Islam Guidance

Verse92

(92) وَمَا كَانَ لِمُؤْمِنٍ أَن يَقْتُلَ مُؤْمِنًا إِلاَّ خَطَئًا وَمَن قَتَلَ مُؤْمِنًا خَطَئًا فَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةٍ

وَدِيَةٌ مُّسَلَّمَةٌ إِلَى أَهْلِهِ إِلاَّ أَن يَصَّدَّقُواْ فَإِن كَانَ مِن قَوْمٍ عَدُوٍّ لَّكُمْ وَهُوَ مْؤْمِنٌ فَتَحْرِيرُ

ر َقَبَةٍ مُّؤْمِنَةٍ وَإِن كَانَ مِن قَوْمٍ بَيْنَكُمْ وَبَيْنَهُمْ مِّيثَاقٌ فَدِيَةٌ مُّسَلَّمَةٌ إِلَى أَهْلِهِ وَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةً

فَمَن لَّمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ تَوْبَةً مِّنَ اللّهِ وَكَانَ اللّهُ عَلِيمًا حَكِيمًا

Section 13
Murder and its Punishment
Murder of a believer unintentional and intentional - treating one as an enemy - Not to say anyone who offers peace that he is not a believer.
92. " And it is not for a believer to kill a believer except by mistake, and whoever kills a believer by mistake must set free a blieving slave, and pay the blood-money to the family of the slain unless they remit it as a freewill offering. But if he (the slain) is from a tribe hostile unto you, and he is a believer, then (the penance is) to set free a believing slave. And if he is from a tribe between whom and you there is a covenant. Then the blood-money must be paid to his family and (also) a believing slave must be set free. But he who finds not (the means) should fast two month, consecutively. (This is) a penance from Allah, and Allah is All-knowing, All-Wise."

Occasion of Revelation:
One of the idolators of Mecca called Harith-ibn-Yazid, assisted by 'Abujahl, had seriously been torturing a Muslim believer named 'Ayyash-ibn-'Abi-Rabi'ah for the guilt of believing in Islam for a length of time. After emigrating Muslims to Medina, 'Ayyash emigrated to Medina too.
It happened that one day he occasionally met his torturer in one of the quarters of the suburbs of Medina. Availing himself of the opportunity, he killed him. He thought he had slain an enemy of Islam while Harith, who was going toward the Prophet (p.b.u.h.) at that moment, had repented and embraced Islam. The circumstance was reported to the Prophet (p.b.u.h.) when the verse was revealed and stated the ordinance of the slaughter which had been done by mistake.
The Ordinances of Manslaughter
Since the previous verses contained a kind of freedom given to the Muslim to destroy the hypocrites and the dangerous interior enemies, in this verse and the following one, the ordinances of manstanghter and intentional murder have been stated in order that least some people misuse this law and, under the pretex of being hypocrite, take vengeance upon those with whom they have enmity. At first, it says:
" And it is not for a believer to kill a believer except by mistake,..."
Then, it has stated the forfeit and expiation of manslaughter in three processes:
The first status is that the person, who has been slain, belongs to a Muslim family. In this case, the man-slayer should do two duties:
1)He should set free a believing slave,
2) and pay the blood-money to the owners of the blood. The holy verse says:
"... and whoever kills a believer by mistake must set free a blieving slave, and pay the blood-money to the family of the slain..."
It should be done unless the family members of the slain remit it. It says:
"...unless they remit it as a freewill offering..."
The second status is that the believing slain belongs to a family who are the enemies of Muslims. In this case, the expiation of a manslaughter is only setting free a believing Muslim slove. It says:
"...But if he (the slain) is from a tribe hostile unto you, and he is a believer, then (the penance is) to set free a believing slave..."
It is not necessary to pay blood-money to a group that strengthening whose financial structure may be counted as a danger for Muslims. Besides that, Islam has ceased the relation of this person with his family, who are totally enemies of Islam. Thus, there is no room for indemnification.
The third status is that the members of the family of the slain are among the pagans who have covenant with the Muslims. In this case, to respect the covenant, besides setting free a believing Muslim slave, the blood-money of the slain must be paied to his family members. The verse says:
"...And if he is from a tribe between whom and you there is a covenant. then the blood-money must be paid to his family and (also) a believing slave must be set free..."
It seems here that the objective meaning of 'slain' is 'a believing slain'.
And, at the end of the verse, the speech is about those who have not any chance to set a slave free. That is, either they are not financially able, or there is not any slave found to be set free. It says:
"...But he who finds not (the means) should fast two months consecutively..."
And, it adds that this change of setting free a slave into two months of fasting is a kind of discount and penance from Allah, and Allah is always aware of all things and all His commands are based on Wisdom.
"...(This is) a penance from Allah, and Allah is All-knowing, All-Wise."

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