An-Nisaa • EN-AL-QUSHAIRI-TAFSIR
﴿ وَمَا كَانَ لِمُؤْمِنٍ أَن يَقْتُلَ مُؤْمِنًا إِلَّا خَطَـًۭٔا ۚ وَمَن قَتَلَ مُؤْمِنًا خَطَـًۭٔا فَتَحْرِيرُ رَقَبَةٍۢ مُّؤْمِنَةٍۢ وَدِيَةٌۭ مُّسَلَّمَةٌ إِلَىٰٓ أَهْلِهِۦٓ إِلَّآ أَن يَصَّدَّقُوا۟ ۚ فَإِن كَانَ مِن قَوْمٍ عَدُوٍّۢ لَّكُمْ وَهُوَ مُؤْمِنٌۭ فَتَحْرِيرُ رَقَبَةٍۢ مُّؤْمِنَةٍۢ ۖ وَإِن كَانَ مِن قَوْمٍۭ بَيْنَكُمْ وَبَيْنَهُم مِّيثَٰقٌۭ فَدِيَةٌۭ مُّسَلَّمَةٌ إِلَىٰٓ أَهْلِهِۦ وَتَحْرِيرُ رَقَبَةٍۢ مُّؤْمِنَةٍۢ ۖ فَمَن لَّمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ تَوْبَةًۭ مِّنَ ٱللَّهِ ۗ وَكَانَ ٱللَّهُ عَلِيمًا حَكِيمًۭا ﴾
“AND IT IS not conceivable that a believer should slay another believer, unless it be by mistake. And upon him who has slain a believer by mistake there is the duty of freeing a believing soul from bondage and paying an indemnity to the victim's relations, unless they forgo it by way of charity. Now if the slain, while himself a believer, belonged to a people who are at war with you, [the penance shall be confined to] the freeing of a believing soul from bondage; whereas, if he belonged to a people to whom you are bound by a covenant, [it shall consist of] an indemnity to be paid to his relations in addition to the freeing of a believing soul from bondage. And he who does not have the wherewithal shall fast [instead] for two consecutive months. (This is) the atonement ordained by God: and God is indeed all-knowing, wise.”
It is not for a believer to slay a believer except by mistake. He who slays a believer by mistake then let him set free a believing slave and blood- money is to be submitted to his family unless they remit it as a charity. If he belongs to a people at war with you and is a believer then the setting free of a believing slave. If he belongs to a people between whom and you there is a covenant then the blood-money must be paid to his family and the setting free of a believing slave. But if he has not the wherewithal then the fasting of two successive months a relenting from God. And God is ever Knowing Wise. [God] mitigated the matter of someone who mistakenly [slays a believer] by giving the burden of restitution to the larger group responsible for the blood-money ʿāqila. The elite are responsible for the blood-money for the weak and oppressed mustaḌʿafūn in the community. The people of deeper knowledge ahl al-maʿrifa are responsible for the blood-money for the aspirants murīdūn. The shaykhs are responsible for the blood-money for the poor fuqarāÌ. Their way is to bear the burdens that afflict the weak and oppressed.