(92) “It is not for a believer to kill a believer except by mistake. Whoever kills a believer by mistake must free a believing slave and pay blood money to the victim’s family, unless they waive it as charity. If the victim was a believer belonging to a 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 a believing slave freed. Whoever lacks the means must fast for two consecutive months—a repentance from Allah. Allah is All-Knowing, All-Wise.”
This form of expression denotes impossibility: it is inconceivable and impossible that a believer would kill another believer—that is, deliberately. This declares how severely prohibited it is and how utterly incompatible it is with faith. Such an act proceeds only from a disbeliever or from a sinner whose faith has been gravely diminished and for whom something still graver is feared. Genuine faith prevents a believer from killing his brother, with whom Allah has established the bond of faith. This bond requires him to love and support his brother and to remove whatever harm befalls him—and what harm could be worse than killing? This is confirmed by the Prophet’s words—peace and blessings be upon him: “Do not revert after me to disbelievers, striking one another’s necks.” ⦗193⦘
It is thus known that killing constitutes practical disbelief and is among the gravest major sins after associating partners with Allah. The words, “It is not for a believer to kill a believer,” are general and apply to every circumstance, indicating that a believer must not kill his brother in any manner whatsoever. Allah Most High therefore excepted accidental killing, saying, “except by mistake.” A person who causes death by mistake, without intending to kill, is neither sinful nor one who has dared to violate Allah’s sacred limits. Nevertheless, because he has committed a dreadful act whose very form is sufficiently abhorrent even though he did not intend it, Allah Most High commanded expiation and blood money. He therefore says, “Whoever kills a believer by mistake.” This applies whether the killer is male or female, free or enslaved, young or old, sane or insane, Muslim or disbeliever, as conveyed by the general expression “whoever.” This is one of the subtleties behind its use here. The context might otherwise have called for the words, “If he kills him,” but that wording would not encompass all that “whoever” encompasses.
Likewise, the victim may be male or female, young or old, as indicated by the indefinite wording in a conditional context. The killer must therefore “free a believing slave” as expiation, paid for from his own property. According to some scholars, this includes a slave who is young or old, male or female, sound or disabled.
Wisdom, however, dictates that freeing a disabled slave does not suffice as expiation. The purpose of emancipation is to benefit the person freed and give him control over his own services. If freeing him would leave him neglected, while remaining enslaved would be more beneficial to him, his emancipation does not suffice. The words “free a slave” themselves also indicate this, for emancipation means transferring to a person the services to which another had been entitled. If he has no capacity from which benefit may be derived, emancipation in this sense cannot be conceived. Reflect upon this, for it is clear.
As for the blood money, in cases of accidental and quasi-intentional killing it is due from the killer’s male agnatic relatives. It is to be “paid to the victim’s family” as consolation for their hearts. His “family” here means his heirs, for heirs inherit whatever the deceased leaves, and the blood money forms part of his estate. Blood money is subject to many further details mentioned in works of jurisprudence.
His words, “unless they waive it as charity,” mean that the victim’s heirs relinquish the blood money by pardoning the killer, in which case it is waived. This encourages them to pardon, because Allah calls it charity, and charity is desirable at all times.
“If the victim” belonged “to a people at war with you”—that is, to hostile disbelievers—“but was a believer, then a believing slave must be freed.” This means that no blood money is due from you to his family, because their lives and property possess no legal inviolability.
“If” the victim “belonged to a people with whom you have a treaty, then blood money must be paid to his family and a believing slave freed.” This is because his family possesses legal inviolability by virtue of their covenant and treaty.
“Whoever lacks” a slave or the price of one because he cannot afford it—having nothing beyond his maintenance and essential needs sufficient to obtain a slave—“must fast for two consecutive months.” That is, he must not break the fast during those months without an excuse. If he breaks it for a valid excuse, such as illness, menstruation, or the like, the continuity is not interrupted. If he breaks it without a valid excuse, however, the continuity is broken and he must begin the fast anew.
“A repentance from Allah” means that these expiations which Allah has imposed upon the killer are an acceptance of repentance from Allah toward His servants, a mercy to them, and an expiation for any negligence or lack of caution that may have occurred on their part—as frequently happens in accidental killing.
“Allah is All-Knowing, All-Wise.” That is, He is perfect in knowledge and perfect in wisdom. Not even an atom’s weight in the earth or heaven is hidden from Him, nor anything smaller or greater, at any time or in any place.
Nothing among created beings or revealed laws falls outside His wisdom. Rather, everything He creates and legislates embodies the utmost wisdom. It is from His knowledge and wisdom that He imposed upon the killer an expiation suited to what he had done. The killer caused a legally inviolable soul to perish, bringing it from existence into nonexistence. It was therefore fitting that he free a slave, bringing that person out of bondage to created beings and into complete freedom. If he cannot find a slave, he must fast for two consecutive months, thereby bringing himself out of bondage to appetites and physical pleasures—which cut a servant off from eternal happiness—and into worship of Allah Most High by relinquishing them to draw nearer to Him.
Allah Most High extended the fast to this lengthy period, making it arduous both in the number of days and in the requirement that they be consecutive. He did not prescribe providing food in this case because it would not be suitably related to the offense, unlike the repudiatory comparison known as zihār, as will be discussed, Allah Most High willing.
It is also from His wisdom that He imposed blood money for killing even when it was accidental, so that it would deter and prevent much killing by prompting people to employ safeguards against it.
It is also from His wisdom that the male agnatic relatives are unanimously required by the scholars to pay the blood money for accidental killing. Since the killer did not sin, it would be unduly burdensome for him to bear this enormous payment. It was therefore fitting that it be borne by those bound to him through mutual cooperation, support, assistance in securing benefits, and prevention of harm. [This may also be one reason they restrain the person on whose behalf they bear blood money from killing, lest they be burdened with it] (1). The burden is lightened for them (2) by being distributed among them according to their circumstances and capacities. It is further eased by allowing them to pay it over three years.
It is also from His wisdom and knowledge that He consoles the victim’s family for their calamity through the blood money He has imposed upon the killer’s responsible relatives.