What is the stronger opinion regarding the issue of killing a free person in retaliation for a slave?
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The questioner : What is the stronger opinion regarding the issue of killing a free person in retaliation for a slave? If a free person kills a slave, is he killed in retaliation, or not, O Shaykh?
The Shaykh : The stronger opinion is the saying of Allah the Exalted:[Al-Ma'idah 5:45] and the saying of the Prophet (peace and blessings be upon him): Sunan an-Nasa'i 4721Sahih (Darussalam) and the saying of the Prophet (peace and blessings be upon him): Musnad Ahmad 959Sahih because of corroborating evidences] (Darussalam).
And the saying of the Prophet (peace and blessings be upon him): and the saying of Allah the Exalted: [Al-Hujurat 49:13] These general statements and their like indicate that a free person is killed in retaliation for a slave, just as a slave is killed in retaliation for a free person. There are no texts indicating that a free person is not killed in retaliation for a slave. You know the concept of a free person killing a free person, and yet, if a slave kills a free person, he is killed in retaliation for him.
The questioner : And his saying: ... O Shaykh.
The Shaykh : But it is a soul, and therefore expiation is obligatory for killing him by mistake. Yes.
The questioner : Peace be upon you.
The Shaykh : Peace be upon you and the mercy of Allah.
The Shaykh : The stronger opinion is the saying of Allah the Exalted:
And We ordained for them therein a life for a life, an eye for an eye
وَكَتَبْنَا عَلَيْهِمْ فِيهَا أَنَّ النَّفْسَ بِالنَّفْسِ وَالْعَيْنَ بِالْعَيْنِIt is not permissible to shed the blood of a Muslim except in one of three cases: A soul for a soul
لا يحل دم امرئ مسلم إلا بإحدى ثلاثة : النفس بالنفسAll the believers are equal in respect of blood [i.e., their lives are of equal value] . The protection offered by the least among them is to be honoured.
المؤمنون تتكافأ دماؤهم ويسعى بذمتهم أدناهمAnd the saying of the Prophet (peace and blessings be upon him):
There is no superiority for an Arab over a non-Arab except by piety
لا فضل لعربي على عجمي إلا بالتقوىIndeed, the most noble of you in the sight of Allah is the most righteous of you
إِنَّ أَكْرَمَكُمْ عِنْدَ اللَّهِ أَتْقَاكُمْThe questioner : And his saying: ... O Shaykh.
The Shaykh : But it is a soul, and therefore expiation is obligatory for killing him by mistake. Yes.
The questioner : Peace be upon you.
The Shaykh : Peace be upon you and the mercy of Allah.