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.