We need clarification on a difficulty in the verse regarding accidental killing.

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Al-Halabi : The verse in Ibn Kathir, the verse you asked about in Ibn Kathir...

The Shaykh : Yes, may Allah reward you with good, please go ahead.
Al-Halabi : He says, regarding His statement—(Glorified and Exalted is He):

And whoever kills a believer by mistake - then the freeing of a believing slave and a compensation payment presented to the

وَمَنْ قَتَلَ مُؤْمِنًا خَطَأً فَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍ وَدِيَةٌ مُسَلَّمَةٌ إِلَى أَهْلِهِ

[An-Nisa 4:92]

"These are two obligations in accidental killing; one is the expiation for the great sin he committed. Then he mentions a long passage and says: And His statement:

a compensation payment presented to the deceased's family

وَدِيَةٌ مُسَلَّمَةٌ إِلَى أَهْلِهِ

[An-Nisa 4:92]

is the second obligation between the killer and the family of the victim; as compensation for what they lost from their deceased."

The Shaykh: Okay
Al-Halabi : Then he says: Regarding His statement—(the Exalted): "

then [instead], a fast for two months consecutively

فَمَنْ لَمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ

[An-Nisa 4:92]

meaning there is no breaking of the fast between them, but he continues his fasting until the end of both. And His statement

[seeking] acceptance of repentance from Allah. And Allah is ever Knowing and Wise.

تَوْبَةً مِنَ اللَّهِ وَكَانَ اللَّهُ عَلِيمًا حَكِيمًا

[An-Nisa 4:92]

meaning this is the repentance of the one who killed by mistake if he does not find the freeing of a slave."

The Shaykh : Yes, he fasts, no. We need to see regarding those in the era of...
Al-Halabi : If he does not find...

The Shaykh : No, he... Yes, the verse...

The questioner

and if he was from a people with whom you have a treaty - then a compensation payment presented to his family

وَإِنْ كَانَ مِنْ قَوْمٍ بَيْنَكُمْ وَبَيْنَهُمْ مِيثَاقٌ فَدِيَةٌ مُسَلَّمَةٌ إِلَى أَهْلِهِ

[An-Nisa 4:92]

only, there is nothing else.
Al-Halabi : It is, my Shaykh, I return this verse

And whoever cannot find

فَمَنْ لَمْ يَجِدْ

[Al-Baqarah 2:196]

to accidental killing.

The Shaykh : Accidental killing.
Al-Halabi : Ah, I return it to accidental killing; this has no consideration.

The Shaykh : The one who does not find the freeing of a slave.
Al-Halabi : Yes, for the one who does not find the freeing of a slave.

The Shaykh : Okay, what is the text of this second verse?
Al-Halabi : The second verse, my Shaykh, did not consider the freeing of a slave...

The Shaykh : Never mind, let us hear it so that we can recall it with this verse.
Al-Halabi :

But if the deceased was from a people at war with you and he was a believer - then [only] the freeing of a believing slave; and if he was from a people with whom you have a treaty - then a compensation payment presented to his family and the freeing of a believing slave

فَإِنْ كَانَ مِنْ قَوْمٍ عَدُوٍّ لَكُمْ وَهُوَ مُؤْمِنٌ فَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍ وَإِنْ كَانَ مِنْ قَوْمٍ بَيْنَكُمْ وَبَيْنَهُمْ مِيثَاقٌ فَدِيَةٌ مُسَلَّمَةٌ إِلَى أَهْلِهِ وَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍ

[An-Nisa 4:92]

.

The Shaykh : Ah, here your question arises: is it about this verse or the first one?

The questioner : The three are specific to each other.

The Shaykh : The first verse is clear in it.

The questioner : The first one, not the second; as for the third verse, excuse me, the third part of the verse

a compensation payment presented to his family and the freeing of a believing slave

فَدِيَةٌ مُسَلَّمَةٌ إِلَى أَهْلِهِ وَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍ

[An-Nisa 4:92]

.
Al-Halabi : Yes, what does he say here? He says: "

But if the deceased was from a people at war with you and he was a believer - then [only] the freeing of a believing slave

فَإِنْ كَانَ مِنْ قَوْمٍ عَدُوٍّ لَكُمْ وَهُوَ مُؤْمِنٌ فَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍ

[An-Nisa 4:92]

And His statement:

and if he was from a people with whom you have a treaty

وَإِنْ كَانَ مِنْ قَوْمٍ بَيْنَكُمْ وَبَيْنَهُمْ مِيثَاقٌ

[An-Nisa 4:92]

the verse, meaning if the victim’s guardians were people of a covenant or truce, then they have the blood money for their victim. If he was a believer, it is a full blood money, and likewise if he was a disbeliever, according to a group of scholars. It was also said: it is obligatory for the disbeliever half the blood money of a Muslim, until the end of it. And it is also obligatory upon the killer to free a believing slave."

The Shaykh : Yes, okay, now I think this is your question: if he does not find the freeing of a slave, is it addressed here?
Al-Halabi : No, it is not addressed.

The Shaykh : That is the problem.

Source www.al-albany.com

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

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