Al Baqarah, 2:178 & 2:179
Translation:
Yusuf Ali: O ye who believe! The law of equality is prescribed to you in cases of murder; the free for the free the slave for the slave the woman for the woman. But if any remission is made by the brother of the slain then grant any reasonable demand, and compensate him with handsome gratitude, This is a concession and a Mercy from your Lord. After this whoever exceeds the limits shall be in grave penalty.
Yusuf Ali: In the law of Equality there is (saving of) life to you O ye men of understanding! that ye may restrain yourselves.
Dr. Mohsin: O you who believe! Al-Qisâs (the Law of Equality in punishment) is prescribed for you in case of murder: the free for the free, the slave for the slave, and the female for the female. But if the killer is forgiven by the brother (or the relatives, etc.) of the killed against blood money then adhering to it with fairness and payment of the blood money, to the heir should be made in fairness. This is an alleviation and a mercy from your Lord. So after this whoever transgresses the limits (i.e. kills the killer after taking the blood money), he shall have a painful torment.
Dr. Mohsin: And there is (a saving of) life for you in Al-Qisâs (the Law of Equality in punishment), O men of understanding, that you may become Al-Muttaqûn (the pious - see V.2:2).
Arabic:
Audio:
http://transliteration.org/quran/WebSite_CD/MixPure/..\..\WebSite_CD3\Sound2/0021781.mp3
http://transliteration.org/quran/WebSite_CD/MixPure/..\..\WebSite_CD3\Sound2/0021791.mp3
Transliteration:
Yā 'Ayyuhā Al-Ladhīna 'Āmanū Kutiba `Alaykumu Al-Qişāşu Fī Al-Qatlá Al-Ĥurru Bil-Ĥurri Wa Al-`Abdu Bil-`Abdi Wa Al-'Unthá Bil-'Unthá Faman `Ufiya Lahu Min 'Akhīhi Shay'un Fa Attibā`un Bil-Ma`rūfi Wa 'Adā'un 'Ilayhi Bi'iĥsānin Dhālika Takhfīfun Min Rabbikum Wa Raĥmatun Famani A`tadá Ba`da Dhālika Falahu `Adhābun 'Alīmun
Wa Lakum Fī Al-Qişāşi Ĥayāatun Yā 'Ūlī Al-'Albābi La`allakum Tattaqūna
Tafsir al-Jalalayn:
O you who believe, prescribed, made obligatory, for you is retaliation, on equal terms, regarding the slain, both in the attributes [of the one slain] and in the action involved; a free man, is killed, for a free man, and not for a slave; and a slave for a slave, and a female for a female. The Sunna makes it clear that a male may be killed [in retaliation] for a female, and that religious affiliation should be taken into account also, so that a Muslim cannot be killed in return for an disbeliever, even if the former be a slave and the latter a free man. But if anything, of the blood, is pardoned any one, of those who have slain, in relation to his brother, the one slain, so that the retaliation is waived (the use of the indefinite shay’un, ‘anything’, here implies the waiving of retaliation through a partial pardon by the inheritors [of the slain]; the mention of akhīh [‘his brother’] is intended as a conciliatory entreaty to pardon and a declaration that killing should not sever the bonds of religious brotherhood; the particle man, ‘any one’, is the subject of a conditional or a relative clause, of which the predicate is [the following, fa’ittibā‘un]) let the pursuing, that is, the action of the one who has pardoned in pursuing the killer, be honourable, demanding the blood money without force. The fact that the ‘pursuing’ results from the ‘pardoning’ implies that one of the two [actions] is a duty, which is one of al-Shāfi‘ī’s two opinions here. The other [opinion] is that retaliation is the duty, whereas the blood money is merely compensation [for non-retaliation], so that if one were to pardon but not name his blood money, then nothing [happens]; and this [latter] is the preferred [opinion]. And let the payment, of the blood money by the slayer, to him, the pardoner, that is, the one inheriting [from the slain], be with kindliness, without procrastination or fraud; that, stipulation mentioned here about the possibility of retaliation and the forgoing of this in return for blood money, is an alleviation, a facilitation, given, to you, by your Lord, and a mercy, for you, for He has given you latitude in this matter and has not categorically demanded that one [of the said options] be followed through, in the way that He made it obligatory for Jews to retaliate and for Christians to [pardon and] accept blood money; and for him who commits aggression, by being unjust towards the killer and slaying him, after that, that is, [after] pardoning — his is a painful chastisement, of the Fire in the Hereafter, or of being killed in this world.
In retaliation there is life for you, that is great longevity, O people of pith, possessors of intellect, because if the would-be killer knew that he would be killed [in retaliation], he would refrain [from such action] and would have thereby given life to himself and to the one whom he had intended to kill; and so it [retaliation] was stipulated by the Law, so that you might fear killing, fearing retaliation.
Tafsir ibn Kathir:
(178. O you who believe! Al-Qisas (the Law of equality) is prescribed for you in case of murder: the free for the free, the slave for the slave, and the female for the female. But if the killer is forgiven by the brother (or the relatives) of the killed (against blood money), then it should be sought in a good manner, and paid to him respectfully. This is an alleviation and a mercy from your Lord. So after this, whoever transgresses the limits (i.e. kills the killer after taking the blood money), he shall have a painful torment.)
(179. And there is (a saving of) life for you in Al-Qisas (the Law of equality in punishment), O men of understanding, that you may acquire Taqwa.)
The Command and the Wisdom behind the Law of Equality
Allah states: O believers! The Law of equality has been ordained on you (for cases of murder), the free for the free, the slave for the slave and the female for the female. Therefore, do not transgress the set limits, as others before you transgressed them, and thus changed what Allah has ordained for them. The reason behind this statement is that (the Jewish tribe of) Banu An-Nadir invaded Qurayzah (another Jewish tribe) during the time of Jahiliyyah (before Islam) and defeated them. Hence, (they made it a law that) when a person from Nadir kills a person from Quraizah, he is not killed in retaliation, but only pays a hundred Wasq of dates. However, when a person from Quraizah kills a Nadir man, he would be killed for him. If Nadir wanted (to forfeit the execution of the murderer and instead require him) to pay a ransom, the Quraizah man pays two hundred Wasq of dates ﴿double the amount Nadir pays in Diyah (blood money)﴾. So Allah commanded that justice be observed regarding the penal code, and that the path of the misguided and mischievous persons be avoided, who in disbelief and transgression, defy and alter what Allah has commanded them. Allah said:
﴿كُتِبَ عَلَيْكُمُ الْقِصَاصُ فِي الْقَتْلَى الْحُرُّ بِالْحُرِّ وَالْعَبْدُ بِالْعَبْدِ وَالاٍّنثَى بِالاٍّنْثَى﴾
(Al-Qisas (the Law of equality in punishment) is prescribed for you in case of murder: the free for the free, the slave for the slave, and the female for the female.)
Allah's statement:
﴿الْحُرُّ بِالْحُرِّ وَالْعَبْدُ بِالْعَبْدِ وَالاٍّنثَى بِالاٍّنْثَى﴾
(the free for the free, the slave for the slave, and the female for the female.) was abrogated by the statement life for life (5:45). However, the majority of scholars agree that the Muslim is not killed for a disbeliever whom he kills. Al- Bukhari reported that `Ali narrated that Allah's Messenger said:
«وَلَا يُقْتَلُ مُسْلِمٌ بِكَافِر»
(The Muslim is not killed for the disbeliever (whom he kills).)
No opinion that opposes this ruling could stand correct, nor is there an authentic Hadith to contradict it. However, Abu Hanifah thought that the Muslim could be killed for a disbeliever, following the general meaning of the Ayah (5:45) in Surat Al-Ma'idah (chapter 5 in the Qur'an).
The Four Imams (Abu Hanifah, Malik, Shafi`i and Ahmad) and the majority of scholars stated that the group is killed for one person whom they murder. `Umar said, about a boy who was killed by seven men, "If all the residents of San`a' (capital of Yemen today) collaborated on killing him, I would kill them all.'' No opposing opinion was known by the Companions during that time which constitutes a near Ijma` (consensus). There is an opinion attributed to Imam Ahmad that a group of people is not killed for one person whom they kill, and that only one person is killed for one person. Ibn Al-Mundhir also attributed this opinion to Mu`adh, Ibn Az-Zubayr, `Abdul-Malik bin Marwan, Az-Zuhri, Ibn Sirin and Habib bin Abu Thabit. Allah's statement:
﴿فَمَنْ عُفِىَ لَهُ مِنْ أَخِيهِ شَىْءٌ فَاتِّبَاعٌ بِالْمَعْرُوفِ وَأَدَآءٌ إِلَيْهِ بِإِحْسَـنٍ﴾
(But if the killer is forgiven by the brother (or the relatives) of the killed (against blood money), then it should be sought in a good manner, and paid to him respectfully.) refers to accepting blood money (by the relatives of the victim in return for pardoning the killer) in cases of intentional murder. This opinion is attributed to Abu Al-`Aliyah, Abu Sha`tha', Mujahid, Sa`id bin Jubayr, `Ata' Al-Hasan, Qatadah and Muqatil bin Hayyan. Ad-Dahhak said that Ibn `Abbas said:
﴿فَمَنْ عُفِىَ لَهُ مِنْ أَخِيهِ شَىْءٌ﴾
(But if the killer is forgiven by the brother (or the relatives) of the killed (against blood money)) means the killer is pardoned by his brother (i.e., the relative of the victim) and accepting the Diyah after capital punishment becomes due (against the killer), this is the `Afw (pardon mentioned in the Ayah).'' Allah's statement:
﴿فَاتِّبَاعٌ بِالْمَعْرُوفِ﴾
(...then it should be sought in a good manner,) means, when the relative agrees to take the blood money, he should collect his rightful dues with kindness:
﴿وَأَدَآءٌ إِلَيْهِ بِإِحْسَـنٍ﴾
( and paid to him respectfully.) means, the killer should accept the terms of settlement without causing further harm or resisting the payment.
Allah's statement:
﴿ذَلِكَ تَخْفِيفٌ مِّن رَّبِّكُمْ وَرَحْمَةٌ﴾
(This is an alleviation and a mercy from your Lord.) means the legislation that allows you to accept the blood money for intentional murder is an alleviation and a mercy from your Lord. It lightens what was required from those who were before you, either applying capital punishment or forgiving.
Sa`id bin Mansur reported that Ibn `Abbas said, "The Children of Israel were required to apply the Law of equality in murder cases and were not allowed to offer pardons (in return for blood money). Allah said to this Ummah (the Muslim nation):
﴿كُتِبَ عَلَيْكُمُ الْقِصَاصُ فِي الْقَتْلَى الْحُرُّ بِالْحُرِّ وَالْعَبْدُ بِالْعَبْدِ وَالاٍّنثَى بِالاٍّنْثَى فَمَنْ عُفِىَ لَهُ مِنْ أَخِيهِ شَىْءٌ﴾
(The Law of equality in punishment is prescribed for you in case of murder: the free for the free, the servant for the servant, and the female for the female. But if the killer is forgiven by the brother (or the relatives) of the killed (against blood money),)
Hence, `pardoning' or `forgiving' means accepting blood money in intentional murder cases.'' Ibn Hibban also recorded this in his Sahih. Qatadah said:
﴿ذَلِكَ تَخْفِيفٌ مِّن رَّبِّكُمْ﴾
(This is an alleviation from your Lord)
Allah had mercy on this Ummah by giving them the Diyah which was not allowed for any nation before it. The People of the Torah (Jews) were allowed to either apply the penal code (for murder, i.e., execution) or to pardon the killer, but they were not allowed to take blood money. The People of the Injil (the Gospel - the Christians) were required to pardon (the killer, but no Diyah was legislated). This Ummah (Muslims) is allowed to apply the penal code (execution) or to pardon and accept the blood money.'' Similar was reported from Sa`id bin Jubayr, Muqatil bin Hayyan and Ar-Rabi` bin Anas.
Allah's statement:
﴿فَمَنِ اعْتَدَى بَعْدَ ذَلِكَ فَلَهُ عَذَابٌ أَلِيمٌ﴾
(So after this whoever transgresses the limits, he shall have a painful torment.) means, those who kill in retaliation after taking the Diyah or accepting it, they will suffer a painful and severe torment from Allah. The same was reported from Ibn `Abbas, Mujahid, `Ata' `Ikrimah, Al-Hasan, Qatadah, Ar-Rabi` bin Anas, As-Suddi and Muqatil bin Hayyan.
The Benefits and Wisdom of the Law of Equality
Allah's statement:
﴿وَلَكُمْ فِي الْقِصَاصِ حَيَوةٌ﴾
(And there is life for you in Al-Qisas) legislating the Law of equality, i.e., killing the murderer, carries great benefits for you. This way, the sanctity of life will be preserved because the killer will refrain from killing, as he will be certain that if he kills, he would be killed. Hence life will be preserved. In previous Books, there is a statement that killing stops further killing! This meaning came in much clearer and eloquent terms in the Qur'an:
﴿وَلَكُمْ فِي الْقِصَاصِ حَيَوةٌ﴾
(And there is (a saving of) life for you in Al-Qisas (the Law of equality in punishment).)
Abu Al-`Aliyah said, "Allah made the Law of equality a `life'. Hence, how many a man who thought about killing, but this Law prevented him from killing for fear that he will be killed in turn.'' Similar statements were reported from Mujahid, Sa`id bin Jubayr, Abu Malik, Al-Hasan, Qatadah, Ar-Rabi` bin Anas and Muqatil bin Hayyan. Allah's statement:
﴿يأُولِي الأَلْبَـبِ لَعَلَّكُمْ تَتَّقُونَ﴾
(O men of understanding, that you may acquire Taqwa.) means, `O you who have sound minds, comprehension and understanding! Perhaps by this you will be compelled to refrain from transgressing the prohibitions of Allah and what He considers sinful. ' Taqwa (mentioned in the Ayah) is a word that means doing all acts of obedience and refraining from all prohibitions.
Translation:
Yusuf Ali: O ye who believe! The law of equality is prescribed to you in cases of murder; the free for the free the slave for the slave the woman for the woman. But if any remission is made by the brother of the slain then grant any reasonable demand, and compensate him with handsome gratitude, This is a concession and a Mercy from your Lord. After this whoever exceeds the limits shall be in grave penalty.
Yusuf Ali: In the law of Equality there is (saving of) life to you O ye men of understanding! that ye may restrain yourselves.
Dr. Mohsin: O you who believe! Al-Qisâs (the Law of Equality in punishment) is prescribed for you in case of murder: the free for the free, the slave for the slave, and the female for the female. But if the killer is forgiven by the brother (or the relatives, etc.) of the killed against blood money then adhering to it with fairness and payment of the blood money, to the heir should be made in fairness. This is an alleviation and a mercy from your Lord. So after this whoever transgresses the limits (i.e. kills the killer after taking the blood money), he shall have a painful torment.
Dr. Mohsin: And there is (a saving of) life for you in Al-Qisâs (the Law of Equality in punishment), O men of understanding, that you may become Al-Muttaqûn (the pious - see V.2:2).
Arabic:
يٰأَيُّهَا ٱلَّذِينَ آمَنُواْ كُتِبَ عَلَيْكُمُ ٱلْقِصَاصُ فِي ٱلْقَتْلَى ٱلْحُرُّ بِالْحُرِّ وَٱلْعَبْدُ بِٱلْعَبْدِ وَٱلأُنثَىٰ بِٱلأُنْثَىٰ فَمَنْ عُفِيَ لَهُ مِنْ أَخِيهِ شَيْءٌ فَٱتِّبَاعٌ بِٱلْمَعْرُوفِ وَأَدَآءٌ إِلَيْهِ بِإِحْسَانٍ ذٰلِكَ تَخْفِيفٌ مِّن رَّبِّكُمْ وَرَحْمَةٌ فَمَنِ ٱعْتَدَىٰ بَعْدَ ذٰلِكَ فَلَهُ عَذَابٌ أَلِيمٌ
وَلَكُمْ فِي ٱلْقِصَاصِ حَيَٰوةٌ يٰأُولِي ٱلأَلْبَابِ لَعَلَّكُمْ تَتَّقُونَ
وَلَكُمْ فِي ٱلْقِصَاصِ حَيَٰوةٌ يٰأُولِي ٱلأَلْبَابِ لَعَلَّكُمْ تَتَّقُونَ
Audio:
http://transliteration.org/quran/WebSite_CD/MixPure/..\..\WebSite_CD3\Sound2/0021781.mp3
http://transliteration.org/quran/WebSite_CD/MixPure/..\..\WebSite_CD3\Sound2/0021791.mp3
Transliteration:
Yā 'Ayyuhā Al-Ladhīna 'Āmanū Kutiba `Alaykumu Al-Qişāşu Fī Al-Qatlá Al-Ĥurru Bil-Ĥurri Wa Al-`Abdu Bil-`Abdi Wa Al-'Unthá Bil-'Unthá Faman `Ufiya Lahu Min 'Akhīhi Shay'un Fa Attibā`un Bil-Ma`rūfi Wa 'Adā'un 'Ilayhi Bi'iĥsānin Dhālika Takhfīfun Min Rabbikum Wa Raĥmatun Famani A`tadá Ba`da Dhālika Falahu `Adhābun 'Alīmun
Wa Lakum Fī Al-Qişāşi Ĥayāatun Yā 'Ūlī Al-'Albābi La`allakum Tattaqūna
Tafsir al-Jalalayn:
O you who believe, prescribed, made obligatory, for you is retaliation, on equal terms, regarding the slain, both in the attributes [of the one slain] and in the action involved; a free man, is killed, for a free man, and not for a slave; and a slave for a slave, and a female for a female. The Sunna makes it clear that a male may be killed [in retaliation] for a female, and that religious affiliation should be taken into account also, so that a Muslim cannot be killed in return for an disbeliever, even if the former be a slave and the latter a free man. But if anything, of the blood, is pardoned any one, of those who have slain, in relation to his brother, the one slain, so that the retaliation is waived (the use of the indefinite shay’un, ‘anything’, here implies the waiving of retaliation through a partial pardon by the inheritors [of the slain]; the mention of akhīh [‘his brother’] is intended as a conciliatory entreaty to pardon and a declaration that killing should not sever the bonds of religious brotherhood; the particle man, ‘any one’, is the subject of a conditional or a relative clause, of which the predicate is [the following, fa’ittibā‘un]) let the pursuing, that is, the action of the one who has pardoned in pursuing the killer, be honourable, demanding the blood money without force. The fact that the ‘pursuing’ results from the ‘pardoning’ implies that one of the two [actions] is a duty, which is one of al-Shāfi‘ī’s two opinions here. The other [opinion] is that retaliation is the duty, whereas the blood money is merely compensation [for non-retaliation], so that if one were to pardon but not name his blood money, then nothing [happens]; and this [latter] is the preferred [opinion]. And let the payment, of the blood money by the slayer, to him, the pardoner, that is, the one inheriting [from the slain], be with kindliness, without procrastination or fraud; that, stipulation mentioned here about the possibility of retaliation and the forgoing of this in return for blood money, is an alleviation, a facilitation, given, to you, by your Lord, and a mercy, for you, for He has given you latitude in this matter and has not categorically demanded that one [of the said options] be followed through, in the way that He made it obligatory for Jews to retaliate and for Christians to [pardon and] accept blood money; and for him who commits aggression, by being unjust towards the killer and slaying him, after that, that is, [after] pardoning — his is a painful chastisement, of the Fire in the Hereafter, or of being killed in this world.
In retaliation there is life for you, that is great longevity, O people of pith, possessors of intellect, because if the would-be killer knew that he would be killed [in retaliation], he would refrain [from such action] and would have thereby given life to himself and to the one whom he had intended to kill; and so it [retaliation] was stipulated by the Law, so that you might fear killing, fearing retaliation.
Tafsir ibn Kathir:
(178. O you who believe! Al-Qisas (the Law of equality) is prescribed for you in case of murder: the free for the free, the slave for the slave, and the female for the female. But if the killer is forgiven by the brother (or the relatives) of the killed (against blood money), then it should be sought in a good manner, and paid to him respectfully. This is an alleviation and a mercy from your Lord. So after this, whoever transgresses the limits (i.e. kills the killer after taking the blood money), he shall have a painful torment.)
(179. And there is (a saving of) life for you in Al-Qisas (the Law of equality in punishment), O men of understanding, that you may acquire Taqwa.)
The Command and the Wisdom behind the Law of Equality
Allah states: O believers! The Law of equality has been ordained on you (for cases of murder), the free for the free, the slave for the slave and the female for the female. Therefore, do not transgress the set limits, as others before you transgressed them, and thus changed what Allah has ordained for them. The reason behind this statement is that (the Jewish tribe of) Banu An-Nadir invaded Qurayzah (another Jewish tribe) during the time of Jahiliyyah (before Islam) and defeated them. Hence, (they made it a law that) when a person from Nadir kills a person from Quraizah, he is not killed in retaliation, but only pays a hundred Wasq of dates. However, when a person from Quraizah kills a Nadir man, he would be killed for him. If Nadir wanted (to forfeit the execution of the murderer and instead require him) to pay a ransom, the Quraizah man pays two hundred Wasq of dates ﴿double the amount Nadir pays in Diyah (blood money)﴾. So Allah commanded that justice be observed regarding the penal code, and that the path of the misguided and mischievous persons be avoided, who in disbelief and transgression, defy and alter what Allah has commanded them. Allah said:
﴿كُتِبَ عَلَيْكُمُ الْقِصَاصُ فِي الْقَتْلَى الْحُرُّ بِالْحُرِّ وَالْعَبْدُ بِالْعَبْدِ وَالاٍّنثَى بِالاٍّنْثَى﴾
(Al-Qisas (the Law of equality in punishment) is prescribed for you in case of murder: the free for the free, the slave for the slave, and the female for the female.)
Allah's statement:
﴿الْحُرُّ بِالْحُرِّ وَالْعَبْدُ بِالْعَبْدِ وَالاٍّنثَى بِالاٍّنْثَى﴾
(the free for the free, the slave for the slave, and the female for the female.) was abrogated by the statement life for life (5:45). However, the majority of scholars agree that the Muslim is not killed for a disbeliever whom he kills. Al- Bukhari reported that `Ali narrated that Allah's Messenger said:
«وَلَا يُقْتَلُ مُسْلِمٌ بِكَافِر»
(The Muslim is not killed for the disbeliever (whom he kills).)
No opinion that opposes this ruling could stand correct, nor is there an authentic Hadith to contradict it. However, Abu Hanifah thought that the Muslim could be killed for a disbeliever, following the general meaning of the Ayah (5:45) in Surat Al-Ma'idah (chapter 5 in the Qur'an).
The Four Imams (Abu Hanifah, Malik, Shafi`i and Ahmad) and the majority of scholars stated that the group is killed for one person whom they murder. `Umar said, about a boy who was killed by seven men, "If all the residents of San`a' (capital of Yemen today) collaborated on killing him, I would kill them all.'' No opposing opinion was known by the Companions during that time which constitutes a near Ijma` (consensus). There is an opinion attributed to Imam Ahmad that a group of people is not killed for one person whom they kill, and that only one person is killed for one person. Ibn Al-Mundhir also attributed this opinion to Mu`adh, Ibn Az-Zubayr, `Abdul-Malik bin Marwan, Az-Zuhri, Ibn Sirin and Habib bin Abu Thabit. Allah's statement:
﴿فَمَنْ عُفِىَ لَهُ مِنْ أَخِيهِ شَىْءٌ فَاتِّبَاعٌ بِالْمَعْرُوفِ وَأَدَآءٌ إِلَيْهِ بِإِحْسَـنٍ﴾
(But if the killer is forgiven by the brother (or the relatives) of the killed (against blood money), then it should be sought in a good manner, and paid to him respectfully.) refers to accepting blood money (by the relatives of the victim in return for pardoning the killer) in cases of intentional murder. This opinion is attributed to Abu Al-`Aliyah, Abu Sha`tha', Mujahid, Sa`id bin Jubayr, `Ata' Al-Hasan, Qatadah and Muqatil bin Hayyan. Ad-Dahhak said that Ibn `Abbas said:
﴿فَمَنْ عُفِىَ لَهُ مِنْ أَخِيهِ شَىْءٌ﴾
(But if the killer is forgiven by the brother (or the relatives) of the killed (against blood money)) means the killer is pardoned by his brother (i.e., the relative of the victim) and accepting the Diyah after capital punishment becomes due (against the killer), this is the `Afw (pardon mentioned in the Ayah).'' Allah's statement:
﴿فَاتِّبَاعٌ بِالْمَعْرُوفِ﴾
(...then it should be sought in a good manner,) means, when the relative agrees to take the blood money, he should collect his rightful dues with kindness:
﴿وَأَدَآءٌ إِلَيْهِ بِإِحْسَـنٍ﴾
( and paid to him respectfully.) means, the killer should accept the terms of settlement without causing further harm or resisting the payment.
Allah's statement:
﴿ذَلِكَ تَخْفِيفٌ مِّن رَّبِّكُمْ وَرَحْمَةٌ﴾
(This is an alleviation and a mercy from your Lord.) means the legislation that allows you to accept the blood money for intentional murder is an alleviation and a mercy from your Lord. It lightens what was required from those who were before you, either applying capital punishment or forgiving.
Sa`id bin Mansur reported that Ibn `Abbas said, "The Children of Israel were required to apply the Law of equality in murder cases and were not allowed to offer pardons (in return for blood money). Allah said to this Ummah (the Muslim nation):
﴿كُتِبَ عَلَيْكُمُ الْقِصَاصُ فِي الْقَتْلَى الْحُرُّ بِالْحُرِّ وَالْعَبْدُ بِالْعَبْدِ وَالاٍّنثَى بِالاٍّنْثَى فَمَنْ عُفِىَ لَهُ مِنْ أَخِيهِ شَىْءٌ﴾
(The Law of equality in punishment is prescribed for you in case of murder: the free for the free, the servant for the servant, and the female for the female. But if the killer is forgiven by the brother (or the relatives) of the killed (against blood money),)
Hence, `pardoning' or `forgiving' means accepting blood money in intentional murder cases.'' Ibn Hibban also recorded this in his Sahih. Qatadah said:
﴿ذَلِكَ تَخْفِيفٌ مِّن رَّبِّكُمْ﴾
(This is an alleviation from your Lord)
Allah had mercy on this Ummah by giving them the Diyah which was not allowed for any nation before it. The People of the Torah (Jews) were allowed to either apply the penal code (for murder, i.e., execution) or to pardon the killer, but they were not allowed to take blood money. The People of the Injil (the Gospel - the Christians) were required to pardon (the killer, but no Diyah was legislated). This Ummah (Muslims) is allowed to apply the penal code (execution) or to pardon and accept the blood money.'' Similar was reported from Sa`id bin Jubayr, Muqatil bin Hayyan and Ar-Rabi` bin Anas.
Allah's statement:
﴿فَمَنِ اعْتَدَى بَعْدَ ذَلِكَ فَلَهُ عَذَابٌ أَلِيمٌ﴾
(So after this whoever transgresses the limits, he shall have a painful torment.) means, those who kill in retaliation after taking the Diyah or accepting it, they will suffer a painful and severe torment from Allah. The same was reported from Ibn `Abbas, Mujahid, `Ata' `Ikrimah, Al-Hasan, Qatadah, Ar-Rabi` bin Anas, As-Suddi and Muqatil bin Hayyan.
The Benefits and Wisdom of the Law of Equality
Allah's statement:
﴿وَلَكُمْ فِي الْقِصَاصِ حَيَوةٌ﴾
(And there is life for you in Al-Qisas) legislating the Law of equality, i.e., killing the murderer, carries great benefits for you. This way, the sanctity of life will be preserved because the killer will refrain from killing, as he will be certain that if he kills, he would be killed. Hence life will be preserved. In previous Books, there is a statement that killing stops further killing! This meaning came in much clearer and eloquent terms in the Qur'an:
﴿وَلَكُمْ فِي الْقِصَاصِ حَيَوةٌ﴾
(And there is (a saving of) life for you in Al-Qisas (the Law of equality in punishment).)
Abu Al-`Aliyah said, "Allah made the Law of equality a `life'. Hence, how many a man who thought about killing, but this Law prevented him from killing for fear that he will be killed in turn.'' Similar statements were reported from Mujahid, Sa`id bin Jubayr, Abu Malik, Al-Hasan, Qatadah, Ar-Rabi` bin Anas and Muqatil bin Hayyan. Allah's statement:
﴿يأُولِي الأَلْبَـبِ لَعَلَّكُمْ تَتَّقُونَ﴾
(O men of understanding, that you may acquire Taqwa.) means, `O you who have sound minds, comprehension and understanding! Perhaps by this you will be compelled to refrain from transgressing the prohibitions of Allah and what He considers sinful. ' Taqwa (mentioned in the Ayah) is a word that means doing all acts of obedience and refraining from all prohibitions.
