Tafheem ul Quran

Surah 4 An-Nisa, Ayat 92-96

وَمَا كَانَ لِمُؤۡمِنٍ اَنۡ يَّقۡتُلَ مُؤۡمِنًا اِلَّا خَطَـئًا​ ۚ وَمَنۡ قَتَلَ مُؤۡمِنًا خَطَـئًا فَتَحۡرِيۡرُ رَقَبَةٍ مُّؤۡمِنَةٍ وَّدِيَةٌ مُّسَلَّمَةٌ اِلٰٓى اَهۡلِهٖۤ اِلَّاۤ اَنۡ يَّصَّدَّقُوۡا​ ؕ فَاِنۡ كَانَ مِنۡ قَوۡمٍ عَدُوٍّ لَّـكُمۡ وَهُوَ مُؤۡمِنٌ فَتَحۡرِيۡرُ رَقَبَةٍ مُّؤۡمِنَةٍ​ ؕ وَاِنۡ كَانَ مِنۡ قَوۡمٍۢ بَيۡنَكُمۡ وَبَيۡنَهُمۡ مِّيۡثَاقٌ فَدِيَةٌ مُّسَلَّمَةٌ اِلٰٓى اَهۡلِهٖ وَ تَحۡرِيۡرُ رَقَبَةٍ مُّؤۡمِنَةٍ​ ۚ فَمَنۡ لَّمۡ يَجِدۡ فَصِيَامُ شَهۡرَيۡنِ مُتَتَابِعَيۡنِ تَوۡبَةً مِّنَ اللّٰهِ​ ؕ وَكَانَ اللّٰهُ عَلِيۡمًا حَكِيۡمًا‏ ﴿4:92﴾ وَمَنۡ يَّقۡتُلۡ مُؤۡمِنًا مُّتَعَمِّدًا فَجَزَآؤُهٗ جَهَـنَّمُ خَالِدًا فِيۡهَا وَغَضِبَ اللّٰهُ عَلَيۡهِ وَلَعَنَهٗ وَاَعَدَّ لَهٗ عَذَابًا عَظِيۡمًا‏  ﴿4:93﴾ يٰۤـاَيُّهَا الَّذِيۡنَ اٰمَنُوۡۤا اِذَا ضَرَبۡتُمۡ فِىۡ سَبِيۡلِ اللّٰهِ فَتَبَـيَّـنُوۡا وَلَا تَقُوۡلُوۡا لِمَنۡ اَ لۡقٰٓى اِلَيۡكُمُ السَّلٰمَ لَسۡتَ مُؤۡمِنًا​ ۚ تَبۡـتَـغُوۡنَ عَرَضَ الۡحَيٰوةِ الدُّنۡيَا فَعِنۡدَ اللّٰهِ مَغَانِمُ كَثِيۡرَةٌ​ ؕ كَذٰلِكَ كُنۡتُمۡ مِّنۡ قَبۡلُ فَمَنَّ اللّٰهُ عَلَيۡكُمۡ فَتَبَـيَّـنُوۡا​ ؕ اِنَّ اللّٰهَ كَانَ بِمَا تَعۡمَلُوۡنَ خَبِيۡرًا‏ ﴿4:94﴾ لَا يَسۡتَوِى الۡقَاعِدُوۡنَ مِنَ الۡمُؤۡمِنِيۡنَ غَيۡرُ اُولِى الضَّرَرِ وَالۡمُجَاهِدُوۡنَ فِىۡ سَبِيۡلِ اللّٰهِ بِاَمۡوَالِهِمۡ وَاَنۡفُسِهِمۡ​ ؕ فَضَّلَ اللّٰهُ الۡمُجٰهِدِيۡنَ بِاَمۡوَالِهِمۡ وَاَنۡفُسِهِمۡ عَلَى الۡقٰعِدِيۡنَ دَرَجَةً​  ؕ وَكُلًّا وَّعَدَ اللّٰهُ الۡحُسۡنٰى​ؕ وَفَضَّلَ اللّٰهُ الۡمُجٰهِدِيۡنَ عَلَى الۡقٰعِدِيۡنَ اَجۡرًا عَظِيۡمًا ۙ‏ ﴿4:95﴾ دَرَجٰتٍ مِّنۡهُ وَمَغۡفِرَةً وَّرَحۡمَةً​ ؕ وَكَانَ اللّٰهُ غَفُوۡرًا رَّحِيۡمًا‏  ﴿4:96﴾

(4:92) It is not for a believer to slay another believer unless by mistake.120 And he who has slain a believer by mistake, his atonement is to set free from bondage a believing person121 and to pay blood-money to his heirs,122 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.123 But he who cannot (free a slave) should fast for two consecutive months.124 This is the penance ordained by Allah.125 Allah is All-Knowing, All-Wise. (4:93) And he who slays a believer wilfully his reward is Hell, where he will abide. Allah's wrath is against him and He has cast His curse upon him, and has prepared for him a great chastisement. (4:94) Believers! When you go forth in the way of Allah, discern (between friend and foe), and do not say to him who offers you the greeting of peace: 'You are not a believer.'126 If you seek the good of this worldly life, there lies with Allah abundant gain. After all, you too were such before, and then Allah was gracious to you.127 Discern, then, for Allah is well aware of what you do. (4:95) Those believers who sit at home, unless they do so out of a disabling injury, are not the equals of those who strive in the way of Allah with their possessions and their lives. Allah has exalted in rank those who strive with their possessions and their lives over those who sit at home; and though to each Allah has promised some good reward, He has preferred those who strive (in the way of Allah) over those who sit at home for a mighty reward.128 (4:96) For them are ranks, forgiveness, and favours from Him. Allah is All-Forgiving, All-Compassionate.

Notes

120. The hypocritical confessors of Islam mentioned here are distinct from those whom the Muslims may kill. The reference here is to Muslims who are either residents of the Domain of Islam (Dar al-Islam) or to those who live in the Domain of War or of Unbelief (Dar al-Harb or Dar al-Kufr) but against whom there is no proof of actual participation in the hostile activities with the enemies of Islam. In the time of the Prophet (peace be on him) there were many people who had embraced Islam and yet, because of genuine difficulties, were living among tribes hostile to Islam. It occasionally happened that, in attacking a hostile tribe, the Muslims inadvertently killed fellow Muslims living in its midst.

121. Since the person killed was a believer, expiation of the sin required the emancipation of a Muslim slave.

122. The Prophet (peace be on him) had fixed the blood-money at either 100 camels, 200 oxen or 2,000 head of cattle. If someone wished to pay this in another form the amount would be determined with reference to the market value of the articles mentioned above. For instance, for those who wished to pay blood-money in cash, the fixed amount in the time of the Prophet (peace be on him) was 800 dinars (8000 dirhams). In the time of Caliph 'Umar the amount of blood-money was fixed at 1000 golden dinars (12000 silver dirhams). It should be noted, however, that this amount relates to an unintentional rather than a deliberate homicide. (Regarding blood-money for unintentional homicide and injury see Abu Da'ud, 'Diyat', 14-17; Tirmidhi, 'Diyat', 1; Nasa'i, 'Qasamah', 34; Ibn Majah, 'Diyat', 6; Malik b. Anas, Muwatta', "Uqul', 4; Ahmad b. Hanbal, Musnad, vol. 1, pp. 384 and 450; vol. 2, pp. 178, 183, 186, 217, 224; vol. 4, p. 275. See also Ibn Rushd, Bidayat al-Mujtahid, vol. 2, pp. 401 ff. - Ed.)

123. The legal injunctions embodied in this verse are as follows:

(1) If the victim was a resident of the Domain of Islam (Dar al-Islam) the killer is not only required to pay blood-money but also to emancipate a slave by way of expiation.

(2) If the victim was a resident of the Domain of War (Dar al-Harb) the killer is only required to emancipate a slave.

(3) If the victim was a resident of a non-Muslim country which had treaty relations with an Islamic state the killer is required to emancipate a slave and also to pay blood-money. The amount of the blood-money, however, depends on the terms stipulated in the treaty between the Muslims and the territory of the victim. (See Jassas, vol. 2, pp. 238 f f. and 240 ff. - Ed.)

124. This means that he should observe fasting uninterrupted for the entire period. If a man breaks his fast for just one day without a legally valid reason he will be required to resume fasting anew.

125. This shows that what has been prescribed is an act of repentance and expiation rather than a penalty inflicted on a criminal. Penalization is essentially devoid of the spirit of repentance and of the urge to self-reform. A penalty is suffered under duress, usually with resentment, and leaves behind repugnance and bitterness. On the contrary, what God wants is that the believer who has committed a sin should wash the stain of it from his soul by supererogatory worship, by acts of charity, and by a meticulous fulfilment of all the duties incumbent upon him. Such a person is required to turn to God in remorse and repentance so that his sin may be pardoned and his soul secured against the recurrence of similar errors.

The word kaffarah signifies that which either covers or hides something. To declare that certain acts of charity constitute kaffarah means that those acts overlay the sin and cover it up, just as stains on a wall are covered up when it is painted.

126.In the early days of Islam the greeting as-salam 'alaykum ('peace be on you') was a distinguishing symbol of the Muslims. When a Muslim greeted another Muslim with this expression it signified that he was a member of the same community, that he was a friend and well-wisher, one who wished peace and security, from whom he need entertain no fear of hostility and towards whom, in return, he should not behave with hostility. The Islamic greeting occupied virtually the same position among Muslims as the passwords used by sentries to distinguish friend from foe. This was particularly important in those days because there were no distinctions in dress, language and so on by which Muslims could be conclusively marked off from their non-Muslim Arab compatriots.

The Muslims also encountered a strange problem on the battlefield. Whenever a Muslim was in danger of being harmed inadvertently by other Muslims during the fighting, he resorted to either the Islamic greeting (as-salam 'alaykum) or the Islamic creed There is no god save Allah' (ili-Jl^y) in order to indicate that he was their brother-in-faith. The Muslims, however, often suspected this to be merely a ruse of the enemy and therefore sometimes disregarded the utterance of the Islamic greeting or of the Islamic creed, and killed such people and seized their belongings as booty. Although whenever the Prophet (peace be on him) came to know of such incidents, he severely reproached the people concerned, it, nevertheless, continued to take place. In the end God solved the problem by revelation. The purport of the verse is that no one has the right summarily to judge those who profess to be Muslims, and assume them to be lying for fear of their lives. At least two possibilities exist: the claim may either be true or it may be false. The truth can only be ascertained by proper investigation. While it is impossible to investigate a person's case properly during fighting and this may enable him to save his life by lying, it is equally possible that an innocent, true believer might be put to death by mistake. The error of letting an unbeliever go unpunished is preferable to that of killing a true believer.

127.The Muslims are now told that there was a time when they were scattered among different tribes of unbelievers. They were, therefore, forced to conceal the fact of being Muslims since they feared that they would be subjected to persecution and hardship. In those days they had nothing else besides their verbal profession to testify to their faith. Later on, some time before these verses were revealed, God benevolently enabled the Muslims to develop a collective entity of their own and thus to raise the banner of Islam in the face of strong opposition from the unbelievers. That the Muslims should fail to appreciate the hardships which other Muslims were enduring, and which they themselves had endured until not long before, and not to treat them with consideration and forbearance, did not seem an adequate way of thanking God for His benevolence.

128. "Those who sit at home' (i.e. remain passive) does not refer either to those who had been ordered to fight but tried to look for excuses not to fight or to those who were individually obliged to take part in fighting because of the general summons of Jihad (fight in the cause of God) and yet shirked this duty. The reference here is to those who remained engrossed in personal concerns at a time when Jihad had become a collective obligation (fard bi al-kifayah). In the first case the person who fails to fight can only be a hypocrite, and God holds out no good promise for such a person unless there is good reason, for example, genuine disability. In the second case, however, what is required is the mobilization of a part rather than the entire military strength of the Islamic community. In such cases, if the recognized head (imam) of the Islamic community summons the people to come forward and undertake the expedition concerned, those who respond to that call are reckoned to be of superior merit to those who remain occupied with other pursuits however meritorious.

Fard bi al-kifayah signifies a collective duty of the Muslim community so that if some people carry it out no Muslim is considered blameworthy; but if no one carries it out all incur a collective guilt - Ed.