سورة النساء

Imam Sadiq (peace be upon him): Halabi narrates: Imam Sadiq (peace be upon him) said concerning فَتَحْرِیرُ رَقَبَةٍ مُّؤْمِنَةٍ [then the freeing of a believing slave]: "The slave must be a believer."

Imam Sadiq (peace be upon him): Ibn Abi Umayr narrates from one of his companions: Imam Sadiq (peace be upon him) said concerning a Muslim man who was in the land of polytheism and the Muslims killed him, and after this incident the Imam was informed: "In his place a believing slave must be freed, and this is the very statement of Allah the Mighty and Majestic who says: فَإِن کَانَ مِن قَوْمٍ عدُوٍّ لَّکُمْ وَ هُوَ مْؤْمِنٌ فَتَحْرِیرُ رَقَبَةٍ مُّؤْمِنَةٍ [but if he be from a tribe hostile to you and he is a believer, the freeing of a believing slave suffices]. Then he said: وَإِن کَانَ مِن قَوْمٍ بَیْنَکُمْ وَبَیْنَهُمْ مِّیثَاقٌ فَدِیَةٌ مُّسَلَّمَةٌ إِلَی أَهْلِهِ وَتَحْرِیرُ رَقَبَةٍ مُّؤْمِنَةً [and if he is from a tribe between whom and you there is a covenant, the blood-money should be paid to his people along with the freeing of a believing slave]."

The Prophet (peace be upon him and his family): Freeing a child is permissible except in the expiation for killing, for Allah the Mighty and Majestic says: فَتَحْرِیرُ رَقَبَةٍ مُّؤْمِنَةٍ [the freeing of a believing slave] — meaning that the expiation for killing is the freeing of a believing slave whose condition is that they have reached the age of maturity.

Imam Kazim (peace be upon him): Kurdawayh al-Hamdani narrates: Imam Kazim (peace be upon him) was asked about the verse: فَتَحْرِیرُ رَقَبَةٍ مُّؤْمِنَةٍ [then the freeing of a believing slave]: "How is a believer recognised?" He said: "By the fitrah (innate nature)."

Imam Ali (peace be upon him): The believing slave that Allah has mentioned is the one who has reached the age of maturity [and is of sound intellect], and al-nasamah is a slave who knows nothing except what you have taught him, and is a minor.

Ibn Abbas (may Allah have mercy on him): What is meant by رَقَبَةٍ مُّؤْمِنَةٍ [a believing slave] is a believing slave who has reached maturity, has believed, and observes the prayer and the fast; and it is not valid for the expiation of killing to be the freeing of a child slave or a disbelieving slave.

The Prophet (peace be upon him and his family): A man is not held to account for the sin of his son, nor a son for the sin of his father. And among the rational, obliging a weak person [who has no capacity to oppose the ruling] — one who is innocent and clear of that sin — to pay the diyah (blood-money) is not sound or necessary, because this act is not a punishment; rather, it is a legal ruling of the Shariah which brings with it benefits [for society].

Ali ibn Ibrahim (may Allah have mercy on him): The word of Allah where He says: وَ ما کانَ لِمُؤْمِنٍ أَنْ یَقْتُلَ مُؤْمِناً إِلَّا خَطَأً [And it does not behoove a believer to kill a believer except by mistake] means neither intentionally nor by mistake, and "إِلَّا" here is in the position of "لا" of negation, not in the position of an exception. Then He continues: مَنْ قَتَلَ مُؤْمِناً خَطَأً فَتَحْرِیرُ رَقَبَةٍ مُؤْمِنَةٍ وَ دِیَةٌ مُسَلَّمَةٌ إِلی أَهْلِهِ إِلَّا أَنْ یَصَّدَّقُوا [whoever kills a believer by mistake, he should free a believing slave, and blood-money should be paid to his people unless they remit it as alms] — meaning they forgive the diyah (blood-money). Then He said: فَإِنْ کانَ مِنْ قَوْمٍ عَدُوٍّ لَکُمْ وَ هُوَ مُؤْمِنٌ فَتَحْرِیرُ رَقَبَةٍ مُؤْمِنَةٍ [but if he be from a tribe hostile to you and he is a believer, the freeing of a believing slave] — in this case there is no diyah at all, meaning when one of the believers is in the abode of the enemies [and lives in their land, his people being unbelievers], no diyah is due for the slain person [because paying such diyah would require handing over the property of the Muslims to the unbelievers], and it is obligatory on the killer that he free a believing slave. This is the saying of the Prophet (peace be upon him and his family): "Whoever takes up residence in the lands of the people of unbelief, his protection has been lifted from him." Then the verse says: وَ إِنْ کانَ مِنْ قَوْمٍ بَیْنَکُمْ وَ بَیْنَهُمْ مِیثاقٌ فَدِیَةٌ مُسَلَّمَةٌ إِلی أَهْلِهِ وَ تَحْرِیرُ رَقَبَةٍ مُؤْمِنَةٍ [and if he is from a tribe between whom and you there is a covenant, the blood-money should be paid to his people along with the freeing of a believing slave] — meaning if the believer who was killed was residing in a city that is a city of the unbelievers, and between the polytheists of that city and the Prophet (peace be upon him and his family) or the Imam (peace be upon him) there is a covenant and treaty of peace whose term has not expired, and that believer was killed in this state and was living among the polytheistic people party to the treaty, then in addition to paying the diyah — which is certainly his responsibility and must be handed to the family of the slain — the killer must also free one believing slave. And He continues: دِیَةٌ مُسَلَّمَةٌ إِلی أَهْلِه فَمَنْ لَمْ یَجِدْ فَصِیامُ شَهْرَیْنِ مُتَتابِعَیْنِ تَوْبَةً مِنَ اللهِ وَ کانَ اللهُ عَلِیماً حَکِیماً [blood-money paid to his people; but he who cannot find (a slave) should fast for two months successively: a penance from Allah, and Allah is Knowing, Wise].

Imam Sadiq (peace be upon him): Mas'adah ibn Sadaqah said: Imam Sadiq (peace be upon him) was asked about the verse: وَ مَا کَانَ لِمُؤْمِنٍ أَن یَقْتُلَ مُؤْمِنًا إِلاَّ خَطَئًا وَمَن قَتَلَ مُؤْمِنًا خَطَئًا فَتَحْرِیرُ رَقَبَةٍ مُّؤْمِنَةٍ وَ دِیَةٌ مُّسَلَّمَةٌ إِلَی أَهْلِهِ [And it does not behoove a believer to kill a believer except by mistake, and whoever kills a believer by mistake, he should free a believing slave, and blood-money should be paid to his people]. He said: "As for freeing a believing slave, it is a matter between him and his Lord; and as for the diyah (blood-money), it is to be handed to the guardians of the slain." Regarding فَإِن کَانَ مِن قَوْمٍ عدُوٍّ لَّکُمْ [but if he be from a tribe hostile to you], he said: "If the slain was from the people of polytheism (those who have no peace treaty), and he himself was a believer — وَ هُوَ مْؤْمِنٌ فَتَحْرِیرُ رَقَبَةٍ مُّؤْمِنَةٍ [and he is a believer, the freeing of a believing slave] — then the freeing of a believing slave is a matter between him and his Lord, and there is no diyah. وَ إِن کَانَ مِن قَوْمٍ بَیْنَکُمْ وَ بَیْنَهُمْ مِّیثَاقٌ [and if he is from a tribe between whom and you there is a covenant] — he must free a believing slave, which is a matter between him and his Lord, and pay blood-money to the people of the slain."

Imam Sadiq (peace be upon him): Ala ibn al-Fudayl narrates: Imam Sadiq (peace be upon him) said regarding unintentional killing: "Its blood-money is one hundred camels, or one thousand sheep, or ten thousand dirhams, or one thousand dinars. Of the one hundred camels: twenty-five female camels that have entered their second year, twenty-five two-year-old female camels that have entered their third year, twenty-five camels that have entered their fourth year, and twenty-five camels that have entered their fifth year. And the blood-money for the unintentional killing that resembles the intentional — that is, when you strike someone once or twice without intending to kill him — is in three thirds: one third of it is thirty-three camels that have entered their fourth year, another third is thirty-three camels that have entered their fifth year, and the remainder is thirty-four camels that have entered their sixth year, and all of them are pregnant and fit for mating. And if the blood-money is from sheep, it is one thousand rams. And the blood-money for intentional killing is retaliation in kind (qisas) or the consent of the guardian of the slain."

Imam Sadiq (peace be upon him): The blood-money is one hundred camels.

Imam Sadiq (peace be upon him): The blood-money is ten thousand dirhams or one thousand dinars.

Imam Sadiq (peace be upon him): Amir al-Mu'minin (peace be upon him) ruled, in the chapter on blood-money, concerning the unintentional killing that resembles the intentional — that which is carried out with the blow of a staff, or a whip, or a stone — with "diyah mughallazah", that is, blood-money paid with severity and stringency, which is one hundred camels: forty pregnant she-camels, ranging from a camel that has entered its sixth year to an eight-year-old camel that has entered its ninth year, and thirty four-year-old camels, and thirty two-year-old young camels that have entered their third year. Regarding unintentional killing he said: "Out of the one hundred camels, thirty are four-year-old camels, and thirty are two-year-old young camels that have entered their third year, and twenty are female young camels that have entered their second year, and twenty are two-year-old male young camels that have entered their third year. The value of each camel, based on silver coinage, is one hundred dirhams, and based on gold coinage, ten dinars. And if the price of one sheep is not equivalent to the price of an aged camel, one may pay twenty sheep for each camel."

Imam Sadiq (peace be upon him): The blood-money for unintentional killing, even if the person had no intent, is one hundred camels, or ten thousand dirhams of silver, or one thousand sheep. He also said: "The 'diyah mughallazah', which resembles the intentional but is not intentional, is greater than the blood-money for the unintentional, and it is camels of the same age: thirty-three of them are camels that have entered their fourth year, thirty-three have entered their fifth year, and the remaining thirty-four [have given birth twice], that is, they have entered their sixth year, and all of them are fit for being covered by the male."

Imam Sajjad (peace be upon him): The Imam was asked about freeing a Muslim captive and handing him over to a people against whom war had been waged. He said: "If one of the Muslims grants safe-conduct to one of the polytheists [and keeps him in his protection], it is not obligatory that they come under the general protection of the Muslims; rather, the conditions of Islam are presented to him. If they accept to become Muslims or to enter under the dhimma and protection of the Muslims [that is well]; otherwise they must be returned to their place of refuge and their own city, and fighting resumed against them. But if one of them is killed before this is done, then upon the one who killed him is what Allah the Mighty and Majestic said: 'the freeing of a believing slave and the payment of the obligatory blood-money to the family of the slain.' And this matter has been narrated to us from the Messenger of Allah (peace be upon him and his family)."

Ali ibn Ibrahim (may Allah have mercy on him): And the word of Allah who said: فَإِنْ کانَ مِنْ قَوْمٍ عَدُوٍّ لَکُمْ وَ هُوَ مُؤْمِنٌ فَتَحْرِیرُ رَقَبَةٍ مُؤْمِنَةٍ [But if he be from a people hostile to you and he is a believer, then the freeing of a believing slave] — in this case blood-money is no longer at issue. That is, when one of the believers is killed while he is in the abode of the enemies [and living in their land, and his people are disbelievers], no blood-money is obligatory for the slain [because that would require paying the wealth of the Muslims to the disbelievers], and it is obligatory upon the killer to free a believing slave. This is the same as the statement of the Prophet (peace be upon him and his family) who said: "Whoever takes up residence in the lands of the disbelievers, the covenant of protection is lifted from him." Then the verse says: وَ إِنْ کانَ مِنْ قَوْمٍ بَیْنَکُمْ وَ بَیْنَهُمْ مِیثاقٌ فَدِیَةٌ مُسَلَّمَةٌ إِلی أَهْلِهِ وَ تَحْرِیرُ رَقَبَةٍ مُؤْمِنَةٍ [And if he is from a people between whom and you there is a covenant, then blood-money paid to his family and the freeing of a believing slave] — that is, if the believer who was killed was residing in a city that is a city of the disbelievers, and between the polytheists of that city and the Prophet or the Imam there is a covenant and treaty of peace whose term has not expired, and that believer was killed in this situation while he was living among the polytheist people party to the agreement, then upon the killer, in addition to paying the blood-money which is certainly upon him and must be given to the family of the slain, it is also required that he free a believing slave. Then it continues: فَدِیَةٌ مُسَلَّمَةٌ إِلی أَهْلِهِ وَ تَحْریرُ رَقَبَةٍ مُؤْمِنَة فَمَنْ لَمْ یَجِدْ فَصِیامُ شَهْرَیْنِ مُتَتابِعَیْنِ تَوْبَةً مِنَ اللهِ وَ کانَ اللهُ عَلِیماً حَکِیماً [blood-money paid to his family and the freeing of a believing slave; and whoever cannot find (a slave), then fasting for two consecutive months, a repentance from Allah, and Allah is Knowing, Wise].

Imam Kazim (peace be upon him): Ali ibn Ja'far narrates from his brother Imam Kazim (peace be upon him): I asked about a man who kills his own slave. He said: "He must free a slave, fast two consecutive months, and feed sixty poor people, and after that repent."

Imam Sadiq (peace be upon him): The freeing of a believing slave obliges the killer to pay an expiation for the killing he has carried out.

Imam Sadiq (peace be upon him): Fadl ibn Abd al-Malik narrates from Imam Sadiq (peace be upon him) who said: Whenever the striker strikes the one struck with an iron weapon, if he dies, the killing is intentional killing. I asked about unintentional killing which carries blood-money and expiation: "Is it the same killing in which one person strikes another and does not intend to bring about his death?" He said: "Yes." I said: "And if he throws something and it strikes someone, what then?" He said: "That is the very unintentional killing about which there is no doubt, and he must pay the expiation and the blood-money."

Imam Sadiq (peace be upon him): Ali (peace be upon him) used to say regarding accidental killing: "Twenty-five two-year-old female camels that have entered their third year, twenty-five female camels that have entered their second year, twenty-five four-year-old camels, and twenty-five camels that have entered their fifth year." And he said regarding quasi-intentional killing: "Thirty-three five-year-old she-camels — that is, a camel that has given birth twice — up to a camel that in that year has entered its eighth year, all of them pregnant, and thirty-four camels that have given birth twice."

Imam Sadiq (peace be upon him): Sama'a ibn Mihran said: I asked Imam Sadiq (peace be upon him) or Imam Musa Kazim (peace be upon him): "Is there any repentance for one who kills a believer?" He said: "No, unless he pays the blood-money to the family of the slain, frees a believing slave, fasts two consecutive months, seeks forgiveness from Allah, and beseeches Him — and if he does that, I hope that his repentance will be accepted." I said: "What if he cannot pay the blood-money?" He said: "He should borrow from the Muslims and pay the blood-money to the family of the slain."

Imam Sadiq (peace be upon him): By Allah, fasting the month of Sha'ban and Ramadan is that very [thing which constitutes the acceptance of] repentance from Allah. Then he recited this verse: فَصِیامُ شَهْرَیْنِ مُتَتابِعَیْنِ تَوْبَةً مِنَ اللهِ [then he should fast for two consecutive months: a repentance from Allah].

Imam Sadiq (peace be upon him): Sulayman narrates: I said to Imam Sadiq (peace be upon him): "What do you say about a person who fasts the months of Sha'ban and Ramadan?" He said: "These two are the very two months about which Allah the Blessed and Exalted has said: شَهْرَیْنِ مُتَتَابِعیْنِ تَوْبَةً مِّنَ اللهِ [two consecutive months: a repentance from Allah]."

Imam Sajjad (peace be upon him): Zuhri narrates: Imam Sajjad (peace be upon him) said: "Fasting has forty types: ten of them are obligatory like the obligation of the month of Ramadan, and ten of them are types whose fasting is forbidden, and fourteen others there are in which the person has a choice — if he wishes he may fast and if he wishes he may break the fast — and the rest are the fasts of permission, which are themselves of three kinds, and the fast of discipline, the fast of dispensation, and the fast of travel and illness." I said: "May I be your ransom, explain them for me." He said: "As for the obligatory ones: the fast of the month of Ramadan, and the fast of two consecutive months for one who has killed a person by mistake and does not have a slave to free — this fast is obligatory according to the word of Allah the Mighty and Majestic: مَنْ قَتَلَ مُؤْمِناً خَطَأً فَتَحْریرُ رَقَبَةٍ مُؤْمِنَةٍ وَ دِیَةٌ مُسَلَّمَةٌ إِلی أَهْلِهِ إِلاَّ أَنْ یَصَّدَّقُوا فَإِنْ کانَ مِنْ قَوْمٍ عَدُوٍّ لَکُمْ وَ هُوَ مُؤْمِنٌ فَتَحْریرُ رَقَبَةٍ مُؤْمِنَةٍ وَ إِنْ کانَ مِنْ قَوْمٍ بَیْنَکُمْ وَ بَیْنَهُمْ میثاقٌ فَدِیَةٌ مُسَلَّمَةٌ إِلی أَهْلِهِ وَ تَحْریرُ رَقَبَةٍ مُؤْمِنَةٍ فَمَنْ لَمْ یَجِدْ فَصِیامُ شَهْرَیْنِ مُتَتابِعَیْنِ تَوْبَةً مِنَ اللهِ وَ کانَ اللهُ عَلیماً حَکیماً [and whoever kills a believer by mistake, he should free a believing slave and blood-money should be paid to his people unless they remit it as alms; but if he be from a tribe hostile to you and he is a believer, then the freeing of a believing slave; and if he is from a tribe between whom and you there is a covenant, then blood-money should be paid to his people along with the freeing of a believing slave; and whoever does not find [a slave], then fasting two consecutive months as a repentance from Allah, and Allah is Knowing, Wise] is obligatory."