And it is not appropriate for a believer, nor is it right for him, nor does it suit his condition, as in His saying: "And it is not for a Prophet to act dishonestly," and "And it is not for us to return to it." To kill a believer initially, except in the case of a mistake, except by way of error. If you say: What is the reason for the word 'mistake' being in the accusative? I say: It is an object of purpose, meaning it is not appropriate for him to kill him for any reason except for the mistake alone. It may also be an adverb meaning he does not kill him in any circumstance except in the case of a mistake, and it may be an adjective for the source except for killing by mistake. The meaning is that it is characteristic of a believer that the existence of killing a believer initially is entirely negated, except if a mistake occurs from him unintentionally, such as when he throws at a disbeliever and accidentally hits a Muslim, or he throws at a person thinking he is a disbeliever, but he is actually a Muslim. And it has been read: 'mistake' with elongation, and 'mistake' with the weight of 'blindness' with the lightening of the hamzah. It has been narrated that 'Ayyash ibn Abi Rabi'ah - who was the brother of Abu Jahl through his mother - accepted Islam and migrated out of fear of his people to Medina, and that was before the migration of the Messenger of Allah, blessings and peace be upon him. His mother swore that she would neither eat nor drink nor would any roof shelter her until he returned. Abu Jahl went out with Al-Harith ibn Zayd ibn Abi Anisa and they came to him while he was in a fort. Abu Jahl killed him in a treacherous manner, and he said: "Isn't Muhammad urging you to maintain family ties? Go back and be good to your mother while you are on your religion," until he descended and went with them. When they reached Medina, they tied him up, and each of them whipped him one hundred lashes. He said to Al-Harith: "This is my brother, so who are you, O Al-Harith? By Allah, if I find you alone, I will kill you," and they brought him to his mother. She swore that she would not untie him or turn back until he did so. He did, and then he migrated after that and accepted Islam, and Al-Harith accepted Islam and migrated. 'Ayyash met him behind Quba - not knowing of his Islam - and he attacked him and killed him. Then he informed of his Islam and came to the Messenger of Allah, blessings and peace be upon him, and said: "I killed him without knowing of his Islam."

And Hisham and a young man were held back from us. Abu Jahl and his brother Al-Harith went to 'Ayyash in the city and spoke to him, saying: "Your mother vowed not to touch her head with a comb," and he mentioned the story in full. Then the verse was revealed: "So the freeing of a neck"; thus, he must free a neck. And freeing means emancipation. The free person and the emancipated one are noble, for nobility is in the free as meanness is in the slaves. From this comes the term 'the freed horses' and 'the freed birds' for their nobility. The 'free face' is the most honorable part of it. And they call the mean person 'a slave,' and so-and-so is a slave of the action, meaning the action is mean. The neck refers to the soul, as it is expressed by the head in their saying: "So-and-so owns such-and-such heads of slaves." The intended meaning of a believing neck is every neck that is under the rule of Islam according to the majority of scholars. Al-Hasan said: It is not sufficient except for a neck that has prayed and fasted, and the small one does not suffice. Al-Shafi'i based on this for the expiation of zihar, stipulating faith. It is said: When he has freed a believing soul from the totality of the living, he is obliged to enter a soul like it into the totality of the free, for releasing it from the bondage of servitude is like reviving it, for the slave is prevented from the actions of the free. It is delivered to its family, paid to its heirs, who share it as they share inheritance, with no difference between it and other inheritances in anything. Debts are paid from it, and the will is executed, and if there are no heirs, it belongs to the public treasury, for the Muslims take the place of the heirs, as the Messenger of Allah, blessings and peace be upon him, said: "I am the heir of one who has no heir." [Narrated by Abu Dawood, Al-Nasa'i, and Ibn Majah from the hadith of Al-Miqdam ibn Ma'di Karb, with a more complete version.] And it is reported from Umar, may Allah be pleased with him, that he ruled on the blood money of the killed, and his wife came to seek her inheritance from his blood money, and he said: "I do not know of anything for you; the blood money is for the relatives who take responsibility for it." Then Al-Dahhak ibn Sufyan Al-Kalabi stood up and said: "The Messenger of Allah, blessings and peace be upon him, wrote to me ordering me to inherit the wife of Ashim Al-Dababiy from the blood money of her husband Ashim." So Umar inherited her. [Narrated by the compilers of the Sunan from the narration of Sa'id ibn Al-Musayyib: "Umar, may Allah be pleased with him, used to say: The blood money is for the relatives; a woman does not inherit anything from her husband's blood money until Al-Dahhak ibn Sufyan said to him: The Messenger of Allah, blessings and peace be upon him, wrote to inherit the wife of Ashim Al-Dababiy from the blood money of her husband. So Umar, may Allah be pleased with him, retracted his statement.] And Ibn Mas'ud reported: Every heir inherits from the blood money except the killer. And from Sharik: No debts are paid from the blood money, nor is the will executed.

And from Rabi'ah: The compensation is solely for the mother of the fetus, and this is contrary to the opinion of the majority. (If you say): Upon whom is the neck and blood money obligatory? I say: Upon the killer, except that the neck is in his wealth, and the blood money is borne by the relatives; if he has no relatives, it is in the public treasury; if not, then it is in his wealth, unless they give charity to him, meaning forgiveness, as in His saying: "Except that they forgive" and similar to it: "And that you give charity is better for you." And the Prophet, blessings and peace be upon him, said: "Every good deed is charity." [Narrated by Al-Bukhari and Muslim from the hadith of Hudhayfah, may Allah be pleased with him.] And Ubayy read: "Except that they give charity." If you say: What does it depend on that they give charity, and what is its position? I say: It depends on 'upon him,' or on 'Muslimah,' as if it were said: And the blood money is obligatory upon him or he must deliver it, except when they give charity to him. Its position is in the accusative as a circumstance, assuming the time is omitted, as in their saying: Sit as long as Zayd is sitting.

And it is permissible for it to be a state of his family, meaning except for those who are charitable from a people who are enemies to you, from a people of disbelief, the people of war. This is like a man who converts to Islam among his disbelieving people while he is among them and does not separate from them. Therefore, if he is killed mistakenly, his killer must provide expiation, and there is nothing upon his family because they are disbelievers and warring. It is said that a man would convert to Islam and then come to his people who are polytheists, and the army of Muslims would invade them, and he would be mistakenly killed among them because they think he is a disbeliever like them. And if he is from a people of disbelievers who have a covenant, like the polytheists who have made a pact with the Muslims and the people of covenant from the People of the Book, then his ruling is the ruling of a Muslim from Muslims. So whoever does not find a neck (to free), meaning he does not own it nor what he can use to obtain it, then upon him is the fasting of two consecutive months as repentance from Allah, acceptance from Allah, and mercy from Him. Whoever repents, Allah accepts his repentance, meaning He has prescribed this as a repentance from Him, or He has transferred you from freeing a neck to fasting as a repentance from Him. This verse contains threats, warnings, and admonitions. [Mahran said: 'In this verse there is a threat and a warning... etc.' Ahmad said: 'And sufficient is His saying in this surah (Indeed, Allah does not forgive that partners be associated with Him, but He forgives what is less than that for whom He wills) as a clear evidence that the killer who is a monotheist - even if he does not repent - is in the will of Allah, and his matter is with Allah. If He wills, He will punish him, and if He wills, He will forgive him. The discussion on the verse has passed, and what is with the covenant from the past.

As for the attribution of the people of the Sunnah to the Ash'ariyyah, that does not harm them because they have only intruded upon the grace of the Most Generous of the Generous and the Most Merciful of the Merciful, and they have not despaired of the mercy of Allah. Indeed, none despairs of the mercy of Allah except the wrongdoing people. This is a great matter and a serious issue. Hence, it has been narrated from Ibn Abbas what has been narrated that the repentance of a killer of a believer intentionally is not accepted. [It is agreed upon from the narration of Sa'id ibn Habib from Ibn Abbas in His saying: (And whoever kills a believer intentionally, his recompense is Hell) he said: 'There is no repentance for him.' And in another narration from both of them about him, he said: 'I said to Ibn Abbas: Is there repentance for one who kills a believer intentionally? He said: No.' (Benefit) Ibn Abi Shaiba said: 'Yazid ibn Harun narrated to us that Abu Malik al-Ash'ari narrated from Sa'd ibn Ubaidah who said: A man came to Ibn Abbas and said: Is there repentance for one who kills a believer? He said: No, to the Fire. When he left, his companions said to him: This is not how you used to give us fatwas; you used to tell us that there is an accepted repentance for one who kills a believer. What about today? He said: I think he is a man who is angry and wants to kill a believer. They sent after him and found him to be so.' ] And from Sufyan: The people of knowledge, when asked, said: 'There is no repentance for him,' and this is carried among them on following the Sunnah of Allah in severity and strictness, and otherwise, every sin is erased by repentance. And sufficient is the erasure of polytheism as evidence. And in the hadith: 'The removal of the world is easier for Allah than killing a Muslim person.' [Narrated by al-Tirmidhi and al-Nasa'i from the narration of Shu'bah from Ya'la ibn 'Ataa from his father from Abdullah ibn 'Umar. And the like with the wording 'Whoever kills a Muslim man.' They narrated it as a stopped narration. And it is more authentic. And al-Bazzar narrated it and said: 'We do not know anyone who transmitted it from Shu'bah except Ibn Abi 'Aadi.

And it was narrated by Ibn Abi Shaiba and Abu Ya'la from the narration of al-Thawri from Ya'la ibn 'Ataa with it as a raised narration, and al-Nasa'i narrated it from another source as a raised narration.

And in the chapter about Buraidah, it was narrated by Al-Nasa'i and Ibn 'Adi. And Al-Bayhaqi in Al-Shu'ab, with the wording, 'And the killing of a believer is greater with Allah than the destruction of the world.' In it is Bishr ibn Al-Muhajir, and he is weak. And from Al-Bara' ibn 'Azib, may Allah be pleased with them both, it was narrated by Ibn Majah and Al-Bayhaqi with the wording, 'The destruction of the world is easier with Allah than the killing of a believing man - and he added: and the believer is more honored with Allah than the angels who are with Him.' In its chain is Abu Al-Mahzam Yazid ibn Sufyan.