الآية رقم (92) - وَمَا كَانَ لِمُؤْمِنٍ أَن يَقْتُلَ مُؤْمِنًا إِلاَّ خَطَئًا وَمَن قَتَلَ مُؤْمِنًا خَطَئًا فَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةٍ وَدِيَةٌ مُّسَلَّمَةٌ إِلَى أَهْلِهِ إِلاَّ أَن يَصَّدَّقُواْ فَإِن كَانَ مِن قَوْمٍ عَدُوٍّ لَّكُمْ وَهُوَ مْؤْمِنٌ فَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةٍ وَإِن كَانَ مِن قَوْمٍ بَيْنَكُمْ وَبَيْنَهُمْ مِّيثَاقٌ فَدِيَةٌ مُّسَلَّمَةٌ إِلَى أَهْلِهِ وَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةً فَمَن لَّمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ تَوْبَةً مِّنَ اللّهِ وَكَانَ اللّهُ عَلِيمًا حَكِيمًا

(92) - { And never is it for a believer to kill a believer except by mistake. And whoever kills a believer by mistake - then the freeing of a believing slave and a compensation payment presented to the deceased's family [is required] unless they give [up their right as] charity. But if the deceased was from a people at war with you and he was a believer - then [only] the freeing of a believing slave; and if he was from a people with whom you have a treaty - then a compensation payment presented to his family and the freeing of a believing slave. And whoever does not find [one or cannot afford to buy one] - then [instead], a fast for two months consecutively, [seeking] acceptance of repentance from Allah. And Allah is ever Knowing and Wise.}

( وَمَا كَانَ لِمُؤْمِنٍ أَن يَقْتُلَ مُؤْمِنًا إِلَّا خَطَأً ) (And never is it for a believer to kill a believer except by mistake. …): Never it is for a believer to kill intentionally, rather it is just by mistake, for example, if a man throws a stone on a tree and it falls on a man causing his death, this is a killing by mistake. Does this lead to a question: Is it allowed to kill the disbeliever intentionally? No, this is not the meaning. When the Holy Qur’an talks about the believers and there is a fighting with the disbelievers in Mecca and the other, the Holy Qur’an then gives a space for the legislations. First the Holy Qur’an says:

} مَن قَتَلَ نَفْسًا بِغَيْرِ نَفْسٍ أَوْ فَسَادٍ فِي الْأَرْضِ فَكَأَنَّمَا قَتَلَ النَّاسَ جَمِيعًا{

(whoever kills a soul unless for a soul or for corruption [done] in the land – it is as if he had slain mankind entirely.) (Al-Maida: 32)

   Here Allah (swt) mentions (a soul) and not a believer. The talk here is about the compensation, it is never allowed to kill a cat, so how about the human soul! This is a precise verse. The Prophet (saws) said:

“Verily your blood, your property and your honour are as sacred and inviolable as the sanctity of this day of yours, in this month of yours and in this town of yours. Verily! I have conveyed this message to you.”[1]

Accordingly, the blood is definitely sacred in the Book of Allah (swt), in which there is no own discretion whatsoever. So this verse is about the compensation in the case of the unintended killing.

( وَمَن قَتَلَ مُؤْمِنًا خَطَأً فَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةٍ وَدِيَةٌ مُّسَلَّمَةٌ إِلَىٰ أَهْلِهِ إِلَّا أَن يَصَّدَّقُوا ) (…And whoever kills a believer by mistake – then the freeing of a believing slave and a compensation payment presented to the deceased’s family [is required] unless they give [up their right as] charity. …): Freeing of a slave is a way to gradually end the slavery, which was at that time. This is in addition to a compensation payment, that has many details cannot be mentioned here. The compensation (Diyah) must be delivered to the family of the deceased, unless they forfeit their right, in which case the Diyah does not become necessary.

( فَإِن كَانَ مِن قَوْمٍ عَدُوٍّ لَّكُمْ وَهُوَ مُؤْمِنٌ فَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةٍ ) (…. But if the deceased was from a people at war with you and he was a believer – then [only] the freeing of a believing slave; …): if the murdered person was a believer, yet his family were combatant disbelievers, then they will receive no payment compensation. In this case, the murderer only has to free a believing slave.

( وَإِن كَانَ مِن قَوْمٍ بَيْنَكُمْ وَبَيْنَهُم مِّيثَاقٌ فَدِيَةٌ مُّسَلَّمَةٌ إِلَىٰ أَهْلِهِ وَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةٍ ) (…And if he was from a people with whom you have a treaty – then a compensation payment presented to his family and the freeing of a believing slave …): Meaning, if the deceased were from with whom there is a peace treaty, then they deserve his full payment compensation if the deceased was a believer, and the killer is required to free a believing slave also.

This is all to seek repentance from Allah (swt).

[1] Sahih al-Bukhari: Book of Hajj, Chapter of the Sermon on the Day of Mina, Hadith No. 1654.