Tafseer of The Night Journey · Al-Israa · 17:33
And do not kill the soul which Allah has forbidden, except by right. And whoever is killed unjustly - We have given his heir authority, but let him not exceed limits in [the matter of] taking life. Indeed, he has been supported [by the law].
Important: The Arabic source text is always authoritative. This translation is a study aid and has not been verified by scholars — do not use it as a basis for religious proof or for deriving rulings (ahkam). When in doubt, always consult the Arabic text and a qualified scholar.
Allah the Exalted says: And He has also decreed that you لَا تَقْتُلُوا — O people — النَّفْسَ الَّتِي حَرَّمَ اللَّهُ the killing of it إِلَّا بِالْحَقِّ ; and its right is that it not be killed except on account of unbelief (kufr) after Islam, or fornication (zinā) after chastity (iḥṣān), or as retaliation for a slaying (qawad nafs) — and if it is an unbelieving soul without a prior Islam, then before its killing there must have been no covenant (ʿahd) and no protection (amān).
As Bishr related to us — he said: Yazīd related to us, he said: Saʿīd related to us, on the authority of Qatāda — concerning His word وَلَا تَقْتُلُوا النَّفْسَ الَّتِي حَرَّمَ اللَّهُ إِلَّا بِالْحَقِّ : "By Allah, we know of no lawfulness for the blood of a Muslim except on account of one of three: a man who kills deliberately — upon him falls retaliation (al-qawad); or he committed fornication (zinā) after chastity — upon him falls stoning (al-rajm); or he became an unbeliever after his Islam — upon him falls the death penalty (al-qatl)."
Ibn Wakīʿ related to us — he said: Ibn ʿUyayna related to us, on the authority of al-Zuhrī, on the authority of ʿUrwa or someone else — he said: It was said to Abū Bakr: "Will you kill the one who holds that he need not pay the zakāt?" He said: "If they withheld from me even the slightest thing which they used to acknowledge to the Prophet ﷺ, I would fight them." It was said to Abū Bakr: "Did the Prophet ﷺ not say: 'I have been commanded to fight the people until they say: lā ilāha illā Allāh; if they say it, they protect from me their blood and their property except by its right, and their reckoning is with Allah?'" Abū Bakr said: "This is part of its right (min ḥaqqihā)."
Mūsā ibn Sahl related to me — he said: ʿAmr ibn Hāshim related to us, he said: Sulaymān ibn Ḥayyān related to us, on the authority of Ḥumayd al-Ṭawīl, on the authority of Anas ibn Mālik — he said: The Prophet ﷺ said: "I have been commanded to fight the people until they say: lā ilāha illā Allāh; if they say it, they protect from me their blood and their property except by its right, and their reckoning is with Allah." It was said: "And what is its right?" He said: "Fornication (zinā) after chastity; unbelief after faith; and the killing of a soul — for this he is killed (fa-yuqtalu bihā)."
As for His word وَمَنْ قُتِلَ مَظْلُومًا — that is to say: whoever was killed without the reasons that We mentioned on the basis of which a killing is lawful — فَقَدْ جَعَلْنَا لِوَلِيِّهِ سُلْطَانًا — that is to say: We have given to the next of kin of the one unjustly killed authority (sulṭān) over the killer of his kinsman: if he wishes, he retaliates by killing him in place of his kinsman; if he wishes, he pardons him; and if he wishes, he takes the blood-money (al-diya).
The exegetes differed concerning the meaning of the authority given to the next of kin of the slain. Some said concerning it what we said.
Those who said this are the following:
Muḥammad ibn Saʿd related to me — he said: my father related to me, he said: my uncle related to me, he said: my father related to me, on the authority of his father, on the authority of Ibn ʿAbbās — concerning His word وَلَا تَقْتُلُوا النَّفْسَ الَّتِي حَرَّمَ اللَّهُ إِلَّا بِالْحَقِّ وَمَنْ قُتِلَ مَظْلُومًا فَقَدْ جَعَلْنَا لِوَلِيِّهِ سُلْطَانًا : "A proof from Allah, exalted is He, which He has sent down; the next of kin of the slain seeks it — the blood-money (al-ʿaql) or retaliation (al-qawad) — and that is the authority."
Muḥammad ibn Bashshār related to us — he said: ʿAbd al-Raḥmān related to us, he said: Sufyān related to us, on the authority of Juwaybar, on the authority of al-Ḍaḥḥāk ibn Muzāḥim — concerning His word فَقَدْ جَعَلْنَا لِوَلِيِّهِ سُلْطَانًا : "If he wishes, he pardons; if he wishes, he takes the blood-money."
Others said: that authority is the death penalty.
Those who said this are the following:
Bishr related to us — he said: Yazīd related to us, he said: Saʿīd related to us, on the authority of Qatāda — concerning His word وَمَنْ قُتِلَ مَظْلُومًا فَقَدْ جَعَلْنَا لِوَلِيِّهِ سُلْطَانًا : "That is the retaliation (al-qawad) which Allah, exalted is He, has instituted."
The most correct of the two interpretations in my judgment is the interpretation of the one who said that the authority which Allah mentioned in this verse is what Ibn ʿAbbās said — namely that the next of kin of the slain has the choice: either to kill, or to take blood-money, or to pardon — on the basis of the soundness of the report from the Prophet ﷺ that on the day of the conquest of Mecca he said: "Know: whoever has a slain kinsman has the choice of two: either he kills, or he takes the blood-money." I have set out the ruling on that in my Book on Wounds (Kitāb al-Jirāḥ).
As for His word فَلَا يُسْرِفْ فِي الْقَتْلِ the reciters differed over its reading. Most of the reciters of Kufa read فَلَا تُسْرِفْ (second person) as an address to the Prophet ﷺ, intending both him and the imams after him: that is to say: do not kill for the slain anyone other than his killer; for the people of the pre-Islamic time used to do this — when a man killed a man, the next of kin of the slain would turn to the most eminent of the tribe of the killer and kill him in place of his kinsman and let the actual killer go. Allah, exalted is He, forbade His servants this and said to His Prophet ﷺ: the killing of one other than the killer in place of the slain is disobedience and excess, so do not kill for him anyone other than his killer; and if you kill the killer in place of the slain, do not mutilate him. Most of the reciters of Medina and Baṣra read فَلَا يُسْرِفْ (third person), in the meaning of: the next of kin of the slain must not commit excess by killing anyone other than the killer of his kinsman. It has also been said: what is meant is the first killer.
The correct position is, in my judgment, that both are equivalent as readings, for Allah's address to His Prophet ﷺ with a command or prohibition concerning the rulings of the religion is a decision from Him therein for all His servants; and likewise His command and prohibition to some of them is a command and prohibition for all, unless it is shown that it is restricted to some. If this is so, as we have set out in our book [Kitāb al-Bayān ʿan uṣūl al-aḥkām], then it is known that His address with فَلَا تُسْرِفْ فِي الْقَتْلِ to His Prophet ﷺ, even if it is directed to him, is nonetheless intended for all His servants; and likewise His prohibition to the next of kin of the slain or to the killer of excess in the death penalty is a prohibition to all. Whichever reading the reciter chooses, he has the correct reading.
The exegetes differed over its interpretation in the same way as the reciters differed over its reading.
Those who interpreted it thus, as an address to the Prophet ﷺ:
Ibn Bashshār related to us — he said: ʿAbd al-Raḥmān related to us, he said: Sufyān related to us, on the authority of Manṣūr, on the authority of Ṭalq ibn Ḥabīb — concerning His word فَلَا تُسْرِفْ فِي الْقَتْلِ : "Do not kill anyone other than his killer and do not mutilate him."
Ibn Ḥumayd related to us — he said: Jarīr related to us, on the authority of Manṣūr, on the authority of Ṭalq ibn Ḥabīb — likewise.
Al-Ḥasan ibn Yaḥyā related to us — he said: ʿAbd al-Razzāq informed us, he said: al-Thawrī informed us, on the authority of Khuṣayf, on the authority of Saʿīd ibn Jubayr — concerning His word فَلَا تُسْرِفْ فِي الْقَتْلِ : "Do not kill two for one."
It was related to me — through al-Ḥusayn ibn al-Faraj, he said: I heard Abū Muʿādh say: ʿUbayd related to us, he said: I heard al-Ḍaḥḥāk say — concerning His word فَلَا يُسْرِفْ فِي الْقَتْلِ إِنَّهُ كَانَ مَنْصُورًا : "This was in Mecca, when the Prophet ﷺ was there; it is the first thing that came down of the Qurʾān concerning the matter of slaying. The polytheists used to kill the companions of the Prophet ﷺ secretly. Allah, blessed and exalted is He, said: whoever of the polytheists kills you, let his killing not lead you to kill his father, his brother, or anyone of his tribe; and although they are polytheists, do not kill anyone other than your killer. This was before the descent of Sūrat Barāʾa (9) and before their command to fight the polytheists; that is His word فَلَا تُسْرِفْ فِي الْقَتْلِ — that is to say: do not kill anyone other than your killer; and this holds to this day for the Muslims: it is not permitted to them to kill anyone other than their killer."
Those who said that the next of kin of the slain is meant:
Yaʿqūb related to me — he said: Ibn ʿUlayya related to us, he said: Abū Rajāʾ related to us, on the authority of al-Ḥasan — concerning His word وَمَنْ قُتِلَ مَظْلُومًا فَقَدْ جَعَلْنَا لِوَلِيِّهِ سُلْطَانًا : "A man was killed and his next of kin said: I will not be satisfied until I kill for him so-and-so of the eminent ones of his tribe."
Muḥammad ibn ʿAbd al-Aʿlā related to us — he said: Muḥammad ibn Thawr related to us, on the authority of Maʿmar, on the authority of Qatāda — فَلَا تُسْرِفْ فِي الْقَتْلِ : "Do not kill anyone other than your killer and do not mutilate him."
Bishr related to us — he said: Yazīd related to us, he said: Saʿīd related to us, on the authority of Qatāda — فَلَا يُسْرِفْ فِي الْقَتْلِ : "Do not kill anyone other than his killer; whoever killed with iron is killed with iron; whoever killed with wood is killed with wood; whoever killed with stone is killed with stone. It was related to us that the Prophet ﷺ used to say: 'Verily, the most rebellious of people toward Allah, exalted be His praise, are three: a man who killed one other than his killer; or one who killed out of tribal pride (dakhlan) in the pre-Islamic time; or one who killed within the sanctuary of Allah.'"
Yūnus related to me — he said: Ibn Wahb informed us — he said: I heard him — that is, Ibn Zayd — say — concerning the word of Allah, exalted be His praise, وَمَنْ قُتِلَ مَظْلُومًا فَقَدْ جَعَلْنَا لِوَلِيِّهِ سُلْطَانًا : "The Arabs used to, when one of them was killed, not be satisfied with killing the killer of their companion, but would kill the most eminent of the one who killed him. Allah, exalted be His praise, said: فَقَدْ جَعَلْنَا لِوَلِيِّهِ سُلْطَانًا — who assists him and enforces his right — فَلَا يُسْرِفْ فِي الْقَتْلِ — by killing an innocent person."
Those who said that the killer is meant:
Al-Qāsim related to us — he said: al-Ḥusayn related to us, he said: Ḥajjāj informed me, on the authority of Ibn Jurayj, on the authority of ʿAbdullāh ibn Kathīr, on the authority of Mujāhid — فَلَا يُسْرِفْ فِي الْقَتْلِ : "The killer must not commit excess in killing."
The correct position concerning the reading therein has already been mentioned. When both readings are correct in our judgment, then likewise all the modes of interpretation that we mentioned are not outside the correct — for the text is open to that — and in Allah's prohibition to some of His creatures of excess in the death penalty lies a prohibition from Him to all of them therefrom.
As for His word إِنَّهُ كَانَ مَنْصُورًا the exegetes differed over who is meant by the hāʾ in His word إِنَّهُ and to what it refers back. Some said: it refers to the next of kin of the slain, who is meant, and he is the one aided over the killer.
Those who said this are the following:
Ibn ʿAbd al-Aʿlā related to us — he said: Muḥammad ibn Thawr related to us, on the authority of Maʿmar, on the authority of Qatāda — إِنَّهُ كَانَ مَنْصُورًا : "That is the handing over by the imam to him — that is to say: to the next of kin — so that, if he wishes, he kills, and if he wishes, he pardons."
Others said: the hāʾ refers to the slain, so that according to this opinion it refers back to "whoever" (man) in His word وَمَنْ قُتِلَ مَظْلُومًا .
Those who said this are the following:
Al-Qāsim related to us — he said: al-Ḥusayn related to us, he said: Ḥajjāj informed me, on the authority of Ibn Jurayj, on the authority of ʿAbdullāh ibn Kathīr, on the authority of Mujāhid — إِنَّهُ كَانَ مَنْصُورًا : "The slain was aided."
Still others said: what is meant by it is the blood of the slain; they said: the meaning of the text is that the blood of the slain was aided over the killer.
The most consonant with the correct in my judgment is the opinion of the one who said: the hāʾ refers to the next of kin and reverts to him, for he is the one wronged — his kinsman being the slain — and he is also the one mentioned nearest compared to the mention of the slain; and he is also the one aided, for Allah, exalted be His praise, has decreed in His sent-down Book that He has given him authority over the killer of his kinsman, and lets him dispose of the matter therein by giving him the choice: either to kill him if he wishes, to let him live in exchange for the blood-money if he so desires, or to pardon him if he sees fit. This is already an aid from Allah, exalted be His praise, to him; for that reason we say that he is the one meant by the hāʾ in His word إِنَّهُ كَانَ مَنْصُورًا .