - Muhammad bin Bashar told me, he said: Ibn Abi Adi narrated to us, from Sa'id, from Qatadah, from Abu Mujliz, from Abu Ubaydah, from his father, from Abdullah bin Mas'ud that in error it is twenty she-camels, twenty young ones, twenty daughters of a lactating she-camel, twenty sons of a lactating she-camel, and twenty daughters of a pregnant she-camel. * - Wasil bin Abdul A'la told me, he said: Ibn Fudhail narrated to us, from Ash'ath, from Amir, from Abdullah bin Mas'ud: In accidental killing, one hundred camels in fifths: five young ones, five she-camels, five daughters of a lactating she-camel, five daughters of a pregnant she-camel, and five daughters of a pregnant she-camel. * - Mujahid bin Musa told me, he said: I was informed by Yazid, he said: Suleiman Al-Taymi, from Abu Mujliz, from Abu Ubaydah from Abdullah, said: The ransom in error is fifths: five daughters of a pregnant she-camel, five daughters of a lactating she-camel, five she-camels, five young ones, and five daughters of a pregnant she-camel. And the one holding this statement supported it with a hadith: 8024 - Abu Hashim Al-Rifai informed us, he said: Yahya bin Abi Zaidah and Abu Khalid Al-Ahmar, from Hajjaj, from Zayd bin Jubair, from Alkhashf bin Malik, from Abdullah bin Mas'ud: The Prophet, peace be upon him, ruled in the ransom in error as fifths. Abu Hashim said: Ibn Abi Zaydah said: Twenty she-camels, twenty young ones, twenty daughters of a lactating she-camel, twenty daughters of a pregnant she-camel, twenty daughters of a pregnant she-camel. * - Abu Hashim told us, he said: Yahya narrated to us, from his father, from Abu Ishaq, from Al-Aqamah, from Abdullah that he ruled with that. Others said: They are quarters, except that they are thirty she-camels, thirty daughters of a pregnant she-camel, twenty daughters of a lactating she-camel, and twenty sons of a lactating she-camel, males. Among those who said that: 8025 - Ibn Bashar told me, he said: He mentioned that Muhammad bin Bakr, he said: Sa'id revealed it from Qatadah, from Abdul Rabbih, from Abu Aiyad, from Uthman and Zayd bin Thabit who said: In semi-intentional killing, forty young ones, thirty she-camels, thirty daughters of a pregnant she-camel; and in the error: thirty she-camels, thirty young ones, twenty daughters of a pregnant she-camel, and twenty sons of a lactating she-camel, males. 8026 - Ibn Bashar told me, he said: He mentioned that Ibn Abi Adi, from Sa'id, from Qatadah, from Sa'id bin Al-Musayyib, from Zayd bin Thabit in the ransom of error: thirty she-camels, thirty daughters of a lactating she-camel, twenty daughters of a pregnant she-camel, and twenty sons of a lactating she-camel, males. * - Ibn Bashar told me, he said: Ibn Athimah narrated to us, from Sa'id bin Bashir, from Qatadah, from Abdul Rabbih, from Abu Aiyad, from Uthman bin Affan, may Allah be pleased with him, and he reported to us Sa'id, from Qatadah, from Sa'id bin Al-Musayyib from Zayd bin Thabit likewise. Abu Ja'far said: The truth regarding that matter is that everyone agrees that in pure error it is a hundred camels for the camel owners. Then they disagreed regarding the amounts of their ages and all agreed that it should not be less than that which is mentioned of their ages defined by those who mentioned their differing in it, and that it should not exceed that which has been determined by the highest limit. And since this is agreed upon by all, it is obligatory that what is sufficient for the one who is required to pay for accidental killing is any of these ages that differ among the differing parties should be paid to the one who is supposed to receive it, because Allah did not limit that with a limit that is exceeded or lessened, nor has His Messenger, except what we mentioned of their unanimous agreement; thus, the Imam does not exceed what is ordered in ruling regarding diminishing or increasing, and he has the option among these according to what he sees as best for both parties. And if the kin of the killer are among the owners of gold, then for the heirs of the killed is upon us one thousand dinars, and it is upon the scholars of the regions. Some said: That was a valuation from Umar, may Allah be pleased with him, for camels upon the owners of gold in his time, and the obligation is to be valued in the present time if camels are not available from the kin of the killer. And they relied upon: 8027 - Ibn Bashar told me, he said: Abdul Rahman narrated to us, he said: Sufyan, from Ayyub bin Musa, from Mukhal, he said: The ransom used to rise and fall, and the Messenger of Allah, peace be upon him, passed away while it was eight hundred dinars, and Umar feared afterwards, so he set it at twelve thousand dirhams or one thousand dinars. As for those who made it obligatory for every age upon the people of gold, a thousand dinars, they said: That is an obligation that Allah ordained through the tongue of His Messenger, just as He ordained camels for the camel owners. They said: And the consensus of the scholars of the regions in every age and time except for those who deviated from them that it should not exceed a thousand dinars and should not fall below it, is the clearest proof that it is obligatory for the owners of gold just as the camels are obligatory for the camel owners, because if it were valued at a hundred camels, that would differ with increase and decrease due to the fluctuation in camel prices. This statement is the truth in that because of what we mentioned of the consensus around it. And as for the silver in the hands of the people of silver, the sum is twelve thousand dirhams, and we have explained the reasons for this in our book "A Brief Discourse on the Laws of Islamic Jurisprudence". Others said: Rather, for the owners of silver, it is from silver ten thousand dirhams. And as for the ransom of a person under protection who has a treaty with us, the scholars have disagreed regarding its amount, some say: His ransom is equal to that of a free Muslim. Among those who said that: 8028 - Al-Muthanna told me, he said: Is'haq narrated to us, he said: Bashar bin Al-Sari, from Ibrahim bin Sa'd, from Az-Zuhri: That Abu Bakr and Uthman, may Allah be pleased with them both, used to set the ransom of a Jew and a Christian, if they were under treaty, equal to that of a Muslim. 8029 - Al-Muthanna told me, he said: Is'haq narrated to us, he said: Bashar bin Al-Sari, from A-Dastwa'i, from Yahya bin Abi Kathir, from Al-Hakam bin Uyaynah: That Ibn Mas'ud used to set the ransom for the people of the Book if they were people of covenant equal to that of Muslims. 8030 - Muhammad bin Al-Muthanna told me, he said: Muhammad bin Ja'far narrated to us, he said: Shubha, from Hamad, said: Abdul Hamid asked me about the ransom of the people of the Book, so I informed him that Ibrahim said: Their ransom is the same as ours. 8031 - Al-Muthanna told me, he said: Abu Al-Walid narrated to us, he said: Hamad, from Ibrahim and Dawood, from Al-Sha'bi, they both said: The ransom of the Jew, the Christian, and the Magian is like the ransom of the free Muslim. 8032 - Yaqub bin Ibrahim told me, he said: Hashim, from Mughirah, from Ibrahim, said: It was said: The ransom of the Jew and the Christian and the Magian is like the ransom of the Muslim if he has protection. 8033 - Yaqub told me, he said: Ibn Aliah narrated to us, he said: Ibn Abi Nujayh, from Mujahid and 'Ata, they said: The ransom of the person of the treaty is the ransom of the Muslim. * - Sawar bin Abdullah told me, he said: Bashar bin Al-Mufadhil, from Al-Mas'udi, from Hamad, from Ibrahim, he said: The ransom of the Muslim and the protected are the same. 8034 - Yaqub told me, he said: Ibn Aliah narrated to us, from Ayyub, he said: I heard Az-Zuhri say: The ransom of the dhimmi is the ransom of the Muslim. 8035 - Abu Kreeb told me, he said: Ibn Abi Zaydah narrated to us, from Ash'ath, from Amir said: The ransom of the dhimmi is like the ransom of the Muslim. * - Abu Kreeb told me, he said: Ibn Abi Zaydah narrated to us, from Sa'id bin Abi 'Ubaidah, from Abu Ma'shar, from Ibrahim likewise. * - I was told by Abu Al-Sa'ib, he said: Abu Muawiyah narrated to us, from Al-A'mash, from Ibrahim likewise. 8036 - Abdul Hamid bin Bayan informed us, he said: Muhammad bin Yazid, from Isma'il, from Amir, and he received from that that Al-Hasan used to say: The ransom of the Magian is eight hundred, and the ransom of the Jew and the Christian is four thousand; he said: Their ransom is one. * - Ibn Bashar told me, he said: Abdul Rahman narrated to us, he said: Sufyan, from Qais bin Muslim, from Al-Sha'bi, he said: The ransom of the protected and the Muslim in their expiations are the same. * - Ibn Bashar told me, he said: Abdul Rahman narrated to us, he said: Sufyan, from Mansur, from Ibrahim, said: The ransom of the protected and the Muslim are the same. Others said: Rather, his ransom is half of the ransom of the Muslim. Among those who said that: 8037 - Ibn Al-Muthanna told me, he said: Abdul A'la narrated to us, he said: Dawood, from Amr bin Shu'aib regarding the ransom of the Jew and the Christian said: Umar bin Al-Khattab, may Allah be pleased with him, made it half of the ransom of the Muslim, and the ransom of the Magian is eight hundred. I said to Amr bin Shu'aib: Al-Hasan says: four thousand; he said: That may have been earlier, and he said: Rather, he made the ransom of the Magian like that of a slave. 8038 - Abu Kreeb told me, he said: Abdullah Al-Ashj'ai, from Sufyan, from Abu Al-Zanad, from Umar bin Abdul Aziz said: The ransom of the protected is half of the ransom of the Muslim. Others said: Rather, his ransom is one-third of the ransom of the Muslim. Among those who said that: 8039 - Wasil bin Abdul A'la told me, he said: Ibn Fudhail, from Matar, from Abu 'Uthman—who was a judge for the people of Merv—said: Umar, may Allah be pleased with him, made the ransom of the Jew and the Christian four thousand. 8040 - Ammar bin Khalid Al-Wasiti told me, he said: Yahya bin Said, from Al-A'mash, from Thabit, from Sa'id bin Al-Musayyib said: Umar said: The ransom of the Christian is four thousand, and the Magian is eight hundred. * - Muhammad bin Al-Muthanna told me, he said: Abdul Al-Samad narrated to us, he said: Shubha, from Thabit, said: I heard Sa'id bin Al-Musayyib say: Umar bin Al-Khattab said, so he mentioned something similar. 8041 - Ibn Bashar told me, he said: Ibn Abi Adi narrated to us, from Sa'id, from Qatadah, from Abu Al-Malih: That a man from his people threw a Jew or a Christian with an arrow and killed him, so this was brought to Umar bin Al-Khattab, and he fined him his ransom of four thousand. * - And with him from Qatadah, from Sa'id bin Al-Musayyib, said: Umar said: The ransom of the Jew and the Christian is four thousand, four thousand. * - Yaqub bin Ibrahim told me, he said: Hashim, he said: Our companions informed us, from Sa'id bin Al-Musayyib, from Umar the same. 8042 - He said: He narrated from Hashim, from Ibn Abi Layla, from 'Ata, from Umar the same. 8043 - He said: He narrated from Hashim, he said: I was informed by Yahya bin Said, from Suleiman bin Yasar, he said: The ransom of the Jew and the Christian is four thousand, and the Magian is eight hundred. 8044 - Sawar bin Abdullah told me, he said: Khalid bin Al-Harith, he said: Abdul Malik, from 'Ata, similarly. 8045 - I narrated from Al-Husayn bin Al-Faraj, he said: I heard Abu Ma'adh, he said: Ubaid narrated to me, he said: I heard Al-Dahhak in His saying: { So whoever does not find then fasting two consecutive months is an expiation from Allah } that fasting is for the one who cannot find a slave; as for the ransom, it is obligatory and nothing can cancel it. Thus, whoever cannot find then fasting two consecutive months is an expiation from Allah.
The statement regarding the interpretation of His saying: { So whoever does not find (a neck to free) then (his expiation) is to fast two consecutive months as a repentance from Allah } means that His saying: { So whoever does not find (a neck to free) then (his expiation) is to fast two consecutive months } refers to whoever does not find a believing neck to free as an expiation for his mistake in killing a believer or a protected person due to his inability to afford its price. { then (his expiation) is to fast two consecutive months } means: then he must fast two consecutive months. The people of interpretation differed in their understanding of this; some of them stated it in a manner similar to what we said. Those who mentioned this said: 8046 - Muhammad bin Amr told me, he said: Abu Asim narrated to us, from Isa, from Ibn Abi Najih, from Mujahid regarding the saying of Allah: { So whoever does not find (a neck to free) then (his expiation) is to fast two consecutive months } said: Whoever does not find to free – or he was unsure if it was “to free a neck” – in the killing of a believing person mistakenly, he said: And it was revealed concerning 'Ayash bin Abi Rabi'ah who mistakenly killed a believer. Others said: Fasting the two months is about the blood money and the neck. They said: And the interpretation of the verse is: whoever does not find a believing neck or the blood money to give to its family, then he must fast two consecutive months. Those who mentioned this said: 8047 - Al-Muthanna told me, he said: Suwayd bin Nasr narrated to us, he said: Ibn Al-Mubarak from Zakariya from Al-Shabi from Masruq: he was asked about the verse in Surah An-Nisa: { So whoever does not find (a neck to free) then (his expiation) is to fast two consecutive months } is the fasting of the two months regarding the neck alone, or about the blood money and the neck? He said: Whoever does not find, then it is about the blood money and the neck. * - Ibn Waki' told us, he said: My father narrated to me from Zakariya from ‘Amir from Masruq in a similar manner. Abu Ja'far said: The correct statement regarding that is that the fast is for the neck without the blood money, because the blood money of an accidental killing is on the family of the killer, and the expiation is on the killer by the consensus of proof of that, transmitted from our Prophet, peace be upon him, so the fasting of a faster does not cover what is due from someone else for his wealth. The consecutive fasting is the fasting of two months, and he should not break his fast on some of its days for reasons that do not hinder him from fasting. Then He, Exalted be His mention, said: { A repentance from Allah; and Allah is Knowing and Wise } meaning: a pardon from Allah to you for easing it upon you by alleviating what has been made obligatory upon you regarding freeing a believing neck when you are able to do so by obliging you to fast two consecutive months. And Allah is Knowing and Wise.
{ And Allah is All-Knowing, All-Wise } It refers to the fact that Allah has always been All-Knowing regarding what is beneficial for His servants in what He commands them in their obligations and other matters, and He is All-Wise in His judgments and intentions concerning them.
The interpretation of the verse: { And it is not for a believer to kill a believer except by mistake } means that God does not permit a believer to kill another believer. He says: It is not permissible for him in that which his Lord has granted him and permitted him concerning certain matters at all. As for His saying: { except by mistake }, it indicates that a believer may kill another believer by mistake, and he does not have in that which his Lord has made lawful for him. This is an exception that the Arabic language refers to as "disconnected exception," as Jareer bin Atiyah said: "From the white, you did not walk far, nor did you step on the ground except to step on the hem of the cloak," meaning: she did not step on the ground except to step on the hem of the cloak, and there is no hem of a cloak on the ground. It is mentioned that this verse was revealed concerning 'Iyyash bin Abi Rabi'ah Al-Makhzumi, who had killed a Muslim man after his conversion, while he was unaware of his Islam. Mentioning the narrations about this: 7983 - Muhammad bin Amr told me, he said: Abu Asim told us, from 'Isa, from Ibn Abi Najih, from Mujahid regarding the saying of God: { And it is not for a believer to kill a believer except by mistake }, he said: 'Iyyash bin Abi Rabi'ah killed a believer who was being tortured with Abu Jahl, and he was his half-brother. He followed the Prophet (peace be upon him) thinking that this man was still as he was. 'Iyyash had migrated to the Prophet (peace be upon him) as a believer. Then Abu Jahl, who was his half-brother, came and said: "Your mother is beseeching you for her kinship and her rights to return to her!" And she is Asma bint Makhramah. So he went with him, and Abu Jahl tied him up until he came to Mecca; when the disbelievers saw him, it increased their disbelief and confusion, and they said: "Verily, Abu Jahl has power over Muhammad as he desires and captures his companions." * - Al-Muthanna told me, he said: Abu Hudhayfah told us, from Shibl, from Ibn Abi Najih, from Mujahid similarly, except that he stated in his narration: The Prophet (peace be upon him) followed that man and 'Iyyash thought he was a disbeliever as he was, while 'Iyyash had migrated to Medina as a believer. Then Abu Jahl came to him, his half-brother, and said: "Your mother is beseeching you for her kinship and her rights to return to her!" He also said: "And he captures his companions and ties them up." 7984 - Al-Qasim told us, he said: Al-Hussain told us, he said: Hajjaj reported to me, from Ibn Jurayj, from Mujahid similarly. Ibn Jurayj reported, from 'Ikrimah, he said: Al-Harith bin Yazid bin Nabisha from Banu Amir bin Lu'ay was torturing 'Iyyash bin Abi Rabi'ah with Abu Jahl. Then Al-Harith bin Yazid went out as an emigrant to the Prophet (peace be upon him), and 'Iyyash met him in Al-Harra and struck him with the sword until he was silent, thinking he was a disbeliever. Then he came to the Prophet (peace be upon him) and informed him, and the verse { And it is not for a believer to kill a believer except by mistake } was revealed. .. the verse, and he read it to him, then said to him: "Stand and free (the enslaved)". 7985 - Muhammad bin Al-Husayn told me, he said: Ahmad bin Mufaddal told us, he said: Asbat reported, from Al-Suddi: { And it is not for a believer to kill a believer except by mistake } he said: It was revealed concerning 'Iyyash bin Abi Rabi'ah Al-Makhzumi, who was the brother of Abu Jahl bin Hisham through his mother. He had embraced Islam and migrated among the early emigrants before the Messenger of Allah (peace be upon him) arrived. Abu Jahl and Al-Harith bin Hisham and a man from Banu Amir bin Lu'ay sought him out, and they met him in Medina. 'Iyyash was the beloved of his mother among his siblings, so they spoke to him and said: "Your mother has sworn she will not shade under a roof until she sees you, lying down in the sun. Go to her to see you and then return!" They made him an oath by Allah that they would not detain him until he returned to Medina. They gave him one of his companions’ good camels, and he said: "If you fear something from them, then ride the good camel." When they took him out of the city, they bound him, and the 'Amri tortured him. He swore he would kill the 'Amri. He was imprisoned in Mecca until the day of the conquest when the 'Amri met him having embraced Islam without 'Iyyash knowing of his Islam. He struck him and killed him, so Allah revealed: { And it is not for a believer to kill a believer except by mistake } meaning: while he did not know he was a believer, { And whoever kills a believer by mistake, the freeing of a believing slave and a faithful blood money to his family, unless they pardon } and thus leave the blood money. Others say this verse was revealed regarding Abu Al-Darda. Mentioning what was said: 7986 - Yunus told me, he said: Ibn Wahb informed us, he said: Ibn Zayd said regarding the saying: { And it is not for a believer to kill a believer except by mistake }. .. the verse. He said: This was revealed regarding a man killed by Abu Al-Darda. They were in a military expedition, and Abu Al-Darda diverted to a valley for a need, and found a man from the people tending to his sheep. He attacked him with his sword, and the man said: "There is no god but Allah," but he struck him, then he carried his sheep back to the people. Then he felt something in his heart, so he went to the Prophet (peace be upon him) and mentioned that to him. The Prophet (peace be upon him) said to him: "Did you not split open his heart?" He said: What could I find! Is there anything but blood or water, O Messenger of Allah? The Prophet (peace be upon him) said: "He indeed informed you with his tongue so you did not believe him." He said: What about me, O Messenger of Allah? The Prophet said: "Then how about: there is no god but Allah?" He said: What about me, O Messenger of Allah? The Prophet (peace be upon him) said: "Then how about: there is no god but Allah." Until I wished that would be the commencement of my Islam. He said: And the Quran was revealed: { And it is not for a believer to kill a believer except by mistake }. .. until it reached: { unless they pardon } he said: unless they place it down. Abu Ja'far said: The correct view in this matter is that Allah informed His servants with this verse about the expiation and blood money that is due upon someone who kills a believer by mistake. And it is possible that the verse was revealed concerning 'Iyyash bin Abi Rabi'ah and his killer, and about Abu Al-Darda and his companion. In any case, what Allah Almighty aimed at in the verse was to inform His servants of what we mentioned, and it has been made clear to those who understood its revelation from His servants, and their ignorance regarding whom it was revealed about does not harm them. And whoever kills a believer by mistake, the freeing of a believing slave...
Then Allah, Blessed and Exalted, informed His servants of the ruling regarding someone who accidentally killed a believer, saying: { And whoever kills a believer accidentally, then a believing slave must be freed } meaning: he must free a believing slave from his wealth, and he must pay the blood money (diya) that is to be paid to his family by his tribe: { unless they grant forgiveness } meaning: unless the family of the accidentally killed person forgives the one responsible for their blood money and pardons him, thus absolving him of his sin so that it is dropped. The position of "that" in His saying: { unless they grant forgiveness } is in the accusative case ( منصوب), because its meaning is: he must do that unless they grant forgiveness. As for the believing slave, the scholars differ regarding its description. Some of them said: the slave cannot be considered believing unless he has chosen faith after reaching maturity, and prayed and fasted, and that a child does not possess this description. Among those who said this: 7987 - Yahya bin Ibrahim narrated to me, he said: Ibn Aliyah narrated to us, from Abu Hayan, who said: I asked Al-Shabi about His saying: { And a believing slave must be freed } He said: He has prayed and recognized faith. 7988 - Al-Muthanna narrated to me, he said: Abu Saleh narrated to us, he said: I was told by Muawiyah, from Ali Ibn Abi Talha, from Ibn Abbas, regarding His saying: { And a believing slave must be freed } meaning by believing: one who understands faith, fasts, and prays. 7989 - Abu Kreeb narrated to us, he said: Waki' narrated to us, from Al-A'mash, from Ibrahim, who said: Whatever is mentioned in the Quran regarding a believing slave, it is not sufficient except for one who has fasted and prayed, and whatever is mentioned in the Quran regarding a non-believing slave is sufficient for a child. 7990 - I heard from Yazid bin Harun, from Hisham bin Hassan, from Al-Hasan, who said: Everything in the Book of Allah { And a believing slave must be freed } is for whoever has fasted and prayed, and if it says: " And a slave must be freed ": then whatever he wishes. 7991 - Al-Hasan bin Yahya narrated to us, he said: Abdul Razak informed us, he said: Al-Thawri narrated to us, from Al-A'mash, from Ibrahim, who said: Everything in the Quran { And a believing slave must be freed } is for one who has prayed, and what is not " believing ", freeing one who has not prayed. 7992 - Al-Bushr bin Ma'adh narrated to us, he said: Yazid narrated to us, he said: Said informed us, from Qatadah: { And a believing slave must be freed } and the believing slave according to Qatadah is one who has prayed. He disliked that one should free a child who had not prayed and had not reached that stage. 7993 - Yahya bin Talhah Al-Yarbu'i narrated to me, he said: Fudail bin Iyyad narrated to us, from Mughirah, from Ibrahim regarding His saying: { And a believing slave must be freed } he said: If he understands his religion. 7994 - Al-Muthanna narrated to us, he said: I was told by Ishaq, he said: Abdul Razak narrated to us, from Ma'mar, from Qatadah, who said regarding: { And a believing slave must be freed } that a boy is not sufficient in it. 7995 - Al-Muthanna narrated to us, he said: Abdullah bin Salih narrated to me, he said: I was told by Muawiyah, from Ali bin Abi Talha, from Ibn Abbas: { And a believing slave must be freed } meaning by believing: someone who understands faith, fasts, and prays, and if he does not find a slave, then two consecutive months of fasting, and he owes his tribe a blood money unless they forgive him for it. Others said: if he is born to two Muslim parents, he is a believer even if he is a child. Among those who said this: 7996 - Abu Kreeb narrated to us, he said: Waki' narrated to us, from Sufyan, from Ibn Jurayj, from Ata, who said: Every slave born in Islam is sufficient. Abu Ja'far said: The most correct opinion in this matter is the opinion of those who say: nothing suffices for accidental killing from the slaves except for one who has believed and understands faith from men and women, if they were among those whose parents were of a faith other than Islam, and were left an orphan just like that, then neither of them accepted Islam until he was freed in atonement for the accidental killing. As for one born to two Muslim parents, all scholars agree that even if he has not reached the age of choice and distinction and has not attained puberty, he is judged upon by the judgment of the people of faith in inheritance and in prayer upon him if he dies, and what is required from him if he commits an act of wrongdoing, and what is required for him if wrong is committed against him, and in marriage. Since this is agreed upon by all, it is necessary that he should have a ruling concerning what suffices him in atonement for the accidental killing if he is redeemed concerning the ruling of the people of faith, like what he has concerning the ruling of faith in all other matters we mentioned and others. And whoever denies this will face the problem therein, and if asked about the distinction between it from the root or analogy, he will not state anything from that, except he would impose similar implications in other cases. And blood money is to be paid to his family unless they grant forgiveness.
And as for the blood money paid to the family of the killed, it is the amount given to them that is complete, without diminishing their rights in any way. It was mentioned that Ibn Abbas used to say: it is complete. 7997 - Al-Qasim narrated to us, he said: Al-Hussein told us, he said: Hajjaj narrated to me from Ibn Jurayj, who said: Ibn Abbas said regarding the verse: { And the blood money paid to his family } he said: it is complete. And as for his saying: { except that they give donation }, it means: except that they give the blood money as a donation to the killer or to his family; thus, the ت was merged in the ص making them ص. It has been reported that this is in the recitation of Abu: " except that they give donation ". 7998 - Al-Muthanna narrated to me, he said: Ishaq told us, he said: Bakr bin Al-Sharud narrated to us about the recitation of Abu: { except that they give donation }. If it is from a people who are enemies to you and he is a believer, then freeing a believing neck.
The interpretation of the verse: { If he is from a people who are enemies to you and he is a believer, then freeing a believing person } means, as His glorified saying indicates, { If he is from a people who are enemies to you and he is a believer } that if this person who was mistakenly killed by a believer is from a tribe that is an enemy to you, meaning: among the ranks of those who oppose you in religion, they are polytheists, and they have no trust in you regarding warfare against you in Islam, and he is a believer { then freeing a believing person } means: If a Muslim mistakenly kills a man from among the polytheists, and the slain is a believer and the killer thinks he is on his disbelief, then he must free a believing person. And the scholars of interpretation differed regarding the meaning of that, so some of them said: It means: And if the slain is from a people who are enemies to you and he is a believer; meaning he is in your midst and did not migrate, then killing him by a believer, there is no blood money on him, and he must free a believing person. Among those who said this is: 7999 - Muhammad bin Bashar told us, he said: Yahiya bin Said told us, from Sufyan, from Samak, from Ikrimah and Al-Mughira, from Ibrahim regarding His saying: { If he is from a people who are enemies to you and he is a believer } he said: It is the man who converts to Islam in the land of war and is killed. He said: There is no blood money for him, and there is atonement. 8000 - Ibn Waki' told us, he said: My father told us, from Israel, from Samak, from Ikrimah regarding His saying: { If he is from a people who are enemies to you and he is a believer } he said: That means the slain is a believer and his people are disbelievers; he said: So there is no blood money for him, but freeing a believing person. 8001 - Al-Muthanna told us, he said: Abu Ghassan told us, he said: Israel told us, from Samak, from Ikrimah, from Ibn Abbas regarding His saying: { If he is from a people who are enemies to you and he is a believer } he said: A man may be a believer and his people are disbelievers; there is no blood money for him, but freeing a believing person. 8002 - Muhammad bin Al-Hussein told us, he said: Ahmad bin Mufaddal told us, he said: Asbat told us, from Al-Suddi: { If he is from a people who are enemies to you and he is a believer } in the land of disbelief, means: { freeing a believing person } and there is no blood money for him. 8003 - Bishr bin Mu'adh told us, he said: Yazid told us, he said: Said told us, from Qatadah: { If he is from a people who are enemies to you and he is a believer then freeing a believing person } and there is no blood money for his family because they are disbelievers, and there is no covenant nor protection between them and Allah. * - Al-Muthanna told me, he said: Al-Hajjaj told us, he said: Hamad told us, he said: We were informed by Ata' bin Al-Sa'ib, from Ibn Abbas that he said regarding the saying of Allah: { And if he is from a people who are enemies to you and he is a believer }... to the end of the verse, he said: A man would convert to Islam, then go to his people and stay among them while they are polytheists, and the army would pass by them for the Messenger of Allah (peace be upon him), and he would be killed among those who are killed, and his killer must free a person but there is no blood money for him. 8004 - Ibn Hamid told us, he said: Jareer told us, from Al-Mughira, from Ibrahim: { If he is from a people who are enemies to you and he is a believer then freeing a person } he said: This is if the Muslim man is from a people who are enemies to you: meaning they have no covenant; if he is killed mistakenly, then on the one who killed him is to free a believing person. * - Al-Muthanna told me, he said: Abu Salih told me, he said: Muawiya told me, from Ali, from Ibn Abbas: { If he is from a people who are enemies to you and he is a believer } if he is among the people of war and he is a believer, and if he is mistakenly killed, then his killer must atone by freeing a believing person or fasting two consecutive months, and there is no blood money on him. 8005 - Yunus told me, he said: Ibn Wahb informed us, he said: Ibn Zaid said regarding His saying: { If he is from a people who are enemies to you and he is a believer } the slain is a Muslim and his people are disbelievers, { freeing a believing person } and he will not pay them blood money so that they may gain strength against you. Others said: No, it referred to a man from the people of war who comes to the land of Islam and converts, then returns to the land of war, and if the army of the people of Islam passes by them, his people flee, and that Muslim remains among them, and they kill him thinking he is a disbeliever. Among those who said this is: 8006 - Muhammad bin Sa'd told us, he said: My father told us, he said: My uncle told us, he said: My father told us, from his father, from Ibn Abbas: { If he is from a people who are enemies to you and he is a believer then freeing a believing person } it is the believer who is among the enemy from the polytheists; they hear about the raid from the companions of Muhammad (peace be upon him), they flee, and the believer remains and is killed, thus he must free a believing person. And if he is from a people with whom you have a treaty, then blood money is to be paid to his family and freeing a believing person.
The interpretation of the verse of Allah, the Exalted, in which He says: { And if it is from a people with whom you have a treaty, then a ransom must be given to his family, along with the freeing of a believing slave. } Allah means by His saying: { And if it is from a people with whom you have a treaty } that if the person killed, who was killed by a believer by mistake, is from a people with whom you, O believers, have a treaty and they are not your enemies. { Then a ransom must be given to his family }, which means that his killer is to pay a ransom to his family, which is borne by his kin, and the freeing of a believing slave is an expiation for his killing. Then the scholars differed in the description of this corpse that is from a people with whom we have a treaty, whether he is a believer or a disbeliever. Some said: He is a disbeliever, yet his killer must pay him the ransom because he has a covenant with him and his people, so the ransom must be paid to his people due to the covenant under which believers and them are bound, and that it is property from their properties, and it is not lawful for believers to take anything from their wealth without their permission. Among those who said this: 8007 - Al-Muthanna told me, he said: Abdullah bin Salih narrated to me, he said: I was informed by Muawiyah, from Ali, from Ibn Abbas: { And if it is from a people with whom you have a treaty } means: If he is a disbeliever under your protection and he is killed, then on his killer is the ransom to be paid to his family, and the freeing of a believing slave, or fasting two consecutive months. 8008 - Yaqub bin Ibrahim told me, he said: Ibn Aliah narrated to us, from Ayyub, he said: I heard Az-Zuhri say: The ransom for the dhimmi is equal to that of the Muslim. He said: And he used to interpret: { And if it is from a people with whom you have a treaty, then a ransom must be given to his family }. 8009 - Al-Muthanna told me, he said: Is'haq narrated to us, he said: Abdullah bin Idris narrated to us, from Isa bin Abi Al-Mughirah, from Al-Sha'bi regarding His saying: { And if it is from a people with whom you have a treaty, then a ransom must be given to his family } he said: He is from the people of the pact, and he is not a believer. 8010 - Al-Muthanna told me, he said: Is'haq narrated to us, he said: Ibn Mahdi narrated to us, from Hashim, from Mughirah, from Ibrahim: { And if it is from a people with whom you have a treaty } and he is not a believer. 8011 - Bishr bin Mu'adh told me, he said: Yazid narrated to us, he said: Sa'id, from Qatadah: { And if it is from a people with whom you have a treaty, then a ransom must be given to his family and the freeing of a believing slave } through his killing: that is regarding who has suffered from his protection and his covenant; { So whoever does not find then fasting two consecutive months is an expiation from Allah }. .. the verse 8012 - Yunus told me, he said: Ibn Wahb informed us, he said: Ibn Zayd said regarding His saying: { And if it is from a people with whom you have a treaty, then a ransom must be given to his family } he says: So pay them the ransom due to the covenant. He said, and the people of covenant fall under this, and the freeing of a believing slave, and whoever does not find should fast two consecutive months. Others said: Rather he is a believer, so on his killer is the ransom which he must pay to his people of the polytheists, as they are people of covenant. Among those who said this: 8013 - Ibn Humayd told me, he said: Jareer narrated to us, from Mughirah, from Ibrahim: { And if it is from a people with whom you have a treaty, then a ransom must be given to his family and the freeing of a believing slave } he said: This Muslim man and his people are polytheists, they have a pact, so his ransom belongs to his people and his inheritance belongs to the Muslims, and his people bear the ransom for him and they have a ransom. 8014 - Al-Muthanna told me, he said: Swid narrated to us, he said: Ibn Al-Mubarak informed us, from Hashim, from Abu Ishaq Al-Kufi, from Jabir bin Zayd in His saying: { And if it is from a people with whom you have a treaty } he said: And he is a believer. 8015 - Al-Muthanna told me, he said: Is'haq narrated to us, he said: Ibn Mahdi narrated to us, from Hamad bin Salamah, from Yunus, from Al-Hasan, regarding His saying: { And if it is from a people with whom you have a treaty } he said: He is a disbeliever. Abu Ja'far said: The most appropriate statements regarding the interpretation of the verse is the one who said: It refers to the killed person from the people of the pact, because Allah did not specify that, He said: { And if it is from a people with whom you have a treaty }, and did not say: " and he is a believer " as He said regarding the killed among the believers and the people of war; or it refers to the believer among them, and he is a believer. Thus, leaving the description of him as a believer, which was the description of the previously mentioned killed ones, is clear evidence of the correctness of what we said in that. If someone thinks that in the saying of Allah, the Exalted: { Then a ransom must be given to his family } is a proof that he is from the people of faith, because the ransom for him cannot be but for a believer, he has made a mistake; for the ransom of the dhimmi and the ransom of the people of Islam are equal, because all have agreed that the ransoms of their arrogant slaves and slaves of the believers from the people of faith are equal, likewise the rules of the ransoms of their freemen are equal. Moreover, if their ransoms were as stated by those who opposed us in that, making it to be half the ransom of the people of faith or one-third, there would be no proof that the one referred to in the saying of Allah: { And if it is from a people with whom you have a treaty } is from the people of faith, for indeed the ransom of a believer has no disagreement among everyone, except from those who do not count it as a disagreement that it is half of the ransom of a believer, and this does not exclude it from being a ransom, likewise the ruling of the ransoms of the people of the covenant, if they were falling short of the ransoms of the people of faith, would not exclude them from being classified as ransoms. How can that be when the matter is indeed otherwise, and their ransoms and the ransoms of the believers are the same? As for the treaty: it is the covenant and protection, and we have explained elsewhere that this is indeed the case and the original principle from which it is taken is sufficient without the need to reintroduce it in this place. Among those who said that: 8016 - Muhammad bin Al-Husayn told me, he said: Ahmad bin Mufadil narrated to us, he said: Asbat, from Al-Suddi regarding His saying: { And if it is from a people with whom you have a treaty } he says: It is a covenant. 8017 - Hasan bin Yahya told me, he said: Abdul Razzaq informed us, he said: Mu'mir, from Az-Zuhri regarding His saying: { And if it is from a people with whom you have a treaty } he said: It is the agreement. 8018 - Al-Muthanna told me, he said: Abu Ghassan narrated to us, he said: Israel, from Samak, from Ikrimah, from Ibn Abbas: { And if it is from a people with whom you have a treaty } is a pact. 8019 - Ibn Waki' told me, he said: My father narrated to us, from Israel, from Samak, from Ikrimah, likewise. If someone asks: What is the description of the error that if a believer kills a believer or a person of treaty, then he is compelled to the ransom and the expiation? It is what Al-Nakha'i said in that. And that is: 8020 - Ibn Bashar told me, he said: Abdul Rahman bin Mahdi narrated to us, he said: Sufyan, from Mughirah, from Ibrahim said: An error is when someone intends something and hits another. 8021 - Abu Kreeb and Yaqub bin Ibrahim told us, they said: Hashim narrated to us, from Mughirah, from Ibrahim, he said: An error is when someone throws something and hits a person who he does not intend; that is error, and he is upon his kin. If he said: What is the required ransom for that? It is said: In the case of killing a believer, one hundred camels if he is among the camel owners, and there is no disagreement among everyone in that. If there is a disagreement regarding the amount of their ages, some scholars say: They are in quarters: twenty-five are she-camels, twenty-five are young ones, twenty-five are daughters of a pregnant she-camel, and twenty-five are daughters of a lactating she-camel. Among those who said that: 8022 - Ibn Bashar told me, he said: Abdul Rahman narrated to us, he said: Sufyan, from Mansur, from Ibrahim, from Ali, may Allah be pleased with him: In error, like semi-intentional killing, thirty-three she-camels, thirty-three young ones, and thirty-four fully aged ones to take their best of the year; and for error: twenty-five she-camels, twenty-five young ones, twenty-five daughters of a pregnant she-camel, and twenty-five daughters of a lactating she-camel. * - Ibn Bashar told me, he said: Abdul Rahman narrated to us, he said: Sufyan, from Firas and Al-Shaybani, from Al-Sha'bi, from Ali bin Abi Talib, likewise. * - Ibn Bashar told me, he said: Abdul Rahman narrated to us, he said: Sufyan, from Abu Ishaq, from Asim bin Dumrah, from Ali, may Allah be pleased with him, in a similar way. * - Wasil bin Abdul A'la told me, he said: Ibn Fudhail narrated to us, from Ash'ath bin Sawar, from Al-Sha'bi, from Ali, may Allah be pleased with him, that he said: In the case of accidental killing, the ransom is one hundred quarters, and then he mentioned something similar. Others said: It is fifths: twenty she-camels, twenty young ones, twenty daughters of a lactating she-camel, twenty sons of a lactating she-camel, and twenty daughters of a pregnant she-camel. Among those who said that: 8023 - Muhammad bin Bashar told me, he said: Ibn Abi Adi narrated to us, from Sa'id, from Qatadah, from Abu Mujliz, from Abu Ubaydah, from his father, from Abdullah bin Mas'ud that in error it is twenty she-camels, twenty young ones, twenty daughters of a lactating she-camel, twenty sons of a lactating she-camel, and twenty daughters of a pregnant she-camel. * - Wasil bin Abdul A'la told me, he said: Ibn Fudhail narrated to us, from Ash'ath, from Amir, from Abdullah bin Mas'ud: In accidental killing, one hundred camels in fifths: five young ones, five she-camels, five daughters of a lactating she-camel, five daughters of a pregnant she-camel, and five daughters of a pregnant she-camel. * - Mujahid bin Musa told me, he said: I was informed by Yazid, he said: Suleiman Al-Taymi, from Abu Mujliz, from Abu Ubaydah from Abdullah, said: The ransom in error is fifths: five daughters of a pregnant she-camel, five daughters of a lactating she-camel, five she-camels, five young ones, and five daughters of a pregnant she-camel. And the one holding this statement supported it with a hadith: 8024 - Abu Hashim Al-Rifai informed us, he said: Yahya bin Abi Zaidah and Abu Khalid Al-Ahmar, from Hajjaj, from Zayd bin Jubair, from Alkhashf bin Malik, from Abdullah bin Mas'ud: The Prophet, peace be upon him, ruled in the ransom in error as fifths. Abu Hashim said: Ibn Abi Zaydah said: Twenty she-camels, twenty young ones, twenty daughters of a lactating she-camel, twenty daughters of a pregnant she-camel, twenty daughters of a pregnant she-camel. * - Abu Hashim told us, he said: Yahya narrated to us, from his father, from Abu Ishaq, from Al-Aqamah, from Abdullah that he ruled with that. Others said: They are quarters, except that they are thirty she-camels, thirty daughters of a pregnant she-camel, twenty daughters of a lactating she-camel, and twenty sons of a lactating she-camel, males. Among those who said that: 8025 - Ibn Bashar told me, he said: He mentioned that Muhammad bin Bakr, he said: Sa'id revealed it from Qatadah, from Abdul Rabbih, from Abu Aiyad, from Uthman and Zayd bin Thabit who said: In semi-intentional killing, forty young ones, thirty she-camels, thirty daughters of a pregnant she-camel; and in the error: thirty she-camels, thirty young ones, twenty daughters of a pregnant she-camel, and twenty sons of a lactating she-camel, males. 8026 - Ibn Bashar told me, he said: He mentioned that Ibn Abi Adi, from Sa'id, from Qatadah, from Sa'id bin Al-Musayyib, from Zayd bin Thabit in the ransom of error: thirty she-camels, thirty daughters of a lactating she-camel, twenty daughters of a pregnant she-camel, and twenty sons of a lactating she-camel, males. * - Ibn Bashar told me, he said: Ibn Athimah narrated to us, from Sa'id bin Bashir, from Qatadah, from Abdul Rabbih, from Abu Aiyad, from Uthman bin Affan, may Allah be pleased with him, and he reported to us Sa'id, from Qatadah, from Sa'id bin Al-Musayyib from Zayd bin Thabit likewise. Abu Ja'far said: The truth regarding that matter is that everyone agrees that in pure error it is a hundred camels for the camel owners. Then they disagreed regarding the amounts of their ages and all agreed that it should not be less than that which is mentioned of their ages defined by those who mentioned their differing in it, and that it should not exceed that which has been determined by the highest limit. And since this is agreed upon by all, it is obligatory that what is sufficient for the one who is required to pay for accidental killing is any of these ages that differ among the differing parties should be paid to the one who is supposed to receive it, because Allah did not limit that with a limit that is exceeded or lessened, nor has His Messenger, except what we mentioned of their unanimous agreement; thus, the Imam does not exceed what is ordered in ruling regarding diminishing or increasing, and he has the option among these according to what he sees as best for both parties. And if the kin of the killer are among the owners of gold, then for the heirs of the killed is upon us one thousand dinars, and it is upon the scholars of the regions. Some said: That was a valuation from Umar, may Allah be pleased with him, for camels upon the owners of gold in his time, and the obligation is to be valued in the present time if camels are not available from the kin of the killer. And they relied upon: 8027 - Ibn Bashar told me, he said: Abdul Rahman narrated to us, he said: Sufyan, from Ayyub bin Musa, from Mukhal, he said: The ransom used to rise and fall, and the Messenger of Allah, peace be upon him, passed away while it was eight hundred dinars, and Umar feared afterwards, so he set it at twelve thousand dirhams or one thousand dinars. As for those who made it obligatory for every age upon the people of gold, a thousand dinars, they said: That is an obligation that Allah ordained through the tongue of His Messenger, just as He ordained camels for the camel owners. They said: And the consensus of the scholars of the regions in every age and time except for those who deviated from them that it should not exceed a thousand dinars and should not fall below it, is the clearest proof that it is obligatory for the owners of gold just as the camels are obligatory for the camel owners, because if it were valued at a hundred camels, that would differ with increase and decrease due to the fluctuation in camel prices. This statement is the truth in that because of what we mentioned of the consensus around it. And as for the silver in the hands of the people of silver, the sum is twelve thousand dirhams, and we have explained the reasons for this in our book "A Brief Discourse on the Laws of Islamic Jurisprudence". Others said: Rather, for the owners of silver, it is from silver ten thousand dirhams. And as for the ransom of a person under protection who has a treaty with us, the scholars have disagreed regarding its amount, some say: His ransom is equal to that of a free Muslim. Among those who said that: 8028 - Al-Muthanna told me, he said: Is'haq narrated to us, he said: Bashar bin Al-Sari, from Ibrahim bin Sa'd, from Az-Zuhri: That Abu Bakr and Uthman, may Allah be pleased with them both, used to set the ransom of a Jew and a Christian, if they were under treaty, equal to that of a Muslim. 8029 - Al-Muthanna told me, he said: Is'haq narrated to us, he said: Bashar bin Al-Sari, from A-Dastwa'i, from Yahya bin Abi Kathir, from Al-Hakam bin Uyaynah: That Ibn Mas'ud used to set the ransom for the people of the Book if they were people of covenant equal to that of Muslims. 8030 - Muhammad bin Al-Muthanna told me, he said: Muhammad bin Ja'far narrated to us, he said: Shubha, from Hamad, said: Abdul Hamid asked me about the ransom of the people of the Book, so I informed him that Ibrahim said: Their ransom is the same as ours. 8031 - Al-Muthanna told me, he said: Abu Al-Walid narrated to us, he said: Hamad, from Ibrahim and Dawood, from Al-Sha'bi, they both said: The ransom of the Jew, the Christian, and the Magian is like the ransom of the free Muslim. 8032 - Yaqub bin Ibrahim told me, he said: Hashim, from Mughirah, from Ibrahim, said: It was said: The ransom of the Jew and the Christian and the Magian is like the ransom of the Muslim if he has protection. 8033 - Yaqub told me, he said: Ibn Aliah narrated to us, he said: Ibn Abi Nujayh, from Mujahid and 'Ata, they said: The ransom of the person of the treaty is the ransom of the Muslim. * - Sawar bin Abdullah told me, he said: Bashar bin Al-Mufadhil, from Al-Mas'udi, from Hamad, from Ibrahim, he said: The ransom of the Muslim and the protected are the same. 8034 - Yaqub told me, he said: Ibn Aliah narrated to us, from Ayyub, he said: I heard Az-Zuhri say: The ransom of the dhimmi is the ransom of the Muslim. 8035 - Abu Kreeb told me, he said: Ibn Abi Zaydah narrated to us, from Ash'ath, from Amir said: The ransom of the dhimmi is like the ransom of the Muslim. * - Abu Kreeb told me, he said: Ibn Abi Zaydah narrated to us, from Sa'id bin Abi 'Ubaidah, from Abu Ma'shar, from Ibrahim likewise. * - I was told by Abu Al-Sa'ib, he said: Abu Muawiyah narrated to us, from Al-A'mash, from Ibrahim likewise. 8036 - Abdul Hamid bin Bayan informed us, he said: Muhammad bin Yazid, from Isma'il, from Amir, and he received from that that Al-Hasan used to say: The ransom of the Magian is eight hundred, and the ransom of the Jew and the Christian is four thousand; he said: Their ransom is one. * - Ibn Bashar told me, he said: Abdul Rahman narrated to us, he said: Sufyan, from Qais bin Muslim, from Al-Sha'bi, he said: The ransom of the protected and the Muslim in their expiations are the same. * - Ibn Bashar told me, he said: Abdul Rahman narrated to us, he said: Sufyan, from Mansur, from Ibrahim, said: The ransom of the protected and the Muslim are the same. Others said: Rather, his ransom is half of the ransom of the Muslim. Among those who said that: 8037 - Ibn Al-Muthanna told me, he said: Abdul A'la narrated to us, he said: Dawood, from Amr bin Shu'aib regarding the ransom of the Jew and the Christian said: Umar bin Al-Khattab, may Allah be pleased with him, made it half of the ransom of the Muslim, and the ransom of the Magian is eight hundred. I said to Amr bin Shu'aib: Al-Hasan says: four thousand; he said: That may have been earlier, and he said: Rather, he made the ransom of the Magian like that of a slave. 8038 - Abu Kreeb told me, he said: Abdullah Al-Ashj'ai, from Sufyan, from Abu Al-Zanad, from Umar bin Abdul Aziz said: The ransom of the protected is half of the ransom of the Muslim. Others said: Rather, his ransom is one-third of the ransom of the Muslim. Among those who said that: 8039 - Wasil bin Abdul A'la told me, he said: Ibn Fudhail, from Matar, from Abu 'Uthman—who was a judge for the people of Merv—said: Umar, may Allah be pleased with him, made the ransom of the Jew and the Christian four thousand. 8040 - Ammar bin Khalid Al-Wasiti told me, he said: Yahya bin Said, from Al-A'mash, from Thabit, from Sa'id bin Al-Musayyib said: Umar said: The ransom of the Christian is four thousand, and the Magian is eight hundred. * - Muhammad bin Al-Muthanna told me, he said: Abdul Al-Samad narrated to us, he said: Shubha, from Thabit, said: I heard Sa'id bin Al-Musayyib say: Umar bin Al-Khattab said, so he mentioned something similar. 8041 - Ibn Bashar told me, he said: Ibn Abi Adi narrated to us, from Sa'id, from Qatadah, from Abu Al-Malih: That a man from his people threw a Jew or a Christian with an arrow and killed him, so this was brought to Umar bin Al-Khattab, and he fined him his ransom of four thousand. * - And with him from Qatadah, from Sa'id bin Al-Musayyib, said: Umar said: The ransom of the Jew and the Christian is four thousand, four thousand. * - Yaqub bin Ibrahim told me, he said: Hashim, he said: Our companions informed us, from Sa'id bin Al-Musayyib, from Umar the same. 8042 - He said: He narrated from Hashim, from Ibn Abi Layla, from 'Ata, from Umar the same. 8043 - He said: He narrated from Hashim, he said: I was informed by Yahya bin Said, from Suleiman bin Yasar, he said: The ransom of the Jew and the Christian is four thousand, and the Magian is eight hundred. 8044 - Sawar bin Abdullah told me, he said: Khalid bin Al-Harith, he said: Abdul Malik, from 'Ata, similarly. 8045 - I narrated from Al-Husayn bin Al-Faraj, he said: I heard Abu Ma'adh, he said: Ubaid narrated to me, he said: I heard Al-Dahhak in His saying: { So whoever does not find then fasting two consecutive months is an expiation from Allah } that fasting is for the one who cannot find a slave; as for the ransom, it is obligatory and nothing can cancel it. Thus, whoever cannot find then fasting two consecutive months is an expiation from Allah.
The statement regarding the interpretation of His saying: { So whoever does not find (a neck to free) then (his expiation) is to fast two consecutive months as a repentance from Allah } means that His saying: { So whoever does not find (a neck to free) then (his expiation) is to fast two consecutive months } refers to whoever does not find a believing neck to free as an expiation for his mistake in killing a believer or a protected person due to his inability to afford its price. { then (his expiation) is to fast two consecutive months } means: then he must fast two consecutive months. The people of interpretation differed in their understanding of this; some of them stated it in a manner similar to what we said. Those who mentioned this said: 8046 - Muhammad bin Amr told me, he said: Abu Asim narrated to us, from Isa, from Ibn Abi Najih, from Mujahid regarding the saying of Allah: { So whoever does not find (a neck to free) then (his expiation) is to fast two consecutive months } said: Whoever does not find to free – or he was unsure if it was “to free a neck” – in the killing of a believing person mistakenly, he said: And it was revealed concerning 'Ayash bin Abi Rabi'ah who mistakenly killed a believer. Others said: Fasting the two months is about the blood money and the neck. They said: And the interpretation of the verse is: whoever does not find a believing neck or the blood money to give to its family, then he must fast two consecutive months. Those who mentioned this said: 8047 - Al-Muthanna told me, he said: Suwayd bin Nasr narrated to us, he said: Ibn Al-Mubarak from Zakariya from Al-Shabi from Masruq: he was asked about the verse in Surah An-Nisa: { So whoever does not find (a neck to free) then (his expiation) is to fast two consecutive months } is the fasting of the two months regarding the neck alone, or about the blood money and the neck? He said: Whoever does not find, then it is about the blood money and the neck. * - Ibn Waki' told us, he said: My father narrated to me from Zakariya from ‘Amir from Masruq in a similar manner. Abu Ja'far said: The correct statement regarding that is that the fast is for the neck without the blood money, because the blood money of an accidental killing is on the family of the killer, and the expiation is on the killer by the consensus of proof of that, transmitted from our Prophet, peace be upon him, so the fasting of a faster does not cover what is due from someone else for his wealth. The consecutive fasting is the fasting of two months, and he should not break his fast on some of its days for reasons that do not hinder him from fasting. Then He, Exalted be His mention, said: { A repentance from Allah; and Allah is Knowing and Wise } meaning: a pardon from Allah to you for easing it upon you by alleviating what has been made obligatory upon you regarding freeing a believing neck when you are able to do so by obliging you to fast two consecutive months. And Allah is Knowing and Wise.
{ And Allah is All-Knowing, All-Wise } It refers to the fact that Allah has always been All-Knowing regarding what is beneficial for His servants in what He commands them in their obligations and other matters, and He is All-Wise in His judgments and intentions concerning them.