وَالْمُحْصَنَاتُ 186 النِّســاء

وَمَا كَانَ لِمُؤْمِنٍ أَنْ يَقْتُلَ مُؤْمِنًا إِلَّا خَطَأً وَمَنْ قَتَلَ مُؤْمِنًا خَطَأً فَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍ وَدِيَةٌ مُسَلَّمَةٌ إِلَى أَهْلِهِ إِلَّا أَنْ يَصَّدَّقُوا فَإِنْ كَانَ مِنْ قَوْمٍ عَدُوٍّ لَكُمْ وَهُوَ مُؤْمِنٌ فَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍ وَإِنْ كَانَ مِنْ قَوْمٍ بَيْنَكُمْ وَبَيْنَهُمْ مِيثَاقٌ فَدِيَةٌ مُسَلَّمَةٌ إِلَى أَهْلِهِ وَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍ فَمَنْ لَمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ تَوْبَةً مِنَ اللَّهِ وَكَانَ اللَّهُ عَلِيمًا حَكِيمًا ﴿۹۲﴾ وَمَنْ يَقْتُلْ مُؤْمِنًا مُتَعَمِّدًا فَجَزَاؤُهُ جَهَنَّمُ خَالِدًا فِيهَا وَغَضِبَ اللَّهُ عَلَيْهِ وَلَعَنَهُ وَأَعَدَّ لَهُ عَذَابًا عَظِيمًا ﴿۹۳﴾

﴾92﴿ Wa maa kaana limu'minin ai yaqtula mu'minan illaa khata'aa; waman qatala mu'minan khata'an fa tahreeru raqabatim mu'minatinw wa diyatum musallamatun ilaaa ahliheee illaaa ai yassaddaqoo; fa in kaana min qawmin 'aduwwil lakum wa huwa mu'minun fa tahreeru raqabatim mu'minah; wa in kaana min qawmim bainakum wa bainahum meesaaqun fadiyatum musallamatun ilaaa ahlihee wa tahreeru raqabatim mu'minah; famal lam yajid fa Siyaamu shahraini mutataabi'aini tawbatan minal laah; wa kaanal laahu 'Aleeman hakeemaa
﴾93﴿ Wa mai yaqtul mu'minam muta'ammidan fajazaaa'uhoo Jahannamu khaalidan feehaa wa ghadibal laahu' alaihi wa la'anahoo wa a'adda lahoo 'azaaban 'azeemaa

﴾92﴿ It is not permissible for a believer to kill another believer, except by mistake (so listen to the ruling for that).
And whoever kills a believer by mistake, then it is required of him to free a believing slave and to pay blood money (diyah) to the family of the deceased, unless they remit it as charity.
But if the deceased was from a people who are enemies to you, while he was a believer, then the obligation is to free a believing slave (no diyah is paid).
And if the deceased was from a people between whom and you there is a treaty, then diyah must be paid to his family, and a believing slave must be freed.
And whoever does not find (a slave to free), then it is required of him to fast for two consecutive months—an ease from Allah.
And Allah is All-Knowing, All-Wise.
﴾93﴿ And whoever kills a believer intentionally, his recompense is Hell, where he will remain for a long time.
And Allah’s anger and curse are upon him, and He has prepared for him a tremendous punishment.

[92] From here begins the third section, in which the remaining six rulings of governance are mentioned—so this is the fourth ruling, concerning unintentional killing.
For example, when a weapon is displayed or fired into the air and hits someone, causing their death, or when a person is killed under the assumption that he is an enemy combatant, but he is actually a believer.
Because of the victim’s Islam, a right of Allah becomes obligatory upon the killer—this is the expiation (kaffarah), and it is an act of devotion, not because of sin, as there is no sin in unintentional killing.
Because the killing took place in the abode of Islam, blood money (diyah) is required.
The diyah is the right of the Muslim heirs, or of the dhimmi’s family, and it must be paid by the killer’s relatives; if they cannot afford it, it is required from the killer himself, and if he cannot afford it, then it is paid from the public treasury (bayt al-mal).
The diyah is about 2,040 tolahs of silver, or its current value, paid over three years—or 40 camels.
“illa khata’an” (except by mistake) is a disconnected exception.
“illa an yassaddaqu” (unless they remit it as charity) is an encouragement to forgive and waive the diyah, as this is charity.
“‘aduwwin lakum” (an enemy to you) refers to a disbeliever at war with you.
“Tawbah min Allah” (repentance from Allah) means lightening and easing of the ruling—it does not mean repentance from sin, because there is no sin in unintentional killing.
[93] Intentional murder is a major sin, and five punishments are mentioned for it.
Whoever considers it lawful is a disbeliever, so this verse refers to the one who regards it as permissible, or the meaning of “khalidan” (“abiding forever”) is that he will remain in punishment for a very long time.