Al-Jalalayn

Al-Jalalayn — Al-Jalalayn

You will find others desiring to have security from you by manifesting belief before you and security from their own people through unbelief when they return to them and these were the tribes of Asad and Ghatafān; yet whenever they are returned to sedition whenever they are summoned to idolatry they are overwhelmed by it falling into it in the worst of ways. So if they do not stay away from you by refraining from fighting you and do not offer you peace and do not restrain their hands from you then take them as captives and slay them wherever you come upon them wherever you find them; against them We have given you clear warrant a clear and manifest proof for you to slay them and capture them on account of their treachery.

Al-Jalalayn — Al-Jalalayn

It is not for a believer to slay a believer in other words no such slaying should result at his hands except by mistake killing him by mistake unintentionally. He who slays a believer by mistake when he meant to strike some other thing as in the case of hunting or shooting at trees but then happens to strike him with what in most cases would not kill then let him set free let him emancipate a believing slave raqaba denotes nasama ‘a person’ an obligation on him and blood-money is to be submitted to be paid to his family that is the slain person’s inheritors unless they remit it as a charity to him by waiving their claim to it. In the Sunna this blood-money is explained as being equivalent to one hundred camels twenty pregnant twenty female sucklings twenty male sucklings twenty mature ones and twenty young ones not more than five years old; and the Sunna stipulates that it is incumbent upon the killer’s clan namely his paternal relations and not other relatives. They share this burden of the blood-money over three years; the rich among them pays half a dinar while the one of moderate means pays a quarter of a dinar each year; if they still cannot meet this then it can be taken from the treasury and if this is not possible then from the killer himself. If he the slain belongs to a people at enmity at war with you and is a believer then the setting free of a believing slave is incumbent upon the slayer as a redemption but no bloodmoney is to be paid to his family since they are at war with you. If he the slain belongs to a people between whom and you there is a covenant a treaty as is the case with the Protected People ahl al-dhimma then the blood-money for him must be paid to his family and it constitutes a third of the blood-money for a believer if the slain be a Jew or a Christian and two thirds of a tenth of it if he be a Magian; and the setting free of a believing slave is incumbent upon the slayer. But if he has not the wherewithal for setting free a slave failing to find one or the means to obtain one then the fasting of two successive months is incumbent upon him as a redemption here God does not mention the transition to an alternative to fasting which is giving food to the needy as in the case of repudiating one’s wife by zihār something which al-Shāfi‘ī advocates in the more correct of two opinions of his; a relenting from God tawbatan ‘relenting’ is the verbal noun and is in the accusative because of the implied verb.

Al-Jalalayn — Al-Jalalayn

And whoever slays a believer deliberately intending to kill him with something that is lethal aware of the fact that he the slain is a believer his requital is Hell abiding therein and God is wroth with him and has cursed him He has removed him from His mercy and has prepared for him a mighty chastisement in the Fire this may be explained as referring to the person that deems such killing licit or as being his requital if he were to be requited but it would not be anything new if this threat of punishment were to be forgone because of what He says Other than that that is idolatry He forgives whomever He will Q. 448. It is reported from Ibn ‘Abbās that it the verse should be understood as it stands abrogating other verses of ‘forgiveness’. The verse in sūrat al-Baqara Q. 2178 clearly indicates that the one who kills deliberately should be killed in return or if he is pardoned then he has to pay the blood-money the value of which has already been mentioned. It is made clear in the Sunna that between the intentional and the unintentional there is a type of killing that is identified as being with quasi-deliberate intent shibh al-‘amd where the killer has slain with what in most cases is not a lethal implement. In such a case there is no right to retaliation and blood-money is paid instead so that it this type of killing is described as intentional but considered unintentional in that there applies the fixing of the period for payment and the sharing of the burden by the killer’s clan; in this case and that of intentional killing redemption is more urgent than in unintentional killing.

Al-Jalalayn — Al-Jalalayn

The following was revealed when a group from among the Companions passed by a man from the Banū Sulaym driving his flock of sheep and he offered them a greeting of peace. But they said ‘He only greeted us dissimulating out of fear’. So they killed him and took away his flock O you who believe when you are going forth travelling in order to struggle in the way of God be discriminating fa-tabayyanū; a variant reading has fa-tathabbatū ‘ascertain’ here and further below; and do not say to him who offers you peace read al-salām or al-salam that is the greeting or offers you submission declaring the profession of faith shahāda which is an indication of being a Muslim ‘You are not a believer you are only saying this to dissimulate for fear of your life and property’ so that you then end up killing him desiring seeking by this the transient goods of the life of this world that is its enjoyment in the way of spoils. With God are plenteous spoils rendering you free of the need to kill such a person for his property. So you were formerly when your lives and property were protected simply upon your professing the faith; but God has been gracious to you making you known for your faith and uprightness. So be discriminating lest you kill a believer and treat those entering the religion as you were treated formerly. Surely God is ever Aware of what you do and will requite you for it.

Al-Jalalayn — Al-Jalalayn

The believers who sit at home away from the struggle other than those who have an injury such as a chronic illness or blindness or the like read in the nominative ghayru ūlī l-darar ‘other than those who have an injury’ as an adjectival clause; or in the accusative ghayra ūlī l-darar as an exceptive clause are not the equals of those who struggle in the way of God with their possessions and their lives. God has preferred those who struggle with their possessions and their lives over the ones who sit at home on account of some injury by a degree by a degree of merit since both have the same intention but the extra degree is given to those who have carried out the struggle; yet to each of the two groups God has promised the goodly reward Paradise and God has preferred those who struggle over the ones who sit at home without any injury with a great reward ajran ‘azīman is substituted by the following darajātin minhu