Lesson # 540 - Penalty of Unknowingly Murder

Lesson # 540 From Holy Qur’an

Penalty of Unknowingly Murder

Surah Nisaaa’ (Women) – Chapter – 4)

Verses –92 & 93 of 176, Section – 13/24 (Part – 5)

92.  It is not for a believer to kill a believer unless (it be) by mistake. And 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. And Allah is Knower, Wise. 93.  whoso slayeth a believer intentionally his reward is Hell wherein he will abide for ever and Allah is wroth against him and He hath cursed him and prepared for him an awful doom.

92.  Wa  maa  kaana  li-Mu’-mi-nin  ‘any-yaqtula  Mu’-minan  ‘illaa  khata-‘aa.  Wa  man  qatala  Mu’-minan  khata-‘an  fatah-riiru  raqabatim-Mu’-minatinw-wa  di-yatum-musalla-matun  ‘ilaaa  ‘ahlihiii  ‘illaaa  ‘any-yas-saddaquu.  Fa-‘in  kaana  min- qawmin  ‘aduwwil-lakum  wa huwa  Mu’-minun-   fatah-riiru  raqaba-tim-Mu’-minah.  Wa  ‘in  kaana  min  qawmim-bayna-kum  wa  baynahum-mii-saaqun-  fa-diyatum-musalla-matun  ‘ilaaa  ‘ahlihiii  wa  tah-riiru  raqa-batim-Mu’-minah.  Famallam  yajid  fa-Siyaamu  shah-rayni  mutataa-bi-‘ayn;  tawbatam-minAllaah.  Wa  kaanAllaahu  ‘Aliiman  Hakiimaa.  93.  Wa  many-yaqtul  Mu’-minam- muta-‘ammidan-  fa-jazaaa-‘uhuu   Jahannamu  khaalidan-  fiihaa  wa  gazibAllaahu  ‘alayhi  wa  la-‘anahuu  wa  ‘a-‘adda  lahuu  ‘azaaban  ‘aziimaa.

                                                       

      

Lesson

Tah-riiru  - (to set free), its origin is hur and plural ‘ahraar. Hur means ‘free, independent’.

Raqa-bati – (neck), here aim of this word is ‘slave’, because slave’s neck remains in his master’s hands.

Di-yatun – (blood-money), that is to say; the amount or part of wealth which is paid to the family of the slain person.

Yas-saddaquu  - (they remit, exempt), the word is from sadaqah, which means charity. Its object is that if the heirs of the killed person forgive the killer and do not get blood-money from him, then it will be charity from them.

Shah-rayni  mutataa-bi-‘ayn – (two consecutive months), it aims that no day should be left without fast within two months.

Muta-‘ammidan – (intentionally), it has been derived from the word ‘amada, which means ‘intention, attempt, willing. Qatli-‘amad means willful murder or homicide, because punishment of unknowingly murder is different from this type of killing.

Heretofore, the Muslims were instructed to fight against mischievous and treacherous hypocrites, and it is possible in the war that any Muslim is slain erroneously or unknowingly. So punishment of this type of murder was mentioned.

It was commanded, “It cannot be expected from a Muslim that he will slaughter any other Muslim intentionally. However, if it has been done so erroneously, then it should be observed:

·       Is the Muslim from one’s own nation and country?

·       Does he belong to any other such nation or country, who are not Muslims but a treaty has been agreed mutually with you?

·       Did he come from such infidel nation with whom you do not have any agreement of peace, but both are enemies of each other and fighting war?

If the slain person is from own folk, then the killer will set free a Muslim slave and pay the blood-money to the heirs of the slain. If he was from the nation, with whom you have agreement not to fight, then also you will set free any Muslim slave and pay the blood-money to his infidel heirs. If he belonged to the enemy nation, then you would have to set free a Muslim slave. In this case paying the blood-money is not necessary.

If the killer is poor, neither he has any slave or bond-woman to set free, and nor has wealth for paying blood-money, then he should fast for two consecutive months without vacant. Then his repentance will be acceptable because this is not such a crime which may be forgiven so easily. Suffer upon your own body as penance of murder and fast two consecutive months without leaving any day beside fasting, if you do not have wherewithal (blood-money) to spend. 

In the next verse, punishment for that believer has been described, who kills any other believer intentionally and voluntarily. This is the crime from which nobody can get rid of through penance. Its punishment will be given on the Doomsday. The killer will be thrown in the Fire of Hell. He will abide there forever. The Curse and wroth of Allaah Almighty is upon him. He has prepared for him an awful doom. This torment is separate from that punishment which will be suffered by him in the world i.e. taking kisaas (blood-money) from him. The command regarding retaliation (Kisaas) has passed in Surah Al-Baqarah (Chapter: The Cow).  

Transliterated Holy Qur’an in Roman Script & Translated from Arabic to English by Marmaduke Pickthall, Published by Paak Company, 17-Urdu Bazar, Lahore, Lesson collected from Dars e Qur’an published By Idara Islaah wa Tableegh, Lahore (translated Urdu to English  by Muhammad Sharif).