| An-Nisa (The Women): (93) And whoever kills a believer intentionally...

It is known that after mentioning the ruling concerning accidental killing, the Almighty followed it with an explanation of the ruling concerning intentional killing. This latter has rulings such as the obligation of Qisas (retaliation) and Diyya (blood money), which the Almighty has already mentioned in Surah Al-Baqarah: {O you who have believed, prescribed for you is retribution [in cases of] the slain...} (Al-Baqarah: 178). Therefore, here, the focus is limited to clarifying the sin and the threat associated with it.

There are several issues within this verse:

Issue 1: The Argument of the Wa'idiyyah (Those who affirm eternal punishment)

The Wa'idiyyah (a theological group) use this verse to argue for two things:

1. The definitive threat of punishment for the grave sinners (Fussaq).
2. Their eternal dwelling in the Fire.

Their line of reasoning is that the conditional particle Man (whoever) in a conditional structure implies universality (encompassing all cases). We have already elaborated on their arguments concerning this in Surah Al-Baqarah regarding the verse: {Yes, whoever earns an evil deed and his sin encompasses him—those are the companions of the Fire, they will abide therein eternally} (Al-Baqarah: 81), and we have thoroughly refuted them.

Al-Wahidi claimed that the scholars adopted many methods to answer this verse. He stated that he does not approve of any of them because they involve either specification (limiting the scope), counter-argumentation, or implication (assuming something not explicitly stated), none of which the wording directly supports.

Al-Wahidi proposed two grounds for his own view:

1. The consensus of the exegetes that the verse was revealed concerning a disbeliever who killed a believer, citing the story behind the revelation.
2. That the phrase {so his recompense is Hell} refers to the future (istiqbal), meaning he will be recompensed with Hell. This is a threat (wa'id), and breaking a threat is an act of nobility (karam). He asserts that it is permissible for God to break His threats against believers.

Regarding the First Ground (The reason for revelation): This is weak. It is established in the principles of jurisprudence (Usul al-Fiqh) that the ruling is derived from the generality of the wording, not the specificity of the cause (sabab). If the wording implying universality is established, then its revelation concerning disbelievers does not invalidate that generality. This argument is thus entirely dismissed.

Furthermore, just as the generality of the wording implies it applies to every killer described by the mentioned attribute, there is another aspect preventing this verse from being restricted to disbelievers:

1. Contextual Consistency (Preceding Verses): The Almighty commanded the believers to strive (Jihad) against the disbelievers, and then taught them what they need when engaged in Jihad. He began by saying: {And never is it for a believer to kill a believer except by mistake...} (An-Nisa: 92), mentioning three expiations for killing a Muslim (in Muslim lands, while residing with people of war, and while residing with people of the covenant). Immediately following this, He mentioned the ruling for intentional killing coupled with a threat. Since the ruling for accidental killing was a ruling specific to Muslims, the ruling for intentional killing—which is the opposite—must also be specific to believers, or at least include them.

2. Contextual Consistency (Following Verse): The Almighty says after this verse: {O you who have believed, when you go forth [to fight] in the cause of Allah, investigate... and do not say to one who gives you [a greeting of] peace, "You are not a believer," seeking the transient goods of worldly life...} (An-Nisa: 94). The exegetes agree that these verses were revealed concerning a group of Muslims who encountered people who declared Islam, yet the Muslims killed them, claiming they only declared faith out of fear. Under this interpretation, this verse was revealed to prohibit believers from killing those who outwardly profess faith. This necessitates that the verse {And whoever kills a believer intentionally} was revealed to prohibit believers from killing believers, ensuring thematic coherence. Thus, what precedes and follows this verse prevents it from being restricted only to disbelievers.

3. The Principle of Munāsabah (Appropriateness): It is established in Usul al-Fiqh that when a ruling follows a suitable description, that description is the effective cause ('illah) for that ruling. By this method, we know that in {And the thief, the male and the female, cut off their hands} (Al-Ma'idah: 38) and {The adulteress and the adulterer, flog each of them} (An-Nur: 2), the cause for cutting is theft, and the cause for flogging is adultery. Similarly here, the cause for this threat must be intentional killing, as this attribute is appropriate for that consequence. If this is the case, then wherever this meaning is established, this ruling must occur. By this reasoning, Al-Wahidi's claim that the verse is specific to disbelievers has no standing.

4. The Source of the Recompense: The source for deserving this threat must either be disbelief (Kufr) or this specific act of killing.
   • If the source is disbelief, then the disbelief must have existed before the killing. In that case, the intentional killing has absolutely no effect on this threat. The verse would then be like saying: "Whoever intentionally kills a person, his recompense is Hell, abiding therein eternally, and the wrath of God is upon him," because the intentional killing has no impact on the threat, making it irrelevant like any other unrelated matter. This is clearly false.
   • If the source is the intentional killing itself, then it must be said that wherever intentional killing occurs, this threat follows. This invalidates the question entirely.

Thus, the reasoning Al-Wahidi preferred is baseless.

Regarding the Second Ground (Breaking the threat is noble): This is extremely corrupt. A threat (wa'id) is a category of factual report (khabar). If it is permissible for God to break His threats, then it is permissible for God to lie, which is a grave error, bordering on disbelief. The rational minds agree that the Almighty is pure from lying. Moreover, if breaking threats is permissible for the sake of nobility, why not break narratives and reports for the sake of expediency? Opening this door leads to undermining the Qur'an and the entire Sharia. Therefore, both of Al-Wahidi's grounds are invalid.

Al-Qaffal narrated another response in his Tafsir: The verse indicates that the recompense for intentional killing is what is mentioned, but it does not state that the Almighty will actually deliver this recompense. He compared it to a master telling his slave, "Your recompense is that I will do X to you," while reserving the right not to do it. This response is also weak because this verse establishes that the recompense is what is mentioned, and other verses establish that the Almighty delivers the recompense to those deserving it: {Whoever does evil will be recompensed for it} (An-Nisa: 123); {This Day every soul will be recompensed for what it earned} (Ghafir: 17); {So whoever does an atom's weight of good will see it, And whoever does an atom's weight of evil will see it} (Az-Zalzalah: 7-8). In fact, this very verse contains evidence that He will deliver this recompense: {And He has prepared for him a great punishment}. The statement that this is the recompense is established by {so his recompense is Hell, abiding therein eternally}. If {And He has prepared for him a great punishment} were merely a statement of desert, it would be redundant. If we take it as a report that the Almighty will do it, then no redundancy occurs, making this interpretation preferable.

We state that this verse is specified in two contexts:

1. When the intentional killing is not aggressive (ghayr 'udwan), such as in Qisas (retaliation), where this threat is never incurred.
2. When the aggressive intentional killing is followed by repentance (Tawbah), in which case the threat is not incurred. If specification is established in these two cases, we specify this generality further for the case where pardon ('afw) occurs, based on the Almighty's saying: {And He may forgive what is other than that [shirk] for whomever He wills} (An-Nisa: 48).

Furthermore, this verse is one of the general statements of threat ('umumat al-wa'id). The general statements of promise ('umumat al-wa'd) are more numerous than those of threat, and we have already addressed the arguments favoring the general threats, demonstrating that the general promises are preponderant. All of this was mentioned in Surah Al-Baqarah in the exegesis of {Yes, whoever earns an evil deed...} (Al-Baqarah: 81).

Issue 2: The Acceptance of Repentance for Intentional Homicide

It is narrated from Ibn Abbas that the repentance of one who commits aggressive intentional homicide is not accepted. The majority of scholars hold that it is accepted. Evidence for this includes:

1. Analogy with Disbelief: Disbelief (Kufr) is greater than this killing. If repentance from disbelief is accepted, then repentance from this killing is more deserving of acceptance.

2. Verse of Al-Furqan: The Almighty says at the end of Surah Al-Furqan: {And those who do not invoke with Allah another deity or kill the soul which Allah has forbidden [to be killed] except by right, and do not commit unlawful sexual intercourse. And whoever should do that will meet a penalty. His punishment will be multiplied for him on the Day of Resurrection, and he will abide therein humiliated, Except for one who repents, believes and does righteous work...} (Al-Furqan: 68-70). If the repentance of one who commits intentional homicide along with the other major sins mentioned here is accepted, then the repentance of one who commits intentional homicide alone is certainly accepted.

3. General Forgiveness: The verse {And He may forgive what is other than that [shirk] for whomever He wills} (An-Nisa: 48) is a promise of pardon for everything other than polytheism. It is more fitting that He forgives it after repentance. And God knows best.

The Tenth Part concludes. The Eleventh Part will follow, God willing, beginning with the Almighty's saying:

{great punishment. O you who have believed, when you go forth in the cause of Allah...} (An-Nisa: 94) from Surah An-Nisa. May God aid in its completion.

Page V10 P191 ! 7 < { O you who have believed, when you go forth [to fight] in the cause of Allah, investigate, and do not say to one who gives you [a greeting of] peace, "You are not a believer," seeking the transient goods of worldly life, for with Allah are abundant spoils. Thus were you before, but Allah conferred favor upon you, so investigate. Indeed, Allah is ever, with what you do, Acquainted. } . > 7

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