Al-Baqarah: 178–179
"O you who have believed..."
It is reported from Umar ibn Abd al-Aziz, al-Hasan al-Basri, Ata’, and Ikrimah—and this is the school of Malik and al-Shafi‘i (may Allah have mercy upon them)—that a free man is not to be killed for a slave, nor is a male to be killed for a female, based on this verse.
They argue that this verse clarifies what was left ambiguous in the verse: "A soul for a soul" (al-Ma’idah: 45). Furthermore, that verse was revealed to recount what was prescribed in the Torah for its people, whereas this verse was addressed to the Muslims, and what is within it was prescribed for them.
Conversely, it is reported from Sa‘id ibn al-Musayyib, al-Sha‘bi, al-Nakha‘i, Qatadah, and al-Thawri—and this is the school of Abu Hanifah and his companions—that this verse is abrogated by the verse: "A soul for a soul" (al-Ma’idah: 45), and that qisas (retaliation) is established equally between slave and free, and male and female. They cite the saying of the Prophet (ﷺ): "The blood of the Muslims is equal." They also argue that differentiation is not considered regarding souls, evidenced by the fact that if a group kills one person, they are all killed for him. It is reported that there was blood-feud between two Arab tribes in the Pre-Islamic era; one had superiority over the other and swore, "We shall kill a free man of yours for a slave of ours, a male for a female, and two for one." When they brought their dispute to the Messenger of Allah (ﷺ) after Islam had come, this verse was revealed, and he commanded them to settle the matter.
"But if he is forgiven something by his brother..."
This means: if he is forgiven by his brother—the guardian of the slain—for some of the retaliation. It is not correct to consider "something" (shay’) as a direct object, because ‘afa (to forgive) does not take a direct object without a preposition. He is called his "brother" because he is linked to him through the status of being the guardian of the blood and the one seeking it. It is like saying to a man, "Speak to your companion," to someone with whom there is a slight connection. He is mentioned with the term "brotherhood" to evoke compassion between them, by recalling the kinship and Islam that exists between them.
If you ask: "‘Afa* is used with ‘an (from), not with lam (for), so how is the phrase ‘ufiya lahu (forgiven for him) to be understood?"
I say: It is used with ‘an when referring to the perpetrator or the sin (e.g., ‘afawtu ‘an fulan). When it refers to both the sin and the perpetrator, one says ‘afawtu li-fulan ‘amma jana (I forgave for so-and-so what he committed), just as you say ghafartu lahu dhanbahu (I forgave him his sin). Thus, the verse is as if it were said: "Whoever is forgiven at the time of his crime," omitting the mention of the crime.
If you ask: "Why not interpret ‘afa as 'to leave' (tark), so that 'something' becomes the direct object?"
I say: Because ‘afa in the sense of "leaving" is not established; rather, it is a‘fa. As in the Prophet’s (ﷺ) saying: "Trim the mustaches and let the beards grow (a‘fu)."
If you ask: "It is established that ‘afa atharahu means to erase or remove it, so why not interpret it as 'whoever has something erased for him by his brother'?"
I say: That is a shaky expression. ‘Afw (forgiveness) in the context of crimes is a well-known, established term in the Book, the Sunnah, and common usage, so one should not deviate from it to something shaky and awkward. You see many who dabble in this science daring to invent language when they are stumped by a problem in the Word of Allah, claiming things about the Arabs that they do not know. This is a boldness from which one must seek refuge in Allah.
If you ask: "Why is 'something' (shay’) mentioned?"
I say: To indicate that if a portion of the blood-money is forgiven, or if some of the heirs forgive, the forgiveness is complete, the qisas falls away, and only the blood-money remains.
"Then follow up with kindness..."
This is a recommendation for both the one forgiven and the one forgiving. It means: Let the guardian pursue the killer with kindness, not being harsh or demanding except in a beautiful manner. And let the killer pay the blood-money with excellence, without delay or reduction.
"This is a mitigation from your Lord and a mercy."
Because the people of the Torah were prescribed qisas absolutely, and forgiveness or blood-money was forbidden. For the people of the Gospel, forgiveness was prescribed, and qisas and blood-money were forbidden. This nation was given a choice between the three—qisas, blood-money, and forgiveness—as an expansion and ease for them.
"So whoever transgresses after that..."
That is, after this mitigation, by overstepping what was legislated for him—such as killing someone other than the murderer, or killing after accepting the blood-money. In the Pre-Islamic era, a guardian would grant safety to the killer by accepting blood-money, then catch him and kill him.
"For him is a painful punishment."
A type of punishment that is severely painful in the Hereafter. Qatadah says the painful punishment is that he must be killed without fail, and no blood-money is accepted from him, due to the Prophet’s (ﷺ) saying: "I do not forgive anyone who kills after taking the blood-money."
"And there is for you in qisas (legal retribution) life..."
This is eloquent speech because of its strangeness; for qisas is killing and the loss of life, yet it is made a place and a vessel for life. It hits the mark of eloquence by making qisas definite and "life" indefinite, meaning: "In this category of judgment, which is qisas, there is a great life." They used to kill many for one; how many were killed by Muhalhil for his brother Kulayb until Bakr ibn Wa’il was nearly annihilated? They would kill someone other than the murderer, sparking strife and mutual slaughter. When Islam came with the law of qisas, there was life in it—a type of life resulting from the deterrence against killing. When one intends to kill and knows he will be executed, he is deterred, his companion is saved from death, and he is saved from execution. Thus, qisas is the cause of the life of two souls.
Abu al-Jawza’ read it as "life in the qasas (stories/narratives)," meaning in what was narrated to you of the laws of killing. It is also said that qasas refers to the Quran, meaning "there is life for hearts in the Quran," like His saying: "A spirit from Our command" (al-Shura: 52).
"That you may become righteous."
I have shown you what is in qisas regarding the preservation of souls and the protection of lives. "That you may become righteous" means: that you may perform the deeds of the righteous in upholding qisas and judging by it. This is an address with a special distinction for the leaders.
