Bukhari

Hadith Commentary:
Without just cause, the unlawful shedding of any human’s blood is a grave sin.
The Noble Qur’an has declared such bloodthirsty individuals as the murderers of all humanity and has described them as great corrupters and criminals. Then, if this unlawful blood is that of a believing Muslim, the Qur’an has declared such a murderer to be an eternal inhabitant of Hell, which, in Qur’anic terminology, is the gravest and ultimate punishment.
According to this very verse, Ibn Abbas (radi Allahu anhu) held the view that the repentance of a murderer of a believer is not accepted.
However, in Surah al-Furqan, under the verse:
﴿ إِلَّا مَنْ تَابَ وَآمَنَ وَعَمِلَ عَمَلًا صَالِحًا ﴾ (al-Furqan: 70)
the majority are of the opinion that his repentance is accepted.
And Allah knows best what is correct.
The remarkable and admonitory circumstances of the great Tabi‘i mentioned in the narration, Sa‘id ibn Jubayr, are as follows:
This Sa‘id ibn Jubayr al-Asadi al-Kufi is also among the eminent Tabi‘in.
He acquired knowledge from Abu Mas‘ud, Ibn Abbas, Ibn Umar, Ibn Zubayr, and Anas (radi Allahu anhum), and many people acquired knowledge from him.
In the month of Sha‘ban, 95 AH, when he was forty-nine years old, Hajjaj ibn Yusuf had him killed, and Hajjaj himself died in Ramadan, and according to some, in Shawwal of the same year. It is also said that he died six months after the martyrdom of Sa‘id.
After him, Hajjaj was not able to kill anyone, because Sa‘id had supplicated against him.
When Hajjaj addressed him and said, “How should you be killed? I will kill you in that very manner.”
Jubayr replied, “O Hajjaj! You may describe how you wish to be killed, for by Allah! In the Hereafter, I will kill you in the same manner as you kill me.”
Hajjaj said, “Do you wish that I pardon you?” He replied, “If pardon occurs, it will be from Allah, and as for you, there is no exoneration or excuse for you in this.”
Upon hearing this, Hajjaj said, “Take him away and kill him.”
So when he was taken out of the door, he laughed.
When this was reported to Hajjaj, he ordered that he be brought back. When he was brought back, Hajjaj asked, “What was the reason for your laughter just now?” He replied, “I am amazed at your audacity before Allah and at Allah’s forbearance and patience with you.”
Upon hearing this, Hajjaj ordered that a skin be spread out, so it was spread.
Then he ordered that he be killed.
After this, Sa‘id ibn Jubayr recited:
﴿ إِنِّي وَجَّهْتُ وَجْهِيَ لِلَّذِي فَطَرَ السَّمَاوَاتِ وَالْأَرْضَ حَنِيفًا وَمَا أَنَا مِنَ الْمُشْرِكِينَ ﴾ (al-An‘am: 79)
Meaning: “I have turned my face, shunning all others, towards Him who created the heavens and the earth, and I am not among the polytheists.”
Upon hearing this, Hajjaj ordered that he be tightly bound facing away from the qiblah.
Sa‘id said:
﴿ فَأَيْنَمَا تُوَلُّوا فَثَمَّ وَجْهُ اللَّهِ ﴾ (al-Baqarah: 115)
“Wherever you turn, there is the Face of Allah.”
Now Hajjaj ordered that he be turned face down.
Sa‘id said:
﴿ مِنْهَا خَلَقْنَاكُمْ وَفِيهَا نُعِيدُكُمْ وَمِنْهَا نُخْرِجُكُمْ تَارَةً أُخْرَى ﴾ (Ta Ha: 55)
Hajjaj, upon hearing this, ordered that he be slaughtered.
Sa‘id said: “I bear witness and present as proof that there is no deity except Allah, He is One, He has no partner, and that Muhammad (sallallahu alayhi wa sallam) is His servant and Messenger.
This (testimony of faith)
preserve on my behalf until you meet me on the Day of Resurrection.”
Then Sa‘id supplicated: “O Allah! Do not enable Hajjaj to kill anyone after me.”
After this, he was slaughtered upon the skin.
It is said that after his killing, Hajjaj lived only fifteen nights, after which a disease of worms developed in his stomach.
Hajjaj summoned a physician to examine him.
The physician requested a piece of rotten meat, threaded it with a string, and lowered it down his throat, leaving it for a while.
Afterwards, the physician pulled it out and saw that it was filled with blood.
The physician understood that he would not survive.
For the remainder of his life, Hajjaj would cry out, “What has happened to me and Sa‘id, that when I sleep, he grabs my foot and shakes it?”
Sa‘id ibn Jubayr was buried in the open lands of Iraq.
Rahimahullah, may Allah have vast mercy upon him.

Hadith Commentary:
1.
Shedding someone’s blood without just cause is a grave crime.
The Noble Qur’an has declared such a bloodthirsty person to be the murderer of all humanity.
The position of Ibn Abbas (radi Allahu anhu) is very clear: the repentance (tawbah) of such a murderer will not be accepted.
Accordingly, in another narration, Sa’id bin Jubayr (rahimahullah) says that ‘Abdur-Rahman bin Abza said to me:
Ask Ibn Abbas (radi Allahu anhu) about the following two verses:
©.
“And those who do not call upon any other deity besides Allah, nor kill a soul which Allah has forbidden except by right, nor commit adultery—and whoever does that shall meet a penalty.
The punishment will be doubled for him on the Day of Resurrection,
and he will abide therein humiliated forever,
except for those who repent, believe, and do righteous deeds—for them Allah will replace their evil deeds with good.”
(al-Furqan: 70:25)
©.
“And whoever kills a believer intentionally, his recompense is Hell, wherein he will abide forever.
Allah’s wrath and curse are upon him, and He has prepared for him a great punishment.”
(al-Nisa: 93/4)
I asked Ibn Abbas (radi Allahu anhu) about these verses, and he replied:
The verse in Surah al-Furqan relates to the polytheists of Makkah.
They said:
We have killed souls forbidden by Allah, associated partners with Him, and committed immoralities and abominations—so Allah revealed this verse to comfort them, that yes, whoever repents and believes...
That is, these verses are about the polytheists of Makkah.
The verse in Surah al-Nisa is about the one who accepted Islam, recognized its rulings, and then committed murder—his punishment is Hell, wherein he will abide forever.
I mentioned this position to Mujahid (rahimahullah), and he said:
Those who repent are excluded from this ruling.
(Sahih al-Bukhari, Manaqib al-Ansar, Hadith: 3855)
In another narration, Ibn Abbas (radi Allahu anhu) said:
Such a person has no repentance.
In another narration, it is stated that Surah al-Furqan is a Makkan surah, which has been abrogated by the verse in the Madinan Surah al-Nisa.
(Sahih al-Bukhari, al-Tafsir, Hadith: 4762)
In support of Ibn Abbas’s (radi Allahu anhu) position, a hadith is also presented, narrated by Mu’awiyah (radi Allahu anhu), that the Messenger of Allah (sallallahu alayhi wa sallam) said:
“Allah will forgive every sin except for the one who dies in a state of disbelief, and the one who intentionally kills another Muslim.”
(Musnad Ahmad: 99/4)

2.
The majority of scholars say that the door of repentance is open for the murderer; if he repents sincerely, this grave sin can be forgiven.
They present the following evidences in this regard:
©.
Allah the Exalted says:
“Indeed, Allah does not forgive associating partners with Him, but He forgives whatever is less than that for whom He wills.”
(al-Nisa: 48/4)
This verse is general: every sin except shirk is forgivable, and intentional murder is included in this.
©.
Allah the Exalted says:
“Say: O My servants who have transgressed against themselves! Do not despair of the mercy of Allah.
Indeed, Allah forgives all sins. Indeed, He is the Most Forgiving, Most Merciful.”
(al-Zumar: 53:39)
©.
The Messenger of Allah (sallallahu alayhi wa sallam) said that Allah the Exalted said:
“O My servants! You commit sins by night and by day, and I forgive all sins, so seek forgiveness from Me, and I will forgive you.”
(Sahih Muslim, al-Birr wa al-Silah wa al-Adab, Hadith: 6672 (2577))
©.
The Messenger of Allah (sallallahu alayhi wa sallam) said:
“Allah is very pleased with two men, one of whom kills the other, yet both enter Paradise:
One fights in the way of Allah and is martyred, then Allah grants the killer repentance, so he accepts Islam and is martyred as well.”
(Sahih al-Bukhari, al-Jihad wa al-Siyar, Hadith: 2826)

3.
According to our inclination, the position of the majority of scholars is the one to be relied upon, because it is clearly supported by the Qur’an and Hadith. For example, in the hadith, it is mentioned that an Israelite killed one hundred people, so a scholar said:
Who can stand between you and your repentance?
(Sahih al-Bukhari, Ahadith al-Anbiya, Hadith: 3470)
In short, he was forgiven.
This hadith is a clear text that the door of repentance is open for the murderer.
A possible explanation for the position of Ibn Abbas (radi Allahu anhu) is that it refers to the one who considers murder lawful, or the murderer who dies without repentance. It can also be understood as an expression of the gravity and severity of the act. Furthermore, in the Qur’anic verse, “abiding forever” (khulud) can mean a long duration, not literally forever in Hell, because this punishment is only and exclusively for the polytheists and disbelievers.
It can also be said that indeed, the punishment for deliberately killing a believer is as stated in the verse, but this is when Allah wills to punish him and there is no impediment to that punishment.
But if Allah forgives him, then through repentance his sin will be forgiven, and he will not remain in Hell forever.
In any case, the position of the majority of scholars is based on reality and is adorned with evidences and proofs.
And Allah knows best.