'In the name of Allah, the Most Gracious, the Most Merciful' His saying, the Exalted: "And it is not for a believer to kill a believer except by mistake. And whoever kills a believer by mistake, then the freeing of a believing slave and a compensation paid to his family, unless they give up [the right to retaliation]. But if he is from a people at war with you and he is a believer, then the freeing of a believing slave. And if he is from a people with whom you have a treaty, then a compensation paid to his family and the freeing of a believing slave. And whoever does not find [a slave] then fasting for two consecutive months is an expiation from Allah. And Allah is Knowing and Wise." The majority of the commentators said: The meaning of this verse is: And it is not permitted by the permission of Allah, and in His command for a believer to kill a believer in any way. Then He made an exception that is not connected to the first, which is that there may be a mistake, as in the saying of the poet: 'The emptiness has become a place where no companion is found except for the wild beasts and the passing wind.' The judge Abu Muhammad, may Allah have mercy on him, said: 'Emptiness' is the name of a valley, and 'the passing wind' refers to trees that are tanned with their hides. And as Jarir said: 'Of the white [sheep], they did not wander far and did not step on the ground except for the tail of a traveling garment.' And in this evidence, there is consideration. Another interpretation of the verse is that 'was' is understood to mean: it has settled and existed, as if He said: And it has not existed nor settled nor been permissible for a believer to kill a believer except by mistake, since he is sometimes overwhelmed in this matter. Thus, the exception in this case is not disconnected, and the verse implies the gravity of deliberate killing and the heinousness of its matter, as you say: It was not for you, O so-and-so, to speak this except by forgetting, emphasizing the gravity of deliberate action and intent with the danger of speaking it at all. And Al-Zuhri read 'mistake' as 'khat'an' without a hamzah, while Al-Hasan and Al-Amash read it with a hamzah and elongated. Mujahid and Ikrimah said: 'This verse was revealed concerning Ayash ibn Abi Rabiah al-Makhzumi when he killed Al-Harith ibn Yazid ibn Nabisha, because he was torturing him in Mecca. Then Al-Harith embraced Islam and came as an emigrant, and Ayash met him in Al-Harra and thought he was still a disbeliever, so he killed him. Then he came and informed the Prophet, blessings and peace be upon him, and this distressed him, and the verse was revealed. The Messenger of Allah, blessings and peace be upon him, said to him: 'Stand up and free [a slave].' Ibn Zayd said: 'It was revealed concerning a man whom Abu Darda killed. He was grazing sheep while he was testifying, and Abu Darda killed him and brought his sheep to the Messenger of Allah, blessings and peace be upon him, and the verse was revealed.' It is said: 'It was revealed concerning Abu Hudhayfah al-Yamani when he was mistakenly killed on the day of Uhud.' And it is said otherwise, and Allah knows best.

And His saying, exalted is He: "And whoever kills a believer..." This verse clarifies the ruling regarding a believer if he kills another believer by mistake. The essence of mistake is that he does not intend to kill. There are many forms of mistake that cannot be counted, all of which are linked by the absence of intention. Ibn Abbas, Al-Hasan, Al-Sha'bi, Al-Nakha'i, Qatadah, and others said: The believing soul is the adult who has embraced faith, and the small one does not suffice in this matter. And 'Ata ibn Abi Rabah said: Every person who is judged by the ruling of Islam regarding praying for him if he dies and his burial is sufficient. Malik said: Whoever prays and fasts is more beloved to me. The scholars have agreed that a significant deficiency, such as the loss of both hands or both legs, or being blind, does not suffice in what I have preserved. If the deficiency is minor and allows for a living and a profession, like lameness and the like, then there are two opinions regarding it.

And "Musallamah" means: a performed and paid compensation, and it is upon the family in what is permissible of one-third of the blood money. And "unless they give charity" refers to the relatives of the slain. Ubayy ibn Ka'b read: "they give charity," and Al-Hasan, Abu Abd al-Rahman, and Abd al-Warith from Abu Amr read: "they give charity" with the 'ta' addressing the present. Nubaish al-Anzi read "they give charity" with the 'ta' and a softened 'sad.' The blood money is one hundred camels for the people of camels among some tribes, and among others, it is for all people, unless the people of gold and silver do not find camels. Then they switch to gold and silver, giving from it the value of the camels at the time of the incident, whatever it may reach. There is a difference regarding the one hundred camels. Ali ibn Abi Talib, may Allah be pleased with him, said: It is a quarter, thirty she-camels, thirty young camels, twenty she-camels that have given birth, and twenty she-camels that are pregnant. Abdullah ibn Mas'ud said: It is a fifth, twenty she-camels, twenty young camels, twenty she-camels that have given birth, twenty she-camels that are pregnant, and twenty male camels. Some jurists have a different arrangement. Umar ibn al-Khattab, may Allah be pleased with him, and others see the blood money from cattle as two hundred cows, and from sheep as two thousand sheep, and from garments as one hundred garments. This was reported in a hadith from the Prophet, blessings and peace be upon him, in the Musannaf of Abu Dawood. A garment is two pieces of the same type in the language of the Arabs, and at that time it was a description that equaled one hundred camels, and the saying continued on that. As for gold, it is one thousand dinars, which Umar, may Allah be pleased with him, established, and people followed it. As for silver, Umar, may Allah be pleased with him, established it at twelve thousand, and Malik and a group say: ten thousand dirhams.

And His saying, the Most High: ﴿So if it is from a people who are enemies to you﴾, the meaning according to Ibn Abbas, Qatadah, Al-Suddi, Ibrahim, Ikrimah, and others is: If this killed person was mistakenly a believer who has believed and remained among his people who are disbelievers and enemies to you, then there is no blood money for him. Rather, his expiation is the freeing of a neck. The reason for its revelation among them is that the armies of the Messenger of Allah, blessings and peace be upon him, would pass by the tribes of the disbelievers, and perhaps someone who had believed but did not migrate, or someone who had migrated and then returned to his people, would be killed in the campaigns of war on the basis that he is one of the disbelievers. Thus, the verse was revealed, and the blood money is dropped according to the proponents of this statement for two reasons: The first is that the guardians of the killed person are disbelievers, so it is not correct to pay the blood money to them, as they would become stronger by it. The second is that the sanctity of this one who believed and did not migrate is minimal, so there is no blood money for him. They argued with His saying, the Most High: ﴿And those who believed and did not migrate, you have no guardianship over them until they migrate﴾ [Al-Anfal: 72]. And a group said: Rather, the reason for the dropping of the blood money is that the guardians are only disbelievers. So whether the killed person was mistakenly among the Muslims or among his people who did not migrate, or he migrated and then returned to his people, his expiation is the freeing of a neck, and there is no blood money for him, because it is not correct to pay it to the disbelievers.

The judge Abu Muhammad, may Allah have mercy on him, said: And the one who holds the first statement says: If the believer is killed in the land of the Muslims and his people are at war, then there is blood money for the treasury and expiation.

And His saying, the Most High: ﴿And if it is from a people with whom you have a treaty﴾, the meaning according to Al-Hasan, Jabir ibn Zayd, Ibrahim, and others is: If this killed person was mistakenly a believer from a people who have a treaty with you, then their covenant necessitates that they are more deserving of the blood money of their companion. So his expiation is the freeing of a neck and paying the blood money. Al-Hasan read: "And if it is from a people with whom you have a treaty - and he is a believer -" And Ibn Abbas, Al-Sha'bi, and Ibrahim also said: The killed person from the people of the covenant mistakenly does not matter whether he was a believer or a disbeliever according to the covenant of his people; in him is the blood money like the blood money of a Muslim, and the expiation. There was a difference on this regarding the blood money of the one under treaty. Abu Hanifah and others said: His blood money is like the blood money of a Muslim, and this was narrated from Abu Bakr and Umar, may Allah be pleased with them. Malik and his companions said: His blood money is half of the blood money of a Muslim. And Al-Shafi'i and Abu Thawr said: His blood money is one-third of the blood money of a Muslim.

And His saying, the Most High: ﴿So whoever does not find﴾, the majority intends: So whoever does not find the freeing of a neck, nor does his wealth suffice for it, then the fasting of two consecutive months is sufficient for him, in which there is no interruption of breaking the fast. And Makki said from Al-Sha'bi: The fasting of two months is sufficient for the blood money and the freeing of a neck for whoever does not find them. And this statement is a misconception, because the blood money is upon the 'aqilah and not upon the killer. And Al-Tabari narrated the saying from Masruq. And "repentance" is in the accusative case, and its meaning is: a return to ease and facilitation.