Combining the statement of Allah the Exalted, “And whoever kills a believer intentionally…,” with the statement of Allah the Exalted, “But if any remission is given to him by his brother…”
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Q42: How do we reconcile these two pieces of evidence:
The first piece of evidence: Allah the Exalted said:[An-Nisa 4:93]. The second piece of evidence: [Al-Baqarah 2:178]. The first piece of evidence clarifies that the intentional killer of a Muslim will remain in the Fire forever, and in the second piece of evidence, the killer is made a brother to the wali of the right of retaliation, meaning brotherhood in Islam?
A42: Scholars do not differ that intentional killing is a major sin among the major sins and does not take one out of the religion. As for reconciling the two pieces of evidence mentioned in the question, the statement of Allah the Exalted:[An-Nisa 4:93], means that the intentional killer is deserving of temporary abode in the Fire, from which he will then emerge, just as the sinners among the monotheists will. Thus, it is an abode that is not an eternal abode, for abode is of two kinds: an eternal abode that never ends, which is the abode of the disbelievers in the Fire, as Allah the Exalted said regarding them: [Al-Baqarah 2:167].
And a temporary abode that ends with emergence from the Fire, which is for the sinners among the monotheists, such as the one who intentionally kills a soul without right, the fornicator, the one who is undutiful to his parents, and the one who consumes riba (usury or interest) and drinks intoxicants, if they die upon these sins while being Muslims. These and their like are under the will of Allah, as He the Exalted said:[An-Nisa 4:48]. If He (Exalted and Majestic is He) wills, He will forgive them for their righteous deeds upon which they died, namely their tawhid (the oneness of Allah), their sincerity in worship to Allah, and their being Muslims, or through the intercession of those who intercede for them, along with their tawhid and sincerity. He may also punish them and not grant them forgiveness, in which case they will be punished by being thrown into the Fire and tormented therein according to the measure of their sins, and then they will emerge from it. What confirms this is that Allah made the intentional killer a brother to the victim in His statement: [Al-Baqarah 2:178], meaning that he is his brother in Islam, as in the statement of Allah the Exalted: [Al-Baqarah 2:178]. This indicates that one does not exit Islam by intentional killing,
and that he deserves punishment for this major sin, but he will not abide in the Fire as the disbelievers abide. Likewise, He the Exalted and Sublime said regarding the two groups of believers when they fight each other:[Al-Hujurat 49:9-10]. Thus, Allah described the two fighting groups with faith and made them brothers to the third group, the reconcilers, even though fighting a believer is disbelief, as the Prophet (peace and blessings be upon him) said: Sahih Muslim 64a, agreed upon by al-Bukhari and Muslim. This is a disbelief that is not disbelief, because Allah affirmed faith for the two groups despite their fighting and made them brothers to the reconciling group. This indicates that the term "disbelief" applied to one who fights his brother means a disbelief that is not disbelief. Thus, faith-based brotherhood is not negated except by exiting the religion entirely.
The first piece of evidence: Allah the Exalted said:
But whoever kills a believer intentionally - his recompense is Hell, wherein he will abide eternally, and Allah has become angry with him and has cursed him and has prepared for him a great punishment.
وَمَنْ يَقْتُلْ مُؤْمِنًا مُتَعَمِّدًا فَجَزَاؤُهُ جَهَنَّمُ خَالِدًا فِيهَا وَغَضِبَ اللَّهُ عَلَيْهِ وَلَعَنَهُ وَأَعَدَّ لَهُ عَذَابًا عَظِيمًاBut whoever overlooks from his brother anything, then there should be a suitable follow-up and payment to him with good conduct
فَمَنْ عُفِيَ لَهُ مِنْ أَخِيهِ شَيْءٌ فَاتِّبَاعٌ بِالْمَعْرُوفِ وَأَدَاءٌ إِلَيْهِ بِإِحْسَانٍA42: Scholars do not differ that intentional killing is a major sin among the major sins and does not take one out of the religion. As for reconciling the two pieces of evidence mentioned in the question, the statement of Allah the Exalted:
But whoever kills a believer intentionally - his recompense is Hell, wherein he will abide eternally, and Allah has become angry with him and has cursed him and has prepared for him a great punishment.
وَمَنْ يَقْتُلْ مُؤْمِنًا مُتَعَمِّدًا فَجَزَاؤُهُ جَهَنَّمُ خَالِدًا فِيهَا وَغَضِبَ اللَّهُ عَلَيْهِ وَلَعَنَهُ وَأَعَدَّ لَهُ عَذَابًا عَظِيمًاThus will Allah show them their deeds as regrets upon them. And they are never to emerge from the Fire.
كَذَلِكَ يُرِيهِمُ اللَّهُ أَعْمَالَهُمْ حَسَرَاتٍ عَلَيْهِمْ وَمَا هُمْ بِخَارِجِينَ مِنَ النَّارِAnd a temporary abode that ends with emergence from the Fire, which is for the sinners among the monotheists, such as the one who intentionally kills a soul without right, the fornicator, the one who is undutiful to his parents, and the one who consumes riba (usury or interest) and drinks intoxicants, if they die upon these sins while being Muslims. These and their like are under the will of Allah, as He the Exalted said:
Indeed, Allah does not forgive association with Him, but He forgives what is less than that for whom He wills
إِنَّ اللَّهَ لا يَغْفِرُ أَنْ يُشْرَكَ بِهِ وَيَغْفِرُ مَا دُونَ ذَلِكَ لِمَنْ يَشَاءُBut whoever overlooks from his brother anything
فَمَنْ عُفِيَ لَهُ مِنْ أَخِيهِ شَيْءٌO you who have believed, prescribed for you is legal retribution for those murdered - the free for the free, the slave for the slave, and the female for the female. But whoever overlooks from his brother anything, then there should be a suitable
يَا أَيُّهَا الَّذِينَ آمَنُوا كُتِبَ عَلَيْكُمُ الْقِصَاصُ فِي الْقَتْلَى الْحُرُّ بِالْحُرِّ وَالْعَبْدُ بِالْعَبْدِ وَالأُنْثَى بِالأُنْثَى فَمَنْ عُفِيَ لَهُ مِنْ أَخِيهِ شَيْءٌ فَاتِّبَاعٌ بِالْمَعْرُوفِand that he deserves punishment for this major sin, but he will not abide in the Fire as the disbelievers abide. Likewise, He the Exalted and Sublime said regarding the two groups of believers when they fight each other:
(9) And if two factions among the believers should fight, then make settlement between the two. But if one of them oppresses the other, then fight against the one that oppresses until it returns to the ordinance of Allah. And if it returns, then make settlement between them in justice and act justly. Indeed, Allah loves those who act justly. (10) The believers are but brothers, so make settlement between your brothers. And fear Allah that you may receive mercy.
وَإِنْ طَائِفَتَانِ مِنَ الْمُؤْمِنِينَ اقْتَتَلُوا فَأَصْلِحُوا بَيْنَهُمَا فَإِنْ بَغَتْ إِحْدَاهُمَا عَلَى الأُخْرَى فَقَاتِلُوا الَّتِي تَبْغِي حَتَّى تَفِيءَ إِلَى أَمْرِ اللَّهِ فَإِنْ فَاءَتْ فَأَصْلِحُوا بَيْنَهُمَا بِالْعَدْلِ وَأَقْسِطُوا إِنَّ اللَّهَ يُحِبُّ الْمُقْسِطِينَ (9) إِنَّمَا الْمُؤْمِنُونَ إِخْوَةٌ فَأَصْلِحُوا بَيْنَ أَخَوَيْكُمْAbusing a Muslim is an outrage and fighting against him is unbelief
سباب المسلم فسوق وقتاله كفر
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.