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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 11 · Page 4441415 - Issue: Abu al-Qasim, may Allah have mercy on him, said: (Homicide is of three types: intentional, quasi-intentional, and accidental.)

Translation · EN

And because the wording of the verse is in the form of a declarative statement (khabar), and declarative statements are not subject to abrogation or alteration, for the report of Allah the Exalted can only be true. Our position is based on the saying of Allah the Exalted: "Indeed, Allah does not forgive associating others with Him, but He forgives what is less than that for whom He wills," thus He placed it within the realm of His will. And He said: "Indeed, Allah forgives all sins." Furthermore, in the hadith, it is narrated from the Prophet (peace be upon him) that he said: "A man killed a hundred men unjustly, then he asked: 'Is there any repentance for me?' He was guided to a scholar, and he asked him, and he said: 'And who stands between you and repentance? But leave the land of evil for the righteous land, and worship Allah there.' So he set out as a repentant, and death overtook him on the way. The angels of mercy and the angels of punishment disputed over him. Then Allah sent to them an angel who said: 'Measure the distance between the two villages; whichever one he is closer to, assign him to its people.' They found him closer to the righteous village by a span, so they assigned him to its people." [Agreed upon]. And because repentance is valid from disbelief, it is all the more valid from killing. The verse is interpreted as referring to one who has not repented, or that this is his recompense if He decides to requite him, and He has the right to pardon if He wills. As for his statement that it is not subject to abrogation, we respond: Rather, it is subject to specification (takhsis) and interpretation (ta'wil).

1415- Issue: Abu al-Qasim, may Allah have mercy on him, said: (Killing is of three types: intentional (amd), quasi-intentional (shibh al-'amd), and by mistake (khata').)

Notes

= 6/59. Muslim, in: The Book of Tafsir, Sahih Muslim 4/2318. Abu Dawud, in: The Chapter on the Seriousness of Killing a Believer, from the Book of Tribulations (Kitab al-Fitan), Sunan Abi Dawud 2/419, 420. An-Nasa'i, in: The Chapter on the Sanctity of Blood, from the Book of Prohibition of Blood, Al-Mujtaba 7/78, 80. Ibn Majah, in: The Chapter on Whether There Is Repentance for the Killer of a Believer, from the Book of Blood Money (Kitab al-Diyat), Sunan Ibn Majah 2/874. Al-Bayhaqi, in: The Chapter on the Origin of the Prohibition of Killing in the Quran, from the Book of Criminal Offenses, Al-Sunan al-Kubra 8/15, 16. (7) In copies B and M: "la" (nor). (8) Surah An-Nisa, 48. (9) Surah Az-Zumar, 53. (10) Omitted from M. It was also narrated by Al-Bukhari, in: The Chapter: "Abu al-Yaman narrated to us, Shu'ayb informed us," from the Book of Prophets, Sahih al-Bukhari 4/211, 212. And Muslim, in: The Chapter on the Acceptance of the Repentance of the Killer Even if His Killings Are Many, from the Book of Repentance, Sahih Muslim 4/2118, 2119. It was also narrated by Imam Ahmad, in: Al-Musnad 3/72. (11) In the original: "al-qatil" (the killer).

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