An-Nisa’ 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.
An-Nisa’ Verses 92 – 96
وَمَا كَانَ لِمُؤْمِنٍ أَنْ يَقْتُلَ مُؤْمِنًا إِلَّا خَطَأً وَمَنْ قَتَلَ مُؤْمِنًا خَطَأً فَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍ وَدِيَةٌ مُسَلَّمَةٌ إِلَىٰ أَهْلِهِ إِلَّا أَنْ يَصَّدَّقُوا فَإِنْ كَانَ مِنْ قَوْمٍ عَدُوٍّ لَكُمْ وَهُوَ مُؤْمِنٌ فَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍ وَإِنْ كَانَ مِنْ قَوْمٍ بَيْنَكُمْ وَبَيْنَهُمْ مِيثَاقٌ فَدِيَةٌ مُسَلَّمَةٌ إِلَىٰ أَهْلِهِ وَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍ فَمَنْ لَمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ تَوْبَةً مِنَ اللَّهِ وَكَانَ اللَّهُ عَلِيمًا حَكِيمًا
“A believer killeth1not a believer except (it happens) by mistake and whoso killeth a believer by mischance, should (set) free a believer-slave and blood-money should be paid to his people unless they remit it as alms; but if he be from a tribe hostile unto you and he be a believer, the freeing of a believer slave (suffices); and if he be from a tribe between whom and you there is a covenant, the blood money should be paid to his people along with the freeing of a believer-slave; but he who findeth not (means) to do this, should fast for two months consecutively (as) a penance from God; and God is All-Knowing, All-Wise.” (4:92)
وَمَنْ يَقْتُلْ مُؤْمِنًا مُتَعَمِّدًا فَجَزَاؤُهُ جَهَنَّمُ خَالِدًا فِيهَا وَغَضِبَ اللَّهُ عَلَيْهِ وَلَعَنَهُ وَأَعَدَّ لَهُ عَذَابًا عَظِيمًا
“And whosoever killeth a believer intentionally, his recompense shall be Hell, he shall abide therein and God’s wrath shall be on him and His curse, and (there) is prepared for him a great torment2.” (4:93)
يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا ضَرَبْتُمْ فِي سَبِيلِ اللَّهِ فَتَبَيَّنُوا وَلَا تَقُولُوا لِمَنْ أَلْقَىٰ إِلَيْكُمُ السَّلَامَ لَسْتَ مُؤْمِنًا تَبْتَغُونَ عَرَضَ الْحَيَاةِ الدُّنْيَا فَعِنْدَ اللَّهِ مَغَانِمُ كَثِيرَةٌ كَذَٰلِكَ كُنْتُمْ مِنْ قَبْلُ فَمَنَّ اللَّهُ عَلَيْكُمْ فَتَبَيَّنُوا إِنَّ اللَّهَ كَانَ بِمَا تَعْمَلُونَ خَبِيرًا
“O’ ye who believe! when ye march forth (to fight) in the way of God discriminate ye (carefully) discern, and say ye not to anyone who offereth you salutation3(peace) “thou art not a believer;” coveting the chance goods of (this) worldly life (whereas) with God are plenteous4gains; Even thus, (as he is now) were ye (yourselves) before, but God conferred (His) grace on you; therefore discern ye (carefully); Verily God is All-Aware of what (all) ye do5.” (4:94)
لَا يَسْتَوِي الْقَاعِدُونَ مِنَ الْمُؤْمِنِينَ غَيْرُ أُولِي الضَّرَرِ وَالْمُجَاهِدُونَ فِي سَبِيلِ اللَّهِ بِأَمْوَالِهِمْ وَأَنْفُسِهِمْ فَضَّلَ اللَّهُ الْمُجَاهِدِينَ بِأَمْوَالِهِمْ وَأَنْفُسِهِمْ عَلَى الْقَاعِدِينَ دَرَجَةً وَكُلًّا وَعَدَ اللَّهُ الْحُسْنَىٰ وَفَضَّلَ اللَّهُ الْمُجَاهِدِينَ عَلَى الْقَاعِدِينَ أَجْرًا عَظِيمًا
“Not equal are those of the believers who sit (holding hack) other than those hurt6, and those who strive in the way of God with their wealth and their selves (lives); God hath raised the strivers with their wealth and selves (lives), in rank above those sit ting (holding back); Unto all (in faith) God hath promised good; but those who strive, He hath distinguished7above those who sit (holding back) (by) a great recompense.” (4:95)
دَرَجَاتٍ مِنْهُ وَمَغْفِرَةً وَرَحْمَةً وَكَانَ اللَّهُ غَفُورًا رَحِيمًا
“Ranks (High) (assigned) by Him and pardon and Mercy; for God is Oft-Forgiving, All- Merciful.” (4:96)
Commentary
Verse 92
Ayash Ibn Rabiah had embraced Islam even before the migration ‘Hijrat’ but being afraid of his relatives who were still terrible infidels, could not disclose his faith in Islam. On getting an opportunity he left Mecca by night and marched towards Madina where the Holy Prophet had migrated to settle there. Ayash’s mother became restless and made a vow neither to go under any shelter or to take any food or drink until she sees her son, Ayash. Abu Jehl and Harith who were the step brothers of Ayash through his mother, went after Ayash and found him reaching Madina, and somehow influenced Ayash to return to Mecca and promised to see that he was no chastised by the people for deserting them. As Ayash returned to Mecca these two men handed him over to the people who inflicted hundred whips upon him and Ayash with his hands and legs tightly tied was thrown on the burning sand and was asked to give up Islam and re-embrace idolatry.
At last, when the tortures were unbearable Ayash just to rescue himself from the unbearable miseries, uttered what he was dictated by the heathens to do. When he was relieved of the infliction Harith taunted him saying that if Islam was a true faith, he has discarded it and if it was a false creed why did he ever adopt it. Ayash made a vow to kill Harith when he gets an opportunity to wreak his vengeance. Somehow Ayash escaped from Mecca and reaching Madina re-embraced Islam. Later Harith also came to Madina and adopted Islam, but Ayash did not know this. Once seeing Harith alone Ayash killed him. The Muslims in Madina condemned Ayash for killing a believer (i.e., a Muslim). Ayash got ashamed and repentant and went to the Holy Prophet and reported what he had done without knowing Harith’s embracing the faith. This verse was revealed. (M.S., F.A., U.B.)
Some translators have taken ‘ma kaana’ to signify as ‘unlawful’ in which case the exception becomes ‘monqate, i.e., isolated i.e., not included in its antecedents. Hence the clause has been translated following the expression in 27:60 since the exception remains real and the sentence gets more emphatic meaning impossibility of the act on the part of the believer. (A.P.)
Verse 93
Commentators say that this verse was revealed at the murder of Hisham. The warding of the verse is of a law fixed for the murder of a believer. The question arises here, that when the punishment for the murder of an ordinary believer is the permanent abode in the Hell and the curse of God along with a grievous chastisement. What shall reasonably be the punishment for the murder of an Imam, a divinely chosen and commissioned deputy of the Holy Prophet, i.e., a heavenly guide. Logically the murder of a deputy or the apostolic successor of the Holy Prophet cannot be but the murder of the Holy Prophet himself. Let the reader of the Verse, himself judge what could be the position of the murderers of the Holy Imams, and particularly those who the wholesale massacre of the Holy Imam Husayn with the band of the godly men of his camp, who were butchered mercilessly on the plain of Karbala.
This passage supports our translation of ‘Wama Kaana leMu’minin’ in Verse 4:92, punishment so severe which means that the murderer is not considered to be a ‘Mu’min’, i.e., the faithful one. (A.P.)
Verse 94
This Verse was revealed on the occasion of Osama Ibn Zaid’s killing a man in spite of his salutations to the Muslims and expressing his faith in Islam. This verse clearly speaks of the strict discretion that the Muslims are commended to use even when at a war with their enemies. Indiscriminate slaughter of one and all based upon mere suspicion, is strictly forbidden.
This was revealed when the Holy Prophet sent an expedition, and they met a new convert who was grazing his herd, and he saluted the men in the Islamic way and the people of the expedition pretending not to believe in his being a Muslim or actually not knowing the fact killed him and took possession of his herd. These, according to this revelation might be excused, but what about those Muslims who killed Muslims for worldly gains throughout the history of the Muslims beginning with the murder of ‘Maalik Ibn Nowaira’ and went on murdering more and more to the extent of a brother killing his brother and son killing his father when the swords, the bullets and the bayonets of the Muslims were used against their brother Muslims for worldly gains. (A.P.)
Verse 95
This verse was revealed when some people viz. Kab Ibn Malik, Ravah Ibn Rabi, Hilal Ibn Omiah, stayed behind in Madina and did not join the defensive expedition of Tabuk and Abdullah Ibn Maktoom availed of the fake excuse of his being weak in sight.
Ar. ‘Darajah’ an Adv. - not a second object of ‘Fadhdhala’ but an adverbial position specifying the rise or the distinction in degree. Therefore, it should not be taken as a degree or a rank. It should be in rank or in degree. Otherwise, it would not be consistent with the objective ‘Azeeman’ in the end of this passage and of the subsequent one. (A.P.)
Verse 96
Some people viz. Qais Ibn Faheh and Qias Ibn Walid, inspite of their ability to migrate from Mecca stayed there and when the infidels of the Quraish attacked the Muslims at Badr these people joined the enemies and were killed in the battle. This verse refers to the conduct, of such men.
- 1. Some translators have taken ‘Ma Kaana’ to signify as unlawful in which case the exception gets ‘Monqate’-isolated i.e., not including its antecedent Hence the clause has been translated following the expression in 27:60, since the exception remains real, and the Sentence gets more emphatic - meaning impossibility of the act on the part of the believer AP
- 2. This passage supports the translation ‘Wama Kaanu lemomin’ in Verse 4:92 Punishment is so severe which means that the murderer is not considered to be a Mu’min (faithful one).
- 3. Peace i.e., the Islamic Salutation-or any expression indicating his being a Muslim.
- 4. Abundant.
- 5. Refer to Verse 4:86.
- 6. Having no injury.
- 7. as high in rank.