جزء 5
سورة النساء
The verse of Allah: (And it is not for a believer to kill a believer) was revealed concerning 'Iyash (bin Abi Rabi'ah) Al-Makhzumi. This is because he came to the Messenger of Allah (peace be upon him) in Mecca before the migration and embraced Islam. Then he feared that his family would discover his Islam, so he fled to Medina and took refuge in a fortress there. His mother was very distressed by this and said to her two sons, Al-Harith and Abu Jahl bin Hisham, who were her brothers: "By Allah, I will not stay under a roof nor will I taste food or drink until you bring him back to me." They set out in search of him, and Al-Harith bin Zayd bin Abi Anisa went with them until they reached Medina. They approached 'Iyash while he was in the fortress and said to him: "Come down, for your mother has not had a roof over her head since you left, and she has sworn that she will neither eat food nor drink until you return to her (And we swear by Allah) that we will not force you to do anything nor will we prevent you from your religion." When they mentioned his mother's distress and assured him by Allah, he came down to them. They took him out of the city and then bound him with a rope, and each of them whipped him a hundred lashes. Then they brought him to his mother, and when she saw him, she said: "By Allah, I will not release you from your bonds until you renounce what you have believed in." So they left him bound and lying in the sun for as long as Allah willed. He eventually gave them that which they wanted and Al-Harith bin Zayd came to him and said: "O 'Iyash, is this what you were upon? By Allah, if it is guidance, then you have left guidance, and if it is misguidance, then you were upon it." 'Iyash became angry at his statement and said: "By Allah, I will never meet you alone again except that I will kill you." Then 'Iyash embraced Islam afterward and migrated, and then Al-Harith bin Zayd embraced Islam after him and migrated to the Messenger of Allah (peace be upon him) while 'Iyash was not present that day and was unaware of his Islam. While 'Iyash was walking at the back of Quba, he encountered Al-Harith and killed him. The people said: "Woe to you, what have you done? He has embraced Islam!" 'Iyash returned to the Messenger of Allah (peace be upon him) and said: "O Messenger of Allah, you know what has happened with me and with Al-Harith, and I did not know of his Islam until I killed him." Then the verse was revealed: (And it is not for a believer to kill a believer except by mistake.)
And this is a prohibition against killing a believer, as His saying (the Exalted) states: "And it is not for you to harm the Messenger of Allah" ( Al-Ahzab - 53 ).
( Except for a mistake ) is an incomplete exception meaning: but if a mistake occurs, ( And whoever kills a believer accidentally, then a believing slave must be freed ) that is: he must free a believing slave as atonement, ( and a full blood money ) ( to his family ) meaning: to the family of the victim who inherit him, ( except if they forgive ) meaning: if they forgive the blood money and let it go, ( And if it was from a people that are enemies to you and he is a believer, then a believing slave must be freed ) meaning if a man is a Muslim in the land of war alone with infidels and was killed by someone who did not know about his Islam, then there is no blood money for him, and he has the atonement. It is also said: the meaning is if the murdered person is a Muslim in the land of Islam and is from a lineage of infidels, and his relatives are at war with Muslims, then the atonement applies and there is no blood money for his family. Al-Harith bin Zayd was from a people of infidels who were at war with Muslims, and it was required to free a slave but there was no blood money because there was no treaty between his people and the Muslims.
The meaning of the verse: (And if it is from a people with whom you have a treaty, then a compensation paid to their families and the freeing of a believing slave) refers to the situation where the killed person is a disbeliever who is either a protected person (dhimmi) or a treaty-bound (mu'ahid), in which case, there should be a compensation and expiation. The expiation is achieved by freeing a believing slave, whether the killed person was a Muslim or a treaty-bound individual, whether male or female, free or enslaved, and it should be from the property of the killer. (But whoever does not find (a slave) then (he should fast) for two consecutive months) If the killer is able to free a slave or capable of obtaining one by having extra money beyond his own needs and the needs of his family, and his requirements for housing, he must free the slave, and he cannot switch to fasting. However, if he is unable to obtain a slave, then he must fast for two consecutive months. If he intentionally breaks the fast for one day during the two months or forgets the intention and intends to fast another type, he must start the two months over again.
And if one breaks the fast for a day due to sickness or travel, does the continuity end? The scholars have differed about this. Some of them said: it does end, and he must restart the two months, which is the position of Al-Nakha'i and the most apparent opinion of Al-Shafi'i, may Allah be pleased with him, because he broke the fast by choice. Others said: it does not end, and he must continue, which is the view of Sa'id ibn al-Musayyab, Al-Hasan, and Al-Sha'bi.
And if a woman menstruates during the two months, she should fast the days of her menstruation, and the sequence of fasting does not break. When she becomes pure, she should continue counting what she had fasted, because it is an obligation assigned to women that they cannot avoid.
If one is unable to fast, is he required to compensate by feeding sixty poor people? There are two opinions on this matter. The first is that he compensates as in the expiation for the specific types of marital separation, and the second is that he does not compensate because the Sharia did not mention an alternative, stating: ( So fasting for two consecutive months )
(A repentance from Allah) meaning: Allah has made this a repentance for the one who inadvertently kills. (And Allah is All-Knowing) about those who kill by mistake. (Wise) in what He has ruled upon you.
As for the discussion regarding the blood money (diya), know that there are three types of killing: intentional murder, quasi-intentional murder, and unintentional murder.
The absolute intent is: that one intends to kill a person with what is generally intended for killing, and thus kills him. In this case, there is retribution (qisas) if there is equality, or a heavy blood money (diyya) from the property of the killer at the time.
And the analogy of intentional killing: it is when one intends to strike someone with something that typically does not cause death, such as striking with a light stick or a small stone, inflicting one or two blows, and then the person dies; there is no retaliation (Qisas) for this, but a heavy blood money (Diyah) is required from the perpetrator's family, which is to be paid over a period of three years.
And absolute error is: that he did not intend to strike him but intended something else and accidentally struck him so he died from it, thus there is no retaliation in this case, but a reduced blood money is obligatory upon his relatives, deferred for three years.
The expiation is obligatory from his wealth in all types, and according to Abu Hanifa, may Allah be pleased with him, intentional murder does not require expiation, as it is a major sin like other major sins.
The blood money for a free Muslim is one hundred camels. If camels are not available, their value in dirhams or dinars is required, according to one opinion. In another opinion, an equivalent amount of one thousand dinars or twelve thousand dirhams is obligatory, as narrated from Umar (may Allah be pleased with him): "The blood money was set at one thousand dinars for the people of gold and twelve thousand dirhams for the people of silver."
Some people hold that the blood money (diya) is one hundred camels, or one thousand dinars, or twelve thousand dirhams. This is the opinion of Urwah ibn Az-Zubair and Al-Hasan Al-Basri, may Allah be pleased with them, and it was also stated by Malik.
Some people went to the view that it is one hundred camels, or one thousand dinars, or ten thousand dirhams; this is the saying of Sufyan al-Thawri and the companions of opinion.
The blood money for a woman is half of that of a man, and the blood money for the people of the covenant and the dhimmi is a third of that of a Muslim, if they are people of the Scripture. If they are Magians, then it is one-fifth of the blood money. It has been narrated from Umar, may Allah be pleased with him, that he said: The blood money for a Jew and a Christian is four thousand dirhams, and the blood money for a Magian is eight hundred dirhams. This is the view of Sa'id ibn al-Musayyib and Al-Hasan, and this is the opinion that Al-Shafi'i, may Allah be pleased with him, also held.
Some people opined that the blood money (diya) for a non-Muslim subject (dhimmi) and a treaty partner (mu'ahid) is the same as that of a Muslim. This was narrated from Ibn Mas'ud (may Allah be pleased with him) and is the opinion of Sufyan al-Thawri and the scholars of opinion.
And some said: The blood money for a dhimmi is half that of a Muslim, and this is the opinion of Umar ibn Abd al-Aziz, and it is supported by Malik and Ahmad, may Allah have mercy on them.
The blood money for intentional murder and quasi-intentional murder is aggravated by age, and it is required to be thirty camels that are two years old, thirty that are three years old, and forty that are four years old, which are pregnant with their young. This is the opinion of Umar ibn al-Khattab and Zayd ibn Thabit, may Allah be pleased with them both. This is what Ata said, and it is the view of al-Shafi'i, may Allah be pleased with him, when we were informed by Abdul Wahhab ibn Muhammad al-Khatib, that Abdul Aziz ibn Ahmad al-Khallal, that Abu al-Abbas al-Asamm, that al-Rabi, that al-Shafi'i, may Allah be pleased with him, that Ibn Uyayna, from Ali ibn Zayd ibn Jad'an, from al-Qasim ibn Rabi'a, from Abdullah ibn Umar, may Allah be pleased with them both, that the Messenger of Allah, peace be upon him, said: "Verily, in the case of intentional killing by beating with a whip or stick, the blood money is one hundred camels, of which forty are pregnant with their young."
Some people went to the opinion that the heavy blood money (diyah) is divided into four parts: twenty-five daughters of a pregnant she-camel, twenty-five daughters of a nursing she-camel, twenty-five mature she-camels, and twenty-five young she-camels. This is the view of Al-Zuhri and Rabee'a, and it was also said by Malik, Ahmad, and the followers of opinion.
As for the blood money for accidental killing, it is lighter, and it is one-fifth by consensus, but they differed in its division. Some went to say that it is twenty pregnant female camels, twenty she-camels that have given birth, twenty male camels, twenty young she-camels, and twenty yearlings, which is the opinion of Umar ibn Abdul Aziz, Sulayman ibn Yasar, Al-Zuhri, and Rabi'a, and this is what Malik and Al-Shafi'i may Allah have mercy on them said. Others replaced the she-camels that have given birth with the pregnant female camels, which is reported from Ibn Mas'ud may Allah be pleased with him, and this was the view of Ahmad and the scholars of opinion.
The blood money (diyat) for the parties involved in this estimation is to be paid, and the blood money for a woman is half that of a man. The blood money in cases of unintentional killing and semi-intentional killing is the responsibility of the relatives of the killer, who are the male relatives of the killer. The perpetrator is not required to pay anything because the Prophet (peace be upon him) made it obligatory for the relatives to bear this responsibility.
And this is a prohibition against killing a believer, as His saying (the Exalted) states: "And it is not for you to harm the Messenger of Allah" ( Al-Ahzab - 53 ).
( Except for a mistake ) is an incomplete exception meaning: but if a mistake occurs, ( And whoever kills a believer accidentally, then a believing slave must be freed ) that is: he must free a believing slave as atonement, ( and a full blood money ) ( to his family ) meaning: to the family of the victim who inherit him, ( except if they forgive ) meaning: if they forgive the blood money and let it go, ( And if it was from a people that are enemies to you and he is a believer, then a believing slave must be freed ) meaning if a man is a Muslim in the land of war alone with infidels and was killed by someone who did not know about his Islam, then there is no blood money for him, and he has the atonement. It is also said: the meaning is if the murdered person is a Muslim in the land of Islam and is from a lineage of infidels, and his relatives are at war with Muslims, then the atonement applies and there is no blood money for his family. Al-Harith bin Zayd was from a people of infidels who were at war with Muslims, and it was required to free a slave but there was no blood money because there was no treaty between his people and the Muslims.
The meaning of the verse: (And if it is from a people with whom you have a treaty, then a compensation paid to their families and the freeing of a believing slave) refers to the situation where the killed person is a disbeliever who is either a protected person (dhimmi) or a treaty-bound (mu'ahid), in which case, there should be a compensation and expiation. The expiation is achieved by freeing a believing slave, whether the killed person was a Muslim or a treaty-bound individual, whether male or female, free or enslaved, and it should be from the property of the killer. (But whoever does not find (a slave) then (he should fast) for two consecutive months) If the killer is able to free a slave or capable of obtaining one by having extra money beyond his own needs and the needs of his family, and his requirements for housing, he must free the slave, and he cannot switch to fasting. However, if he is unable to obtain a slave, then he must fast for two consecutive months. If he intentionally breaks the fast for one day during the two months or forgets the intention and intends to fast another type, he must start the two months over again.
And if one breaks the fast for a day due to sickness or travel, does the continuity end? The scholars have differed about this. Some of them said: it does end, and he must restart the two months, which is the position of Al-Nakha'i and the most apparent opinion of Al-Shafi'i, may Allah be pleased with him, because he broke the fast by choice. Others said: it does not end, and he must continue, which is the view of Sa'id ibn al-Musayyab, Al-Hasan, and Al-Sha'bi.
And if a woman menstruates during the two months, she should fast the days of her menstruation, and the sequence of fasting does not break. When she becomes pure, she should continue counting what she had fasted, because it is an obligation assigned to women that they cannot avoid.
If one is unable to fast, is he required to compensate by feeding sixty poor people? There are two opinions on this matter. The first is that he compensates as in the expiation for the specific types of marital separation, and the second is that he does not compensate because the Sharia did not mention an alternative, stating: ( So fasting for two consecutive months )
(A repentance from Allah) meaning: Allah has made this a repentance for the one who inadvertently kills. (And Allah is All-Knowing) about those who kill by mistake. (Wise) in what He has ruled upon you.
As for the discussion regarding the blood money (diya), know that there are three types of killing: intentional murder, quasi-intentional murder, and unintentional murder.
The absolute intent is: that one intends to kill a person with what is generally intended for killing, and thus kills him. In this case, there is retribution (qisas) if there is equality, or a heavy blood money (diyya) from the property of the killer at the time.
And the analogy of intentional killing: it is when one intends to strike someone with something that typically does not cause death, such as striking with a light stick or a small stone, inflicting one or two blows, and then the person dies; there is no retaliation (Qisas) for this, but a heavy blood money (Diyah) is required from the perpetrator's family, which is to be paid over a period of three years.
And absolute error is: that he did not intend to strike him but intended something else and accidentally struck him so he died from it, thus there is no retaliation in this case, but a reduced blood money is obligatory upon his relatives, deferred for three years.
The expiation is obligatory from his wealth in all types, and according to Abu Hanifa, may Allah be pleased with him, intentional murder does not require expiation, as it is a major sin like other major sins.
The blood money for a free Muslim is one hundred camels. If camels are not available, their value in dirhams or dinars is required, according to one opinion. In another opinion, an equivalent amount of one thousand dinars or twelve thousand dirhams is obligatory, as narrated from Umar (may Allah be pleased with him): "The blood money was set at one thousand dinars for the people of gold and twelve thousand dirhams for the people of silver."
Some people hold that the blood money (diya) is one hundred camels, or one thousand dinars, or twelve thousand dirhams. This is the opinion of Urwah ibn Az-Zubair and Al-Hasan Al-Basri, may Allah be pleased with them, and it was also stated by Malik.
Some people went to the view that it is one hundred camels, or one thousand dinars, or ten thousand dirhams; this is the saying of Sufyan al-Thawri and the companions of opinion.
The blood money for a woman is half of that of a man, and the blood money for the people of the covenant and the dhimmi is a third of that of a Muslim, if they are people of the Scripture. If they are Magians, then it is one-fifth of the blood money. It has been narrated from Umar, may Allah be pleased with him, that he said: The blood money for a Jew and a Christian is four thousand dirhams, and the blood money for a Magian is eight hundred dirhams. This is the view of Sa'id ibn al-Musayyib and Al-Hasan, and this is the opinion that Al-Shafi'i, may Allah be pleased with him, also held.
Some people opined that the blood money (diya) for a non-Muslim subject (dhimmi) and a treaty partner (mu'ahid) is the same as that of a Muslim. This was narrated from Ibn Mas'ud (may Allah be pleased with him) and is the opinion of Sufyan al-Thawri and the scholars of opinion.
And some said: The blood money for a dhimmi is half that of a Muslim, and this is the opinion of Umar ibn Abd al-Aziz, and it is supported by Malik and Ahmad, may Allah have mercy on them.
The blood money for intentional murder and quasi-intentional murder is aggravated by age, and it is required to be thirty camels that are two years old, thirty that are three years old, and forty that are four years old, which are pregnant with their young. This is the opinion of Umar ibn al-Khattab and Zayd ibn Thabit, may Allah be pleased with them both. This is what Ata said, and it is the view of al-Shafi'i, may Allah be pleased with him, when we were informed by Abdul Wahhab ibn Muhammad al-Khatib, that Abdul Aziz ibn Ahmad al-Khallal, that Abu al-Abbas al-Asamm, that al-Rabi, that al-Shafi'i, may Allah be pleased with him, that Ibn Uyayna, from Ali ibn Zayd ibn Jad'an, from al-Qasim ibn Rabi'a, from Abdullah ibn Umar, may Allah be pleased with them both, that the Messenger of Allah, peace be upon him, said: "Verily, in the case of intentional killing by beating with a whip or stick, the blood money is one hundred camels, of which forty are pregnant with their young."
Some people went to the opinion that the heavy blood money (diyah) is divided into four parts: twenty-five daughters of a pregnant she-camel, twenty-five daughters of a nursing she-camel, twenty-five mature she-camels, and twenty-five young she-camels. This is the view of Al-Zuhri and Rabee'a, and it was also said by Malik, Ahmad, and the followers of opinion.
As for the blood money for accidental killing, it is lighter, and it is one-fifth by consensus, but they differed in its division. Some went to say that it is twenty pregnant female camels, twenty she-camels that have given birth, twenty male camels, twenty young she-camels, and twenty yearlings, which is the opinion of Umar ibn Abdul Aziz, Sulayman ibn Yasar, Al-Zuhri, and Rabi'a, and this is what Malik and Al-Shafi'i may Allah have mercy on them said. Others replaced the she-camels that have given birth with the pregnant female camels, which is reported from Ibn Mas'ud may Allah be pleased with him, and this was the view of Ahmad and the scholars of opinion.
The blood money (diyat) for the parties involved in this estimation is to be paid, and the blood money for a woman is half that of a man. The blood money in cases of unintentional killing and semi-intentional killing is the responsibility of the relatives of the killer, who are the male relatives of the killer. The perpetrator is not required to pay anything because the Prophet (peace be upon him) made it obligatory for the relatives to bear this responsibility.