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Unintentional Killing Of Non Believers
An-Nisa’ – 4:92
Arabic
وَمَا كَانَ لِمُؤۡمِنٍ أَن يَقۡتُلَ مُؤۡمِنًا إِلَّا خَطَـًٔاۚ وَمَن قَتَلَ مُؤۡمِنًا خَطَـًٔا فَتَحۡرِيرُ رَقَبَةٍ مُّؤۡمِنَةٍ وَدِيَةٌ مُّسَلَّمَةٌ إِلَىٰٓ أَهۡلِهِۦٓ إِلَّآ أَن يَصَّدَّقُوا۟ۚ فَإِن كَانَ مِن قَوۡمٍ عَدُوٍّ لَّكُمۡ وَهُوَ مُؤۡمِنٌ فَتَحۡرِيرُ رَقَبَةٍ مُّؤۡمِنَةٍۖ وَإِن كَانَ مِن قَوۡمٍۢ بَيۡنَكُمۡ وَبَيۡنَهُم مِّيثَٰقٌ فَدِيَةٌ مُّسَلَّمَةٌ إِلَىٰٓ أَهۡلِهِۦ وَتَحۡرِيرُ رَقَبَةٍ مُّؤۡمِنَةٍۖ فَمَن لَّمۡ يَجِدۡ فَصِيَامُ شَهۡرَيۡنِ مُتَتَابِعَيۡنِ تَوۡبَةً مِّنَ ٱللَّهِۗ وَكَانَ ٱللَّهُ عَلِيمًا حَكِيمًا
Why does God not say nafs here? Why does he say believer. What if a non believer is accidentally killed?
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7 Replies
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Unintentional Killing Of Non Believers
updated 4 years, 2 months ago
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7
Replies
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And it is unlawful for a believer to kill a believer except if it happens by accident. And he who kills a believer accidentally must free one Muslim slave and pay diyat to the heirs of the victim except if they forgive him. If the victim is a Muslim belonging to a people at enmity with you, the freeing of a Muslim slave is enough. But if the victim belongs to an ally, diyat shall be given to his heirs and a Muslim slave shall also have to be set free. He who does not have a slave, must fast two consecutive months. This is from Allah a way to repent from this sin: and He is Wise, All-Knowing. (4:92)
For a non-believer, it depends on the treaty (treaty can be both with Non-Muslim citizens of the same Muslim State and with a Non-Muslim Nation where Muslims reside as well). In today’s time, the treaty with Non-Muslim citizens takes the form of constitution.
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So it is correct to say that God has not set a way of expiation right
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But its a balanced directive giving due regard to political ground realities, as there is no expiation of Diyat even for a Muslim belonging to a Nation in a state of enmity with a Muslim Nation.
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As a corollary- since there is no slavery nowadays- would a believer accidentally killed who is in a state which has enmity to the Muslim one just have no expiation? (As a default if there was no treaty)
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“He who does not have a slave, must fast two consecutive months“
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Oh sorry! That was a category 2 question
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