Ruh al-Ma'ani on Al-Isra 17:33

Surah Al-Isra 17:33

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ﲄ ﲅ ﲆ ﲇ ﲈ ﲉ ﲊ ﲋ ﲌ ﲍ ﲎ ﲏ ﲐ ﲑ ﲒ ﲓ ﲔ ﲕ ﲖ ﲗ ﲘ ﲙ ﲚ ﲛ

And do not kill the soul which Allah has forbidden, except by right. And whoever is killed unjustly - We have given his heir authority, but let him not exceed limits in [the matter of] taking life. Indeed, he has been supported [by the law].

{And do not kill the soul which Allah has forbidden} Meaning, which Allah the Exalted has forbidden. The intent of the prohibition is the killing of that soul, as it has been made inviolable by Islam or by a covenant.

{Except by right} This is linked to "do not kill," and the ba (in bil-haqq) indicates causality. The exception is mufarragh (disconnected), meaning: Do not kill them for any cause whatsoever, except for a cause of right. It is also permissible for it to be a hal (state) of the subject or the object—meaning: Do not kill except while you are in a state of acting by right, or do not kill them except while they are in a state of deserving it by right. It has also been suggested that it is an attribute of an omitted verbal noun, meaning: Do not kill them with any killing at all, except for a killing that is justified by right. The first view is the most manifest. As for linking it to "forbidden," it is far-fetched, even if valid.

The "right" has been interpreted by what the Two Shaykhs [Al-Bukhari and Muslim] and others recorded from Ibn Mas'ud: "The blood of a Muslim who testifies that there is no god but Allah and that I am the Messenger of Allah is not lawful except for one of three: a soul for a soul, a previously married adulterer, and one who abandons his religion and separates from the community." The exclusivity is challenged by the defense against an aggressor, as that may lead to killing. This is refuted by the fact that the intent of the hadith is what is intended by its very essence, whereas the latter is intended for defense, even if it occasionally leads to killing. The truth is that the "right" is not restricted to what was mentioned; the exclusivity in the hadith is not literal. The Shafi'is held that abandoning prayer due to laziness permits killing, as does sodomy, according to a group of eminent scholars.

{And whoever is killed unjustly} Meaning: without a right that necessitates killing or makes it lawful for the killer. Indeed, it is not even considered lawful for anyone other than the killer; our scholars have decreed that if someone upon whom retaliation is due is killed by someone other than the one entitled to retaliation, it does not discharge the obligation, even if the guardian says, "I commanded him to do that," unless the command was manifest.

{We have given his guardian} Meaning: whoever is in charge of his affair, whether the heir or the authority in the absence of an heir. Some restricted it to the former, observing the most common scenario.

{Authority} Meaning: empowerment and mastery over the killer by holding him accountable through one of two matters: retaliation or blood money. Sometimes blood money is mandatory, as in cases of accidental killing. One killed by mistake is killed "unjustly" in the sense indicated, even if we say there is no sin in accidental killing, due to the hadith, "The mistake has been lifted from my nation," and the prescription of kaffarah (expiation) for it, due to a lack of due caution and the failure to avoid what leads to it. Reflect on this.

It has been argued, based on interpreting the "guardian" as the heir, that women have a role in retaliation. Al-Qadi Isma'il said: She is not included because the wording is masculine.

{So let him not exceed limits in killing} Meaning: the guardian should not exceed the prescribed limit by, for instance, killing two people when the killer was only one, as was the custom of the Age of Ignorance; for if one of them were killed, they would kill the perpetrator and others with him. It is from this that Muhalhil said: "Every slain one of Kulayb is a shame/debt, until the killing reaches the house of Murrah." Ibn Jubayr took this view, as did Al-Mundhir through Abu Salih from Ibn Abbas.

Or, it means killing someone other than the killer while leaving the killer. This is narrated from Zayd ibn Aslam; Al-Bayhaqi recorded in his Sunan from him that in the Age of Ignorance, if a low-ranking person killed a noble, they would not kill him in retaliation but would kill a noble from his tribe; thus, this was forbidden.

Or, it means exceeding the killing by muthlah (mutilation), as has been said. Ibn Jarir and others recorded from Talq ibn Habib that he said: "He does not kill anyone other than the killer, nor does he mutilate him." It has also been said that it means killing the killer when blood money is what is prescribed. Ibn Abi Hatim and others recorded from Qatadah regarding the verse: "Whoever is killed with an iron weapon is killed with an iron weapon, and whoever is killed with a piece of wood is killed with a piece of wood, and no one is killed but the killer." This includes the opinion that killing with a heavy object necessitates retaliation, which is contrary to our school.

Hamzah and Al-Kisa'i read fala tusrif (so do not exceed, addressing the guardian) as a shift in discourse (iltifat). Abu Muslim, the Sahib ad-Dawlah, read fala yusrif (let him not exceed) in the nominative, as an indicative statement in the sense of a command, which contains an emphasis not present in the command form itself.

{Indeed, he is supported} This provides the rationale for the prohibition. The pronoun also refers to the guardian, meaning: Allah the Exalted supported him by making retaliation or blood money mandatory and commanding the authorities to assist him in securing his right, so let him not seek anything beyond his right, and let him not exit the circle of the Supporter’s command.

Ibn Jarir, Ibn al-Mundhir, and Ibn Abi Hatim recorded from Mujahid that the pronoun refers to the slain person, meaning that Allah supported him in this world by securing retaliation or blood money, and in the hereafter with reward; therefore, his guardian should not exceed the limits regarding his affair.

It is also permissible that it refers to the one who transgressed, meaning: Allah supported the guardian by making retaliation and discretionary punishment mandatory, and the burden of sin falls upon the one who transgressed regarding him. Others said the pronoun in "exceed" refers to the killer, meaning the one who intends to kill and initiates it. Al-Kashshaf attributes this to Mujahid, and the two pronouns in the justification return to the guardian or the slain. This is supported by Ubayy’s reading, "So do not exceed (plural)," because the killers are multiple in the structure of the verse "And do not kill." The principle is that the two readings should align; the inconsistency is not meant because "guardian" is generic in the verse, so it is in the meaning of "guardians," thus it is permissible to pluralize the pronoun in this regard, and it is a shift in discourse, and the agreement of the two readings is not mandatory.

The meaning is: let him not exceed the limit against his own soul in the matter of killing by exposing it to destruction in the immediate and the hereafter. In Al-Kashf, it is stated that this is a deterrent to the killer on the style of "And there is life for you in retaliation," and the prohibition against exceeding is to depict that killing without right is, in any estimation, an excess. Its meaning is: let him not kill without right. You know that this perspective is weak and should not be relied upon.

This verse, as more than one narrator recorded from Ad-Dahhak, is the first verse revealed regarding killing. You know that the most correct view is that it is the greatest of the major sins after associating partners with Allah. It is agreed upon that intentional, aggressive killing is a major sin. That semi-intentional killing is among them is stated by Al-Harawi and Shurayh Al-Ruyani. As for accidental killing, the correct view is that it is not a sin, let alone a major one. Keep this in mind.

Tafsir of Al-Isra 17:33

Ruh al-Ma'ani

{And do not kill the soul which Allah has forbidden} Meaning, which Allah the Exalted has forbidden. The intent of the prohibition is the killing of that soul, as it has been made inviolable by Islam or by a covenant.

{We have given his guardian} Meaning: whoever is in charge of his affair, whether the heir or the authority in the absence of an heir. Some restricted it to the former, observing the most common scenario.