Nasai

(1) A believer cannot be killed in retaliation for a disbeliever under any circumstance, even if the slain is a dhimmi (non-Muslim under Muslim protection), because the blood of a Muslim and a disbeliever are not equal. However, since the killing of a dhimmi is a violation of covenant and protection, his blood money (diyah) must be paid; otherwise, there will be punishment from Allah in the Hereafter. The government may also impose a punishment such as imprisonment, etc. And Allah knows best! The Hanafis hold the view that a Muslim may be killed in retaliation for a dhimmi. They interpret this narration as referring to a harbi disbeliever, i.e., a disbeliever from an enemy country, whereas in the case of a disbeliever from an enemy country, the question of retaliation does not even arise.

(2) This hadith refutes the Rafidah, who claim that the Prophet (sallallahu alayhi wa sallam) gave some special bequests to Ali (radi Allahu anhu). It is also understood that the punishment for a crime is given only and only to the criminal, not to any other person. The blind law in our society, where one commits the crime and another bears the punishment, is therefore unlawful and haram according to the Shari‘ah. Allah’s command is: ﴿وَلا تَزِرُ وَازِرَةٌ وِزْرَ أُخْرَى﴾ (Fatir: 35:18) “No bearer of burdens will bear the burden of another (no matter how close the relationship).” There is absolutely no room for this in Allah’s law; rather, whoever does so is considered a criminal and deserving of punishment.

(3) It is obligatory upon all Muslims to cooperate with one another in acts of righteousness and piety. They should strengthen each other and be united against their enemies.

(4) Just as committing a crime is a sin, so too is supporting a criminal, saving him from due punishment, or interceding on his behalf. Furthermore, if someone gives refuge and protection to a rebel or such a dangerous criminal, then the one who gives such refuge and protection is accursed and damned. Upon such a person is the curse of Allah, His angels, and all mankind. This is a moment of reflection for those who protect criminals, for in pursuit of false fame, they become deserving of curse and condemnation.

(5) “Special bequest”: Some irreligious people had spread the notion that the Messenger of Allah (sallallahu alayhi wa sallam) taught Ali (radi Allahu anhu) the essence of revelation, while the rest of the people have only incomplete revelation. Ali (radi Allahu anhu) refuted this, saying that he had only a single written document, which could be seen so that no doubt or suspicion would remain. That document contained such matters that concerned everyone and were also known to people individually.

(6) “Blood is equal”: From this, the author rahimahullah has deduced that the blood of a free and a slave believer is equal; therefore, they may be killed in retaliation for one another. This is also the position of Sa‘id ibn al-Musayyib, Ibrahim al-Nakha‘i, Qatadah, Sufyan al-Thawri, and Abu Hanifah rahimahullah. Shaykh al-Islam Ibn Taymiyyah rahimahullah also considered this view to be the strongest, because according to the aforementioned hadith, the blood of Muslims is equal. In contrast, a group of scholars holds that a free man is not to be killed in retaliation for a slave. Foremost among them are Abu Bakr and ‘Umar (radi Allahu anhuma), but this is not established from them with an authentic chain, and all the hadiths reported on this matter are weak. Therefore, the strongest view is that if a free man kills a slave, he will be killed in retaliation, unless the heirs accept blood money or pardon him. For further details, see: (Dhakheerat al-‘Uqba, Sharh Sunan al-Nasa’i, by al-Atbubi: 36/19)

(7) “As one unit”: That is, Muslims should remain united against the disbelievers. They should not be divided among themselves, fall prey to the enemy’s conspiracies, nor take disbelievers as friends. The Messenger of Allah (sallallahu alayhi wa sallam) gave a most excellent example, saying that the believers are like the fingers of one hand, which, when needed, come together as one and form a powerful fist.

(8) “Can grant protection”: Which other Muslims must accept, whether the one granting protection is an ordinary soldier or a common Muslim.