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Text and translation
English translation
4785. It was narrated that Ibn ‘Abbâs said: “There was Qisâs among the Children of Israel, but Diyah was unknown among them. Then Allâh, the Mighty and Sublime, revealed: “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...” up to His saying: “But if the killer is forgiven by the brother (or the relatives) 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.”[2] Forgiveness means accepting the Diyah in the case of deliberate killing. Adhering to it in fairness means asking him to pay the Diyah in a fair manner, and payment in fairness means giving the Diyah in a fair manner. This is an alleviation and a mercy from
your Lord,[1] means: This is easier than that which was prescribed for those who came before you, which was Qisâs and not Diyah.” (Sahîh)
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Footnotes
1
[1] Al-Baqarah 2:178.
2
[2] Al-Baqarah 2:178.
Commentary
1. 'Is prescribed for you' means to take just retribution is permissible. The Divine Law of Islam has legislated it as legal; not obligatory. Rather, in ordinary conditions, forgiveness is better.
2. '(The free for the free, the slave for the slave, literally) are equal': During the time of Ignorance or Jahiliyyah, some mighty clans considered their own slave equal to freeman of others, and their woman equal to a man of other people.
