1420 - Issue; He said: (The second type is that he kills in the lands of the Byzantines [al-Rum] someone whom he believes to be a disbeliever, but who had accepted Islam and concealed his faith until he could manage to escape to the land of Islam. In this case, he is obligated to free a believing slave from his wealth, with no blood money, because of the saying of Allah the Almighty: "But if he was from a people who are enemies to you and he is a believer, then the freeing of a believing slave" (2).)

This is the second type of error, which is killing someone in the Abode of War [Dar al-Harb] whom one deems to be a disbeliever, but who is actually a Muslim. There is no disagreement that this is an error which does not necessitate retribution [qisas], because he did not intend to kill a Muslim, similar to if he had thought him to be game but he turned out to be a human. However, in this case, blood money is not required either, and nothing is required except atonement [kaffara]. This is narrated from Ibn Abbas. It is also the opinion of Ata, Mujahid, Ikrimah, Qatada, al-Awza'i, al-Thawri, Abu Thawr, and Abu Hanifah. From Ahmad, there is another narration that it requires both blood money and atonement, which is the opinion of Malik and al-Shafi'i, due to the saying of Allah the Almighty: "And whoever kills a believer by mistake, then the freeing of a believing slave and a blood money payment delivered to his family" (2). The Prophet (peace and blessings of Allah be upon him) said: "Beware, indeed in the accidental killing of the intended [error committed with intentional tools], the killing by whip and stick, there is one hundred camels" (6). Also, because he killed a Muslim by mistake, his blood money is mandatory, just as if it were in the Abode of Islam [Dar al-Islam]. Our evidence is the saying of Allah the Almighty: "But if he was from a people who are enemies to you and he is a believer, then the freeing of a believing slave." He did not mention blood money, and His omitting the mention of it in this category—while mentioning it in the one before it and the one after it—is evidence that it is not obligatory. His mentioning this as a separate category indicates that it is not included in the generality of the verse they used as evidence, and it restricts the generality of the report they narrated.

1421 - Issue; He said: (A Muslim shall not be executed for a disbeliever)