An-Nisa Verse 92

It is not lawful for a believer to kill another except by mistake. And whoever kills a believer unintentionally must free a believing slave and pay blood-money to the victim’s family—unless they waive it charitably. But if the victim is a believer from a hostile people, then a believing slave must be freed. And if the victim is from a people bound with you in a treaty, then blood-money must be paid to the family along with freeing a believing slave. Those who are unable, let them fast two consecutive months—as a means of repentance to Allah. And Allah is All-Knowing, All-Wise.

It is not for a believer to kill another believer except by mistake. Whoever kills a believer by mistake must free a believing slave and pay blood money to his family, unless they waive it as an act of charity. But if the victim was a believer and belonged to people at war with you, then a believing slave must be freed. If he belonged to a people with whom you have a treaty, then blood money must be paid to his family and freeing a believing slave. Anyone who is unable must fast for two consecutive months by way of repentance to Allah. And Allah is All-Knowing, All-Wise.

It belongs not to a believer to slay a believer, except it be by error. If any slays a believer by error, then let him set free a believing slave, and bloodwit is to be paid to his family unless they forgo it as a freewill offering. If he belong to a people at enmity with you and is a believer, let the slayer set free a believing slave. If he belong to a people joined with you by a compact, then bloodwit is to be paid to his family and the slayer shall set free a believing slave. But if he finds not the means, let him fast two successive months -- God's turning; God is All-knowing, All-wise.

Never should a believer kill another believer, except by mistake. If anyone kills a believer by mistake he must free one Muslim slave and pay compensation to the victim’s relatives, unless they charitably forgo it; if the victim belonged to a people at war with you but is a believer, then the compensation is only to free a believing slave; if he belonged to a people with whom you have a treaty, then compensation should be handed over to his relatives, and a believing slave set free. Anyone who lacks the means to do this must fast for two consecutive months by way of repentance to God: God is all knowing, all wise.

It is not for a believer to slay a believer except by a mischance; and whosoever slayeth a believer by mischance on him is the setting free of a believing bondman and blood-wit to be delivered to his family except that they forego. Then if he be of a people hostile unto you and is himself a believer, then the setting free of a believing bondman; and if he be of a people between man whom and you is a bond, then the bloodwit to be delivered to his family and the setting free of a believing bondman. Then whosoever findeth not the wherewithal, on him is the fasting for two months in succession: a penance from Allah. And Allah is ever Knowing, Wise.

Never should a believer kill a believer; but (If it so happens) by mistake, (Compensation is due); If one (so) kills a believer, it is ordained that he should free a believing slave, and pay compensation to the deceased's family, unless they remit it freely. If the deceased belonged to a people at war with you, and he was a believer, the freeing of a believing slave (Is enough). If he belonged to a people with whom ye have treaty of Mutual alliance, compensation should be paid to his family, and a believing slave be freed. For those who find this beyond their means, (is prescribed) a fast for two months running; by way of repentance to Allah; for Allah hath all knowledge and all wisdom.

It is not for a believer to slay another believer unless by mistake. And he who has slain a believer by mistake, his atonement is to set free from bondage a believing person and to pay blood-money to his heirs, unless they forgo it by way of charity. And if the slain belonged to a hostile people, but was a believer, then the atonement is to set free from bondage a believing person. And if the slain belonged to a (non-Muslim) people with whom you have a covenant, then the atonement is to pay the blood-money to his heirs, and to set free from bondage a believing person. But he who cannot (free a slave) should fast for two consecutive months. This is the penance ordained by Allah. Allah is All-Knowing, All-Wise.

It is not for a believer to take a believer's life except by mistake; and he who kills a believer by mistake should free a slave who is a believer, and pay blood-money to the victim's family unless they forego it as an act of charity. If he belonged to a community hostile to you but was himself a believer, then a slave who is a believer should be freed. In case he belonged to a people with whom you have a treaty, then give blood-money to his family and free a believing slave. But he who has no means (to do so) should fast for a period of two months continuously to have his sins forgiven by God, and God is all-knowing and all-wise.

It is not rightful for a Muslim to kill another Muslim, unless it occurs by mistake; and the one who mistakenly kills a Muslim must set free a Muslim slave and pay blood-money to the family of the slain, except if they forego it; and if the victim is of a people who are hostile to you, and the killer is a Muslim, then only the setting free of a Muslim slave (is obligatory); and if the victim is from a people between whom and you there is a treaty, then blood-money must be paid to his family and the setting free of a Muslim slave; therefore one who has no means must fast for two consecutive months; this is his penance before Allah; and Allah is All Knowing, Wise.

A believer may not kill another believer, unless it is by mistake. Anyone who kills a believer by mistake should set free a believing slave, and pay blood-money to his family, unless they remit it in charity. If he belongs to a people that are hostile to you but is a believer, then a believing slave is to be set free. And if he belongs to a people with whom you have a treaty, the blood-money is to be paid to his family and a believing slave is to be set free. He who cannot afford [to pay the blood-money], must fast two successive months as a penance from Allah, and Allah is all-knowing, all-wise.

Yet (be circumspect), it is not for a believer to kill another believer unless it be by mistake. He who has killed a believer by mistake must set free a believing slave, and pay blood-money to his family (legal heirs), unless they forgo it as a freewill offering. If he (the victim), while himself a believer, belonged to a people hostile to you (between whom and you there is no treaty), then (the expiation is to) set free a believing slave. If he (the victim) belonged to a (non-Muslim) people between whom and you there is a treaty, then (the expiation is to) pay blood-money to his heirs, and to set free a believing slave. But he who has no means (to make such expiation), must fast for two consecutive months – a penance from God (a way of repentance). God is All-Knowing (of everything including what is in your bosoms), All-Wise.

It is not befitting for a believer to kill another believer except (what happens) by mistake; and he who kills a believer by mistake let him set a believing captive of war free and pay blood-money to be handed over to the heirs of the deceased, unless they (- the heirs) forgo it as a free-will offering. But if he (- the slain) is a believer belonging to people hostile to you, then there is still only the (penance of) freeing a believing captive of war; and if he (- the slain) belongs to a people with whom you have a pact, then there is the payment of blood-money, to be handed over to his heirs and (also) the freeing of a believing captive of war; but he who does not find (the means to set free a captive of war,) shall fast two consecutive months, a method of penance (devised) by Allâh. And Allâh is All-Knowing, All-Wise.

And (it) was/is not to a believer that he kills a believer except mistakenly, and who killed a believer mistakenly, so freeing/liberating a believing neck (slave), and compensation handed over/delivered to his (the victim`s) family, except that they give charity (forgive), so if he was from a nation, an enemy for you, and he (the victim was) a believer, so freeing/liberating a believing neck (slave), and if he was/is from a nation between you and between them (is) a covenant (treaty), so a compensation handed over/delivered to his (the victim`s) family and freeing/liberating a believing neck (slave), so who does not find, so fasting two months following each other (E), a repentance from at God, and God was/is knowledgeable, wise/judicious.

It is not rightful for a Muslim to kill another Muslim, unless it occurs by mistake; and the one who mistakenly kills a Muslim must set free a Muslim slave and pay blood-money to the family of the slain, except if they forego it; and if the victim is of a people who are hostile to you, and the killer is a Muslim, then only the setting free of a Muslim slave (is obligatory); and if the victim is from a people between whom and you there is a treaty, then blood-money must be paid to his family and the setting free of a Muslim slave; therefore one who has no means must fast for two consecutive months; this is his penance before Allah; and Allah is All Knowing, Wise.

O you who believe! When you go forth in the way of Allah be discriminate, and do not say to him who offers you a salutation, "You art no believer," craving after the goods of this world´s life (wishing to exploit him), for with Allah are abundant spoils! Even so were you before until Allah was gracious to you. Therefore, be you discriminate; verily, Allah is well Informed of what you do.

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

You will find others who desire to be secure from you and secure from their own people. Whenever they are made to return to hostility, they are plunged into it. So if they withdraw not from you, nor offer you peace and restrain their hands, then seize them and kill them wherever you find them. And against these We have given you a clear authority.

And it does not behoove a believer to kill a believer except by mistake, and whoever kills a believer by mistake, he should free a believing slave, and blood-money should be paid to his people unless they remit it as alms; but if he be from a tribe hostile to you and he is a believer, the freeing of a believing slave (suffices), and if he is from a tribe between whom and you there is a convenant, the blood-money should be paid to his people along with the freeing of a believing slave; but he who cannot find (a slave) should fast for two months successively: a penance from Allah, and Allah is Knowing, Wise.

It is not for a believer to kill a believer unless (it be) by mistake. He who hath killed a believer by mistake must set free a believing slave, and pay the blood-money to the family of the slain, unless they remit it as a charity. If he (the victim) be of a people hostile unto you, and he is a believer, then (the penance is) to set free a believing slave. And if he cometh of a folk between whom and you there is a covenant, then the blood-money must be paid unto his folk and (also) a believing slave must be set free. And whoso hath not the wherewithal must fast two consecutive months. A penance from Allah. Allah is Knower, Wise.

A believer cannot slay another believer except by mistake for which the retaliation is to set free a believing slave and pay the appointed blood money to the relatives of the deceased unless the relatives wave aside the payment. If the person slain is from your enemies but himself is a believer, the penalty is to set free a believing slave. If the person slain is one of those with whom you have a peace treaty, the penalty is the same as that for a slain believer. If this is not possible, the defendant has to fast for two consecutive months, asking God to accept his repentance. He is All-knowing and All-wise.

It is not for a believer to kill another believer, except that it is by error. Whosoever kills a believer in error, let him free a believing slave, and ransom is to be handed to his family, unless they forgo being charitable. If he belonged to a people who are your enemies and is a believer then, the setting free of a believing slave. If he belonged to a people in which there is between you and them a treaty, then a ransom is to be handed to his family and the setting free of a believing slave. But, if he does not find (the means) let him fast two consecutive months in repentance to Allah. And Allah is the Knower, the Wise.

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

No believer should kill another believer, unless it be by mistake. Anyone who kills a believer by mistake should free a believing slave and pay blood money to the victim's relatives unless they forego it as an act of charity. If the victim belongs to a people at war with you, but is a believer, then the compensation is to free a believing slave. If he belongs to a people with whom you have a treaty, then blood-money should be handed over to his relatives and a believing slave set free. Anyone who lacks the means must fast for two consecutive months. Such is the penance imposed by God. God is all knowing and wise.

Never should a believer kill another believer, unless by error. Anyone who kills a believer by error must set free a believing slave, and pay compensation to the victim’s family, unless they remit it as charity. If the victim belonged to a people who are hostile to you, but is a believer, then the compensation is to free a believing slave. If he belonged to a people with whom you have a treaty, then compensation should be handed over to his family, and a believing slave set free. Anyone who lacks the means must fast for two consecutive months, by way of repentance to God. God is All-Knowing, Most Wise.

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

The Ruling Concerning Killing a Believer by Mistake

Allah said;

وَمَا كَانَ لِمُوْمِنٍ أَن يَقْتُلَ مُوْمِنًا إِلاَّ خَطَيًا



It is not for a believer to kill a believer except by mistake;

Allah states that the believer is not allowed to kill his believing brother under any circumstances.

In the Two Sahihs, it is recorded that Ibn Mas`ud said that the Messenger of Allah said,

لَاا يَحِلُّ دَمُ امْرِىءٍ مُسْلِمٍ يَشْهَدُ أَنْ لَاا إِلهَ إِلاَّ اللهُ وَأَنِّي رَسُولُ اللهِ إِلاَّ بِإِحْدَى ثَلَاثٍ

النَّفْسُ بِالنَّفْسِ

وَالثَّيِّبُ الزَّانِي

وَالتَّارِكُ لِدِينِهِ الْمُفَارِقُ لِلْجَمَاعَة

The blood of a Muslim who testifies that there is no deity worthy of worship except Allah and that I am the Messenger of Allah, is sacred, except in three instances. They are;

life for life,

the married adulterer,

and whoever reverts from the religion and abandons the Jama`ah (community of the faithful believers).

When one commits any of these three offenses, it is not up to ordinary citizens to kill him or her, because this is the responsibility of the Muslim Leader or his deputy.

Allah said,
إِلاَّ خَطَيًا
(except by mistake).

There is a difference of opinion concerning the reason behind revealing this part of the Ayah.

Mujahid and others said that;

it was revealed about Ayyash bin Abi Rabiah, Abu Jahl's half brother, from his mother's side, Asma' bint Makhrabah. Ayyash killed a man called Al-Harith bin Yazid Al-Amiri, out of revenge for torturing him and his brother because of their Islam. That man later embraced Islam and performed Hijrah, but Ayyash did not know this fact. On the Day of the Makkan conquest, Ayyash saw that man and thought that he was still a disbeliever, so he attacked and killed him. Later, Allah sent down this Ayah.

Abdur-Rahman bin Zayd bin Aslam said that;

this Ayah was revealed about Abu Ad-Darda' because he killed a man after he embraced the faith, just as Abu Ad-Darda' held the sword above him. When this matter was conveyed to the Messenger of Allah, Abu Ad-Darda' said, "He only said that to avert death."

The Prophet said to him,

هَلَّ شَقَقْتَ عَنْ قَلْبِه

Have you opened his heart?

The basis for this story is in the Sahih, but it is not about Abu Ad-Darda'.

Allah said,

وَمَن قَتَلَ مُوْمِنًا خَطَيًا فَتَحْرِيرُ رَقَبَةٍ مُّوْمِنَةٍ وَدِيَةٌ مُّسَلَّمَةٌ إِلَى أَهْلِهِ

and whosoever kills a believer by mistake, he must set free a believing slave and submit compensation (blood money) to the deceased's family.

thus, ordaining two requirements for murder by mistake.

The first requirement is the Kaffarah (fine) for the great sin that has been committed, even if it was a mistake. The Kaffarah is to free a Muslim slave, not a non-Muslim slave.

Imam Ahmad recorded that;

a man from the Ansar said that he brought a slave and said, "O Messenger of Allah! I have to free a believing slave, so if you see that this slave is a believer, I will free her."

The Messenger of Allah asked her,

أَتَشْهَدِينَ أَنْ لَا إِلهَ إِلاَّ اللهُ



Do you testify that there is no deity worthy of worship except Allah?

She said, "Yes."

He asked her,

أَتَشْهَدِينَ أَنِّي رَسُولُ اللهِ



Do you testify that I am the Messenger of Allah?

She said, "Yes."

He asked,

أَتُوْمِنِينَ بِالْبَعْثِ بَعْدَ الْمَوْتِ



Do you believe in Resurrection after death?

She said, "Yes."

The Prophet said,

أَعْتِقْهَا

Then free her.

This is an authentic chain of narration, and not knowing the name of the Ansari Companion does not lessen its authenticity.

Allah's statement,

وَدِيَةٌ مُّسَلَّمَةٌ إِلَى أَهْلِهِ

and submit compensation (blood money) to the deceased's family.

is the second obligation which involves the killer and the family of the deceased, who will receive blood money as compensation for their loss.

The compensation is only obligatory for the one who possesses one of five; as Imam Ahmad, and the Sunan compilers recorded from Ibn Mas`ud. He said;

"Allah's Messenger determined that the Diyah (blood money) for unintentional murder is twenty camels which entered their fourth year, twenty camels which entered their fifth year, twenty camels which entered their second year, and twenty camels which entered their third year."

This is the wording of An-Nasa'i.

This Diyah is required from the elders of the killer's tribe, not from his own money.

In the Two Sahihs, it is recorded that Abu Hurayrah said,

"Two women from Hudhayl quarreled and one of them threw a stone at the other and killed her and her unborn fetus. They disputed before the Messenger of Allah and he decided that the Diyah of the fetus should be to free a male or a female slave. He also decided that the Diyah of the deceased is required from the elders of the killer's tribe."

This Hadith indicates that in the case of what appears to be intentional murder, the Diyah is the same as that for killing by virtual mistake.

The former type requires three types of Diyah, just like intentional murder, because it is somewhat similar to intentional murder.

Al-Bukhari recorded in his Sahih that Abdullah bin Umar said,

"The Messenger of Allah sent Khalid bin Al-Walid to Banu Jadhimah and he called them to Islam, but they did not know how to say, `We became Muslims.'

They started saying, `Saba'na, Saba'na (we became Sabians).

Khalid started killing them, and when this news was conveyed to the Messenger of Allah, he raised his hands and said,

اللَّهُمَّ إِنِّي أَبْرَأُ إِلَيْكَ مِمَّا صَنَعَ خَالِد

O Allah! I declare my innocence before You of what Khalid did.

The Messenger sent Ali to pay the Diyah of those who were killed and to compensate for the property that was destroyed, to the extent of replacing the dog's bowl.

This Hadith indicates that the mistake of the Leader or his deputy (Khalid in this case) is paid from the Muslim Treasury.

Allah said,

إِلاَّ أَن يَصَّدَّقُواْ

unless they remit it,

meaning, the Diyah must be delivered to the family of the deceased, unless they forfeit their right, in which case the Diyah does not become necessary.

Allah's statement,

فَإِن كَانَ مِن قَوْمٍ عَدُوٍّ لَّكُمْ وَهُوَ مْوْمِنٌ فَتَحْرِيرُ رَقَبَةٍ مُّوْمِنَةٍ

If the deceased belonged to a people at war with you and he was a believer, the freeing of a believing slave (is prescribed);

means, if the murdered person was a believer, yet his family were combatant disbelievers, then they will receive no Diyah. In this case, the murderer only has to free a believing slave.

Allah's statement,

وَإِن كَانَ مِن قَوْمٍ بَيْنَكُمْ وَبَيْنَهُمْ مِّيثَاقٌ

and if he belonged to a people with whom you have a treaty of mutual alliance,

meaning, if the family of the deceased were from Ahl Adh-Dhimmah or with whom there is a peace treaty.

فَدِيَةٌ مُّسَلَّمَةٌ إِلَى أَهْلِهِ وَتَحْرِيرُ رَقَبَةٍ مُّوْمِنَةً

then compensation (blood money) must be paid to his family, and a believing slave must be freed.

then they deserve his Diyah; full Diyah if the deceased was a believer, in which case the killer is required to free a believing slave also.

فَمَن لَّمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ

And whoso finds this beyond his means, he must fast for two consecutive months.

without breaking the fast (in the days of) the two months. If he breaks the fast without justification, i.e. illness, menstruation, post-natal bleeding, then he has to start all over again.

Allah's statement,
.
تَوْبَةً مِّنَ اللّهِ

to seek repentance from Allah.

means, this is how the one who kills by mistake can repent, he fasts two consecutive months if he does not find a slave to free.

وَكَانَ اللّهُ عَلِيمًا حَكِيمًا



And Allah is Ever All-Knowing, All-Wise,

we mentioned the explanation of this before.
Warning Against Intentional Murder

After Allah mentioned the ruling of unintentional murder, He mentioned the ruling for intentional murder.

Allah said,

وَمَن يَقْتُلْ مُوْمِنًا مُّتَعَمِّدًا

فَجَزَاوُهُ جَهَنَّمُ خَالِدًا فِيهَا وَغَضِبَ اللّهُ عَلَيْهِ وَلَعَنَهُ وَأَعَدَّ لَهُ عَذَابًا عَظِيمًا