Surah An-Nisaa (4) — Ayah 92

(Ayah 92) ➊ { وَ مَا كَانَ لِمُؤْمِنٍ اَنْ يَّقْتُلَ مُؤْمِنًا اِلَّا خَطَـًٔا:} When permission for fighting against the disbelievers was revealed, it was quite possible that someone might kill a Muslim, mistaking him for a combatant disbeliever (with whom there is war), and later it would be found out that he was a Muslim. Therefore, in this verse, Allah Almighty has stated the rulings regarding the accidental killing of a Muslim. (Razi) In the verse, {”اِلَّا“} means { ”لٰكِنْ“ }, and the exception is disconnected, meaning that in no case is it permissible to kill a Muslim, but if he is killed by mistake, then there is expiation for it, which is mentioned later. The Messenger of Allah (peace and blessings be upon him) said: "The blood of a man who testifies that there is no god but Allah and that I am the Messenger of Allah is not lawful except in one of three cases: (1) Life for life. (2) A married adulterer. (3) One who leaves Islam (apostate) and separates from the community." [ بخاری، الدیات، باب قول اللہ تعالٰی : «أن النفس بالنفس والعین بالعین» : ۶۸۷۸، عن عبد اللہ رضی اللہ عنہ ]
➋ { وَ مَنْ قَتَلَ مُؤْمِنًا خَطَـًٔا فَتَحْرِيْرُ … :} That is, when a Muslim accidentally kills another Muslim, there are two rulings: one is expiation, the other is blood money (diyah). The expiation is that he must free a Muslim slave (male or female), and if he is unable to do so, then he must fast for two consecutive months, and pay blood money to the heirs. The expiation is never waived, but the blood money can be waived if the heirs forgive, but this is when the heirs of the slain are also Muslims, or they are disbelievers with whom there is a treaty, or they are dhimmis, as will be mentioned ahead.
➌ { فَاِنْ كَانَ مِنْ قَوْمٍ عَدُوٍّ لَّكُمْ … :} But if the heirs are combatant disbelievers, then only expiation is due on the killer, that is, to free a Muslim slave, and if that is not possible, then to fast for two consecutive months. There is no need to pay blood money to the heirs of the slain, because they are enemies. (Qurtubi)
➍ { وَ اِنْ كَانَ مِنْ قَوْمٍۭ بَيْنَكُمْ وَ بَيْنَهُمْ مِّيْثَاقٌ …:} The meaning of this sentence is that if the slain Muslim belonged to a people with whom you have a treaty, or they are dhimmis, then in this case also two things are obligatory: blood money (diyah) and expiation. Here, blood money is mentioned before expiation so that there is no negligence in paying it, considering him a member of a non-Muslim community. Some have written that it means if the slain is a treaty-holder or dhimmi (not a Muslim), then in this case also expiation and blood money must be paid to the heirs, but the more authentic view seems to be that here too the discussion is about a slain Muslim. The blood money will be one hundred camels or its equivalent value, which will vary according to the nature of the mistake.
➎ { شَهْرَيْنِ مُتَتَابِعَيْنِ:} If anyone misses even one fast without a valid Shar‘i excuse, such as illness, menstruation, postnatal bleeding, etc., then he will have to start the two months of fasting anew. (Qurtubi)

92. 1 This is a negation. It is in the sense of prohibition, which necessitates unlawfulness, meaning it is forbidden and unlawful for a believer to kill. It is not befitting for you to harm the Messenger of Allah ﷺ, meaning it is forbidden.
92. 2 The causes and reasons for a mistake can be numerous. The purpose is that there should be no intention or will to kill, but due to some reason, killing occurs.
92. 3 This is the penalty for accidental killing, which consists of two things. One is as expiation and seeking forgiveness, that is, freeing a Muslim slave, and the second is as the right of the servants, which is what is given to the heirs of the slain in exchange for his blood, that is, the amount of blood money. According to the spirit of the hadith, it is one hundred camels or their equivalent value in gold, silver, or currency.
92. 4 Expressing forgiveness as charity is meant to encourage forgiveness.
92. 5 That is, in this case, there will be no blood money. Some have explained the reason as being that since his heirs are harbi disbelievers, they are not entitled to receive the blood money of a Muslim, and because of this, the sanctity of his blood is less. (Fath al-Qadeer)
92. 6 This is a third case. In this as well, the same expiation and blood money apply as in the first case. Some have said that if the slain is a mu'ahid (dhimmi), then his blood money will be half that of a Muslim, because in the hadith, the blood money of a disbeliever is stated to be half that of a Muslim. But the more authentic view seems to be that in this third case as well, the ruling is being stated for a slain Muslim.
92. 7 That is, if one is not able to free a slave, then in the first and this last case, along with the blood money, there are two consecutive (without interruption) months of fasting. If there is an interruption in between, then it will be necessary to start the fasts anew, unless the interruption is due to a valid excuse such as menstruation, postpartum bleeding, or severe illness that prevents fasting. There is a difference of opinion regarding travel being a valid excuse. (Ibn Kathir)

92. It is not for a believer to kill another believer, except by mistake [127]. And whoever kills a believer by mistake must free a believing slave and pay blood money to the victim’s family, unless they remit it. If the victim belonged to a people at war with you but was a believer, then only the freeing of a believing slave is required. And if he belonged to a people with whom you have a treaty, then blood money must be paid to his family and a believing slave must be freed. But whoever cannot find one, must fast for two consecutive months. This is the way to repent before Allah. And Allah is All-Knowing, All-Wise.

[127]
Cases of Accidental Killing and Its Expiation:

In this verse, the rulings regarding accidental killing have been mentioned. There can be several forms of accidental killing, for example, if an arrow or stone was thrown intending to hit a target, but it struck a Muslim and he died. The second case is that something was indeed struck intentionally, but the person striking never thought that such a light blow would cause death. The third case is that in a fight or some commotion, a Muslim is killed by mistaking him for a disbeliever. As happened after the defeat in the Battle of Uhud, when, in a state of confusion, the Muslims killed Sayyiduna Huzayfah bin Yaman’sؓ father, Sayyiduna Yamanؓ, thinking he was a disbeliever. Although Sayyiduna Huzayfahؓ kept saying that this is my father, in that chaos, no one heard Sayyiduna Huzayfahؓ’s voice. And the fourth case, which is very common nowadays, is that someone is killed in a traffic accident, either by being run over by a vehicle or struck by it. The rulings or forms of expiation for accidental killing are as follows:
1. If the heirs of the slain are Muslims, then a believing slave (whether male or female) must be freed, and blood money (diyah) must also be paid to the heirs of the slain. The blood money or diyah is one hundred camels or an amount equal to their value, which the heirs of the killer will pay to the heirs of the slain. According to Imam Abu Hanifah, may Allah have mercy on him, the maximum period for paying the diyah is up to three years, and the heirs of the slain may forgive this diyah if they wish. And if the killer cannot find a slave to free, then he must fast for two consecutive months. It should be noted that Sayyiduna Huzayfah’sؓ father was martyred in the Battle of Uhud collectively at the hands of several Muslims, whom Sayyiduna Huzayfahؓ openly forgave. And Allah Almighty forgave the mistakes of the people of Uhud, so in that case, there was no question of expiation.
2. If the slain was a believer but belonged to an enemy nation, then the expiation is only to free a Muslim slave. And if that is not possible, then two consecutive months of fasting, and there will be no diyah.
3. And if the slain believer belonged to a nation with whom there is a treaty, then the same rulings apply as in the first case.