4. [an-Nisa, Medinah 92]

The Quranic Text & Ali’s Version:

وَمَا كَانَ لِمُؤْمِنٍ أَن يَقْتُلَ مُؤْمِنًا إِلاَّ خَطَئًا...   

4: 92.  Never should a believer kill a believer; but (if it so happens) by mistake, (compensation is due):

C611. Life is absolutely sacred in the Islamic Brotherhood. But mistakes will sometimes happen, as did happen in the melee at Uhud, when some Muslims were killed (being mistaken for the enemy) by Muslims. There was no guilty intention: therefore there was no murder. But all the same, the family of the deceased was entitled to compensation unless they freely remitted it, and in addition it was provided that the unfortunate man who made the mistake should free a believing slave.

Thus a deplorable mistake was made the occasion for winning the liberty of a slave who was a Believer, for Islam discountenances slavery.

The compensation could only be paid if the deceased belonged to a Muslim society or to some people at peace with the Muslim society.

Obviously it could not be paid if, though the deceased was a Believer, his people were at war with the Muslim society: even if his people could be reached, it is not fair to increase the resources of the enemy.

-        If the deceased was himself an enemy at war, obviously the laws of war justify his being killed in warfare unless he surrendered.

-        If the man who took life unintentionally has no means from which to free a believing slave or to give compensation, he must still by an act of strict self-denial (fasting for two whole months running) show that he is cognizant of the grave nature of the deed he has done and sincerely repentant.

I take this to apply to all three cases mentioned: that is, where a Believer killed a Believer unintentionally and the deceased

1.      belonged to the same community as you, or

2.      belonged to a community at war with you, or

3.      belonged to a community in alliance with you.

... وَمَن قَتَلَ مُؤْمِنًا خَطَئًا فَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةٍ ...

if one (so) kills a believer, it is ordained that he should free a believing slave,

... وَدِيَةٌ مُّسَلَّمَةٌ إِلَى أَهْلِهِ إِلاَّ أَن يَصَّدَّقُواْ...  

and pay compensation to the deceased's family, unless they remit it freely.

... فَإِن كَانَ مِن قَوْمٍ عَدُوٍّ لَّكُمْ وَهُوَ مْؤْمِنٌ فَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةٍ...  

If the deceased belonged to a people at war with you, and he was a believer, the freeing of a believing slave (is enough).

... وَإِن كَانَ مِن قَوْمٍ بَيْنَكُمْ وَبَيْنَهُمْ مِّيثَاقٌ فَدِيَةٌ مُّسَلَّمَةٌ إِلَى أَهْلِهِ وَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةً...  

If he belonged to a people with whom ye have a treaty of mutual alliance, compensation should be paid to his family, and a believing slave be freed.

... فَمَن لَّمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ تَوْبَةً مِّنَ اللّهِ...  

For those who find this beyond their means, (is prescribed) a fast for two months running: by way of repentance to Allah:

... وَكَانَ اللّهُ عَلِيمًا حَكِيمًا ﴿٩٢﴾

for Allah hath all knowledge and all wisdom.

Pickthall’s Version:

4: 92

Pickthall It is not for a believer to kill a believer unless (it be) by mistake. He who hath killed a believer by mistake must set free a believing slave, and pay the blood money to the family of the slain, unless they remit it as a charity. If he (the victim) be of a people hostile unto you, and he is a believer, then (the penance is) to set free a believing slave. And if he cometh of a folk between whom and you there is a covenant, then the blood money must be paid unto his folk and (also) a believing slave must be set free. And whoso hath not the wherewithal must fast two consecutive months. A penance from Allah. Allah is Knower, Wise.

Wa ma_ ka_na limu'minin ay yaqtula mu'minan illa_ khat'a_(n), wa man qatala mu'minan khata'an fa tahriru raqabatim mu'minah(Tin), wa in ka_na min qaumim bainakum wa bainahum misa_qun fadiyatum musallamatun ila_ ahlihi wa tahriru raqabatim mu'minah(tin), famal lam yajid fa siya_mu syahraini mutatabi'ain(i), taubatam minalla_h(i), wa ka_nalla_hu'aliman hakima_(n).

[[Ali’s note 611 Life is absolutely sacred in the Islamic Brotherhood. But mistakes will sometimes happen, as did happen in the melee at Uhud, when some Muslims were killed (being mistaken for the enemy) by Muslims. There was no guilty intention: therefore there was no murder. But all the same, the family of the deceased was entitled to compensation unless they freely remitted it, and in addition it was provided that the unfortunate man who made the mistake should free a believing slave. Thus a deplorable mistake was made the occasion for winning the liberty of a slave who was a Believer, for Islam discountenances slavery. The compensation could only be paid if the deceased belonged to a Muslim society or to some people at peace with the Muslim society. Obviously it could not be paid if, though the deceased was a Believer, his people were at war with the Muslim society: even if his people could be reached, it is not fair to increase the resources of the enemy. If the deceased was himself an enemy at war, obviously the laws of war justify his being killed in warfare unless he surrendered. If the man who took life unintentionally has no means from which to free a believing slave or to give compensation, he must still by an act of strict self-denial (fasting for two whole months running) show that he is cognizant of the grave nature of the deed he has done and sincerely repentant. I take this to apply to all three cases mentioned: that is, where a Believer killed a Believer unintentionally and the deceased (1) belonged to the same community as you, or (2) belonged to a community at war with you, or (3) belonged to a community in alliance with you. (4.92) ]]