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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Exegesis of the saying of Allah the Exalted: “And they do not kill the soul which Allah has forbidden except by right.”

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The Shaykh :
And those who do not invoke with Allah another deity or kill the soul which Allah has forbidden [to be killed], except by right وَالَّذِينَ لا يَدْعُونَ مَعَ اللَّهِ إِلَهاً آخَرَ وَلا يَقْتُلُونَ النَّفْسَ الَّتِي حَرَّمَ اللَّهُ إِلاَّ بِالْحَقِّ
[Al-Furqan 25:68]
. What is the soul that Allah has forbidden? The soul that Allah has forbidden is: First: the soul of the believer. Second: the soul of the dhimmi. Third: the soul of the mu'ahad (one with a treaty). Fourth: the soul of the musta'min (one granted safe conduct). Four, four souls are forbidden except by right. The first soul: the soul of the believer. And the second: the dhimmi. And the third: the mu'ahad, and the fourth: the musta'min. These are four souls that are forbidden.
As for the believer, there is no dispute regarding him. And 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 مُؤْمِناً مُتَعَمِّداً فَجَزَاؤُهُ جَهَنَّمُ خَالِداً فِيهَا وَغَضِبَ اللَّهُ عَلَيْهِ وَلَعَنَهُ وَأَعَدَّ لَهُ عَذَاباً عَظِيماً
[An-Nisa 4:93]
. Five punishments, may Allah protect us. His recompense is Hellfire, one. Abiding therein - walk with me - two. And the anger of Allah is upon him, and He has cursed him, and He has prepared for him a great punishment. As for the dhimmi: because the dhimmi resides with us in our land and under our protection. But he pays the jizyah. The dhimmi in the present time, we do not know of his existence. Does any one of you know of his existence? Meaning, he remains in our land paying the jizyah every year. He gives us dirhams. But he is under our protection, we protect him. This does not exist now. But we hope that Allah Mighty and Majestic will bring it about in the near future. When Islam was strong, the People of the Dhimma would remain with the Muslims in the lands, but with the payment of the jizyah. And how do they pay it? They pay it with their own hands while they are humbled. They pay it with their own hands while they are humbled. The greatest merchant from among the dhimmis in our lands, who has remained [in the land] with the jizyah. He comes himself with the jizyah and gives it to the official in the Islamic state with his own hand while he is humbled. Do you visualize this or not? Good. The dhimmi is: the one who resides in our land safe and secure, but he pays the jizyah: which is what the imam imposes on him every year. He remains under our protection. And when the year is completed, he brings the jizyah. Suppose this man is rich and has servants. So he sends the servant with the jizyah to the official, is that sufficient or not sufficient? Not sufficient. Good. Yes. Did you understand, people? Good.
until they give the jizyah willingly while they are humbled. حَتَّى يُعْطُوا الْجِزْيَةَ عَنْ يَدٍ وَهُمْ صَاغِرُونَ
[At-Tawbah 9:29]
. The scholars differed regarding his saying:
with his hand عَنْ يَدٍ
. It was said: the meaning is: that the dhimmi brings it and we do not take it from him easily. He stands at the pillar - is this called a pillar or not? - he stands at the pillar in front of the official and the official does not speak to him, he does not speak to him. He humiliates him. Yes. And he ignores him while he is standing. So when he wants to hand over the jizyah, he takes it from him forcefully, almost pulling his hand away, because he said:
willingly while they are humbled. عَنْ يَدٍ وَهُمْ صَاغِرُونَ
[At-Tawbah 9:29]
. Humble. But this is the opinion of some jurists, although it is weak. And Islam cannot treat the dhimmis with this treatment. But the meaning is:
until they give the jizyah willingly حَتَّى يُعْطُوا الْجِزْيَةَ عَنْ يَدٍ
[At-Tawbah 9:29]
meaning: that the dhimmi pays it with his own hand, he does not send a servant with it. He does not send the servant with it. And also, he does not come with pride and arrogance. Rather, he pays it while he is what? Humble. This dhimmi, his protection is upon us and repelling aggression from him is upon us, because we receive from him in exchange for that what? The jizyah.
The third: the mu'ahad. The mu'ahad: is one between us and whom there is a treaty that he remains in the land, but he does not pay the jizyah. But it is obligatory upon us to protect him in fulfillment of what? The treaty. For this reason, the Prophet (peace and blessings be upon him) said:
Whoever killed a person having a treaty with the Muslims, shall not smell the smell of Paradise من قتل معاهداً لم يرح رائحة الجنة
Sahih al-Bukhari 3166
. May Allah protect us. So the mu'ahad has a right, and aggression against him is not permissible. And who undertakes the treaty? Do the rabble of the people and the common folk undertake it, or the one in authority? The one in authority. So if the one in authority makes a treaty with someone, a merchant or an engineer or a worker or otherwise, it is not permissible for any one of the subjects to harm him or kill him. Rather, whoever kills him will not smell the fragrance of Paradise, may Allah protect us. So how will he enter it? He will not enter it and will not smell its fragrance. The matter is not chaos where everyone says: I am the sultan, I am the prince, I am the planner, I am the one who writes the treaty, and the like. The matter returns to the rulers. This is the mu'ahad.
The fourth: the musta'min. The musta'min does not remain in our lands. A man with goods wants to enter the country to sell them, lawful goods. So he enters and we give him safety, we give him safety on the condition that he enters and no one aggresses against him. This is also the fourth of the protected, forbidden souls. The servants of the Merciful do not kill the soul which Allah has forbidden except by right. And upon this, whoever kills a protected soul, he is not among the servants of the Merciful, meaning: this great description is lacking in him from among the servants of the Merciful.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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