Can the killing of game by a person in the state of ihram be analogized to the killing of a believer by mistake?
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The questioner : The point is... regarding the expiation, they argue with the expiation for harm. They say that one who commits it while excused is cited as evidence, O Shaykh, by the killing in error. The sin is lifted from him, but the expiation is obligatory upon him, just like in the case of hunting. If one hunts while forgetful, the equivalent is obligatory upon him... How do we respond to them?
The Shaykh : Did you hear what he said? He says we should analogize the killing of game to the killing of a believer by mistake, or that there is a covenant between us and them regarding mistake. What do we say?
The questioner : It is an analogy with a difference.
The Shaykh : It is an analogy with a difference, O Ahmad. Allah distinguished in the killing of a believer between intentional and accidental. He said regarding the intentional:[An-Nisa 4:92] It is not possible for a believer to kill a believer intentionally.
Well, that is one point. The second point is in the text regarding the killing of game. The text mentions intentional, but look, people, when a person holds a belief before seeking evidence, the reality is sometimes surprising. They say: "The mention of intention here in the punishment[Al-Ma'idah 5:95]" This is strange. And Allah says: [Al-Ma'idah 5:95] So He linked the punishment to intention based on the preceding condition. As for their claim that the intention is for the punishment in the Hereafter and retribution, this is undoubtedly false and a distortion of the words from their places. But the problem is that when a person holds a belief before seeking evidence, and we say that even regarding ourselves, we find that if we believe something and then the evidence comes to the contrary, it may be difficult for a person to transition. You find him trying to find a path to follow, a distortion or something similar. Therefore, it is obligatory for us all to follow the evidence. When the evidence becomes clear, there is no need for us to interpret figuratively or to distort. And praise be to Allah, we are not burdened except with what we are able to do.
The Shaykh : Did you hear what he said? He says we should analogize the killing of game to the killing of a believer by mistake, or that there is a covenant between us and them regarding mistake. What do we say?
The questioner : It is an analogy with a difference.
The Shaykh : It is an analogy with a difference, O Ahmad. Allah distinguished in the killing of a believer between intentional and accidental. He said regarding the intentional:
And never is it for a believer to kill a believer except by mistake
ما كان لمؤمن أن يقتل مؤمناً إلا خطأًWell, that is one point. The second point is in the text regarding the killing of game. The text mentions intentional, but look, people, when a person holds a belief before seeking evidence, the reality is sometimes surprising. They say: "The mention of intention here in the punishment