The Messenger of Allah (PBUH) said, "Reviling a Muslim is Fusuq (disobedience of Allah) and killing him is (tantamount to) disbelief.''
[Al-Bukhari and Muslim].
æÚä ÇÈä ãÓÚæÏ ÑÖí Çááå Úäå ÞÇá: ÞÇá ÑÓæá Çááå:
<<ÓÈÇÈ ÇáãÓáã ÝÓæÞ, æÞÊÇáå ßÝÑ>>
This hadith is an explanation and follow up of the previous hadith of the three signs of a hypocrite; specifically the clause "and when he quarrels, he abuses."
Definitions of terms:
In the hadith, the Prophet (salallahu 'alayhe wasallam) uses the word "ÓÈ", which means cursing and cussing (reviling).
Ibn Taymiya's definition of ÓÈ:
"Words to belittle or degrade a person and (even if one doesn't say it directly) it is understood that one's trying to degrade regardless of language or culture."
Definition of ÝÓæÞ:
"Fusuq" literally means someone going astray or deviating from the right path. It is like taking the central part of a fruit out, so that it cannot grow properly anymore.
The Islamic definition is as follows:
"Fusuq": a name given to someone who persistently commits a major sin and doesn't repent.
So from this hadith, it is apparent one who curses a Muslim is a fasiq (ÝÇÓÞ).
2. General lessons from the hadith:
This hadith teaches many things:
It describes how respectful and honorable a Muslim is.
It tells us Fusuq is less than kufr. The Prophet (salallahu 'alayhe wassallam) separated the two (reviling a Muslim and killing) and gave each a different name.
This hadith is an answer to khawarij (ÎæÇÑÌ) sect, which believed that if a person commits a major sin he becomes a kaafir. On the other hand, a fasiq (one who commits a major sin) is still a Muslim, and does not take him out of the fold of Islam.
3) Killing a Muslim is an aspect of Kufr.
3. Other verses and hadith that relate to this matter:
The Prophet (sal allahu alayhe wasalam) said:
áíÓ ÇáãÓáã ÈÇáØÚÇä æáÇ ÈÇááÚÇä æáÇ ÈÝÇÍÔ æáÇ ÈÐÆ
"The Muslim is not an accuser, curser, curser with evil tongue (big curser), or minor curser"
The Prophet also said, "Whoever curses a Muslim is like killed him. Whoever accuses another Muslim, then it is also like killing him."
This hadith proves how grave of a sin it is for one to accuse or curse his fellow Muslim brother. For one who does this, receives the same punishment of one who actually kills another Muslim.
Surat al-Hujurat: 11 ((ÇáÍÌÑÇÊ
íóÇ ÃóíøõåóÇ ÇáøóÐöíäó ÂãóäõæÇ áóÇ íóÓúÎóÑú Þóæãñ ãøöä Þóæúãò ÚóÓóì Ãóä íóßõæäõæÇ ÎóíúÑðÇ ãøöäúåõãú æóáóÇ äöÓóÇÁ ãøöä äøöÓóÇÁ ÚóÓóì Ãóä íóßõäøó ÎóíúÑðÇ ãøöäúåõäøó æóáóÇ ÊóáúãöÒõæÇ ÃóäÝõÓóßõãú æóáóÇ ÊóäóÇÈóÒõæÇ ÈöÇáúÃóáúÞóÇÈö ÈöÆúÓó ÇáÇöÓúãõ ÇáúÝõÓõæÞõ ÈóÚúÏó ÇáúÅöíãóÇäö æóãóä áøóãú íóÊõÈú ÝóÃõæúáóÆößó åõãõ ÇáÙøóÇáöãõæäó
(Talks about nicknames, and gesturing)
O ye who believe! let not some men among you laugh at others: it may be that the (latter) are better than the (former): Nor let some women laugh at others: it may be that the (latter) are better than the (former): nor defame nor be sarcastic to each other nor call each other by (offensive) nicknames: Ill-seeming is a name connoting wickedness (to be used of one) after he has believed: And those who do not desist are (Indeed) doing wrong. (49:11)
Surat Al-Nur: 4
æóÇáøóÐöíäó íóÑúãõæäó ÇáúãõÍúÕóäóÇÊö Ëõãøó áóãú íóÃúÊõæÇ ÈöÃóÑúÈóÚóÉö ÔõåóÏóÇÁ ÝóÇÌúáöÏõæåõãú ËóãóÇäöíäó ÌóáúÏóÉð æóáóÇ ÊóÞúÈóáõæÇ áóåõãú ÔóåóÇÏóÉð ÃóÈóÏðÇ æóÃõæúáóÆößó åõãõ ÇáúÝóÇÓöÞõæäó
(Playing with someone's honor)
And those who launch a charge against chaste women and produce not four witnesses (to support their allegation) flog them with eighty stripes: and reject their evidence ever after: for such men are wicked transgressors
The Prophet once asked Aisha about another woman. Aisha gestured with her hand to show the woman was short, and the Prophet replied to her by saying, "That movement, if it was to be placed in an ocean, it would change the color of it."
One time Ibn Umar was standing next to the Kaaba, after the conquest of Mecca. He said to it: "How honorable you are, but the honor of a Muslim is more than you."
Hadith: When someone curses another, the curse is taken to the sky. If it doesn't go through, then it comes back down to the earth, bounces left and right to find the person who was accused (if it's not applicable to the person), it reaches back to the curser.
There was a man who was known to be a drunk at the time of the Rasul. He was receiving his punishment, when someone cursed him. The Rasul said, "Do not curse him, because he loves Allah and his Messenger." Therefore, even if a person has committed a big sin, it is not lawful to curse him.
4. Permissibility to curse:
One who has cursed a person, has the right to curse him back.
áÇøó íõÍöÈøõ Çááøåõ ÇáúÌóåúÑó ÈöÇáÓøõæóÁö ãöäó ÇáúÞóæúáö ÅöáÇøó ãóä Ùõáöãó æóßóÇäó Çááøåõ ÓóãöíÚðÇ ÚóáöíãðÇ
4:148 Allah loveth not that evil should be noised abroad in public speech, except where injustice hath been done; for Allah is He who heareth and knoweth all things.
æóÅöäú ÚóÇÞóÈúÊõãú ÝóÚóÇÞöÈõæÇú ÈöãöËúáö ãóÇ ÚõæÞöÈúÊõã Èöåö æóáóÆöä ÕóÈóÑúÊõãú áóåõæó ÎóíúÑñ áøöáÕøóÇÈöÑíäó
16:126 And if ye do catch them out, catch them out no worse than they catch you out: But if ye show patience, that is indeed the best (course) for those who are patient.
æóáóãóäö ÇäÊóÕóÑó ÈóÚúÏó Ùõáúãöåö ÝóÃõæúáóÆößó ãóÇ Úóáóíúåöã ãøöä ÓóÈöíáò
42:41 But indeed if any do help and defend themselves after a wrong (done) to them, against such there is no cause of blame.
This aya means that one has the right to defend himself if he is cursed by others.
ÅöäøóãóÇ ÇáÓøóÈöíáõ Úóáóì ÇáøóÐöíäó íóÙúáöãõæäó ÇáäøóÇÓó æóíóÈúÛõæäó Ýöí ÇáúÃóÑúÖö ÈöÛóíúÑö ÇáúÍóÞøö ÃõæúáóÆößó áóåõã ÚóÐóÇÈñ Ãóáöíãñ
42:42 The blame is only against those who oppress men and wrong-doing and insolently transgress beyond bounds through the land, defying right and justice: for such there will be a penalty grievous.
In this aya, Allah is clarifying the correct way to retaliate against someone who curses others. He orders one not to go overboard, and be just when retaliating. One should remember not to oppress and transgress his boundaries.
æóáóãóä ÕóÈóÑó æóÛóÝóÑó Åöäøó Ðóáößó áóãöäú ÚóÒúãö ÇáúÃõãõæÑö
42:43 But indeed if any show patience and forgive, that would truly be an exercise of courageous will and resolution in the conduct of affairs.
One does have the right to curse another who cursed him, but if he is patient instead, he receives more reward.
Abu Bakr was sitting next to the Kaaba, and the kuffar were cursing and degrading him. While this was happening, the Rasul was smiling. When Abu Bakr cursed the kuffar back, the Rasul frowned. Abu Bakr asked why he was smiling and then frowned. He replied, "When you were patient and didn't answer, the angels were answering them. But when you answered them back with curses, they stopped."
Åöäøó Çááøóåó áóÚóäó ÇáúßóÇÝöÑöíäó æóÃóÚóÏøó áóåõãú ÓóÚöíÑðÇ
33:64 Verily Allah has cursed the Unbelievers and prepared for them a Blazing Fire,-
There are numerous Hadith in which the Prophet has said if one commits a certain act, they will be cursed. Among them are:
The one who deals with riba (interest)
The Prophet cursed the one who takes riba, the one who writes the contract, the one who witnesses the contract, and the one who gives the funds." (Tirmidhi)
Those who commit the acts of the people of Lut (homosexuality).
The Prophet said, "May Allah curse the one who commits the act of the people of Lut."
Those who curse his parents.
Abu Tufayl Amir ibn Wathilah reported: I was in the company of Ali ibn Abu Talib, when a person came to him, and said: What was it that Allah's Apostle (peace be upon him) told you in secret? Thereupon he (Ali) was enraged and said: Allah's Apostle (peace be upon him) did not tell me anything in secret, that he hid from people, except that he told me four things. He said: Commander of Faithful, what are these? He said: Allah cursed him who cursed his father; Allah cursed him who sacrificed for anyone besides Allah; and Allah cursed him who accommodates an innovator (in religion); and Allah cursed him who changed the minarets (the boundary lines) of the land.
Related by Muslim.
Those who take bribes and give bribes. (ÇáÑÔæÉ)
'Abdullah ibn Amr ibn al-'Ast narrated that Allah's Messenger cursed the one who bribes and the one who takes bribe. (Abu Dawud Hadith 3573)
The one who drinks and/or is associated with the exchange of alcohol in any way.
It was reported by Anas (may Allah be pleased with him), that Prophet Muhammad (pbuh) said:
"God's curse falls on ten groups of people who deal with alcohol. The one who distills it, the one for whom it has been distilled, the one who drinks it, the one who transports it, the one to who it has been brought, the one whom serves it, the one who sells it, the one who utilizes money from it, the one who buys it and the one who buys it for someone else." Sunan Ibn-I-Majah Volume 3, hadith number 3380
The one who leaves her husband's house without his consent.
Rasul said: "May Allah curse the woman who leaves her house without his consent."
The wife who sleeps and her husband is mad at her.
"It is not permitted for a woman who believes in Allah (SWT) to allow anyone into her husband's house whom he dislikes; or to go out when he does not want her to; or to obey anyone else against him; or to forsake his bed; or to hit him. (al-Hakim)
The one how encourages other women to be disobedient to her husband.
The woman who plucks her eyebrows. (ÇáãÊäãÕÉ)
It was narrated that 'Abd-Allaah said: "Allaah has cursed the women who do tattoos and those who ask for tattoos to be done, those who ask for their eyebrows to be plucked, and the women ask for their teeth to be filed for the purpose of beautification, changing the creation of Allaah."
It was reported the Prophet said, "May Allah curse the Jews, for they took the graves of their Messengers as places of worship."
If someone becomes angry for an Islamic cause.
The Prophet (salla allahu alayhe wasalam) was heading to conquer Mecca, when Hatib ibn Abi Balta'a sent a secret message with a woman to be delivered to Quraish with news of the Prophet coming to attack. Allah sent Jibril to reveal to Rasul what was taking place. After finding out the news, the Rasul sent Ali bin Abi Talib to the woman, before she reached Quraysh. Ali demanded the woman give him the note. She denied having it with her. Ali told her if she would not hand it over to him, that he would strip her and search for it; since he was sure she had it, because the Prophet never lied. She replied to him by telling him and his companions to turn their back. They did this, and after they turned around, the woman had the note in her hand (she had it hid in her hair). Ali took the note and went to meet the Prophet.
Umar bin Al-Khattab was standing with the Rasul, and once he heard what happened, and said, "Let me chop that hypocrite's neck off," referring to Hatib. This incident shows that Umar became mad even though Hatib wasn't a hypocrite. Hatib only wanted prestige and respect with Quraysh (since he had no relatives in Mecca.) The Prophet did not stop Umar from calling him a hypocrite, because he was angry due to an Islamic cause.
Example: Sulh Al-Hudaibiya (ÕáÍ ÇáÍÏíÈíÉ)
At the time of Sulh Al-Hudaibiya, Suhayl bin Amr (who was kafir at that time), mocked the Sahaba by saying to the Prophet that his companions are not capable of fighting against mushrikeen. Abu Bakr heard it and cursed him with a very offensive curse. The Prophet heard it but did not reprimand him.
Abu Dhar once called Bilal by referring to him "You son of a nigger." When the Prophet heard this, he exclaimed to Abu Dhar, "You are a man with jahilliya in you." (Jahilliya is a stage before one embraces Islam, or refers to the stage before Islam).
Can someone curse a particular person?
It is permissible if there is a benefit to a person or ummah:
it humiliates that person
it punishes that person
warn others about that person
or deters him and others of the act done
For example, if someone is a public figure or commits an act of haram in public, and he has been deterred, but still insists on committing the act.
The proof on this is one time the Rasul (salla allahu alayhe wasalam) saw a slave who was pregnant and near her was her master. Then the Rasul said about him, "I was about to curse this man a curse that would enter his grave." (the hadith doesn't tell why the Rasul was this angry)
In an authentic hadith, a group of Bedouins approached the Prophet (salla allahu alayhe wasalam) and gave him a difficult time. So the Prophet cursed them.
Ammarah bin Ruayba (ÚãÇÑÉ Èä ÑæíÈÉ) walked into a mosque and saw Bishr bin Marwan raise his hands while making dua during Jumuah Khutbah. Ammarah cursed him, "Qabaha Allah haytayn al-yadayn" (May Allah curse those two hands) because he never saw the Prophet doing that. The reason Ammarah cursed him was because Bishr was a public figure, and Ammaarah knew that if he wouldn't stop him, others would imitate what they saw him doing, which is an innovation (ÈÏÚÉ).
A person during the time of the Prophet (salla allahu alayhe wasalam) was evicted from his house because he used to bother his neighbors. People, thereafter, cursed him, but the Prophet did not stop people from doing that even though harming neighbors is a sin.
In Qunoot (ÇáÞäæÊ), in prayer, the Prophet used to curse people specifically, saying "Oh Allah, curse so and so, and so and so." Until Allah deterred him from cursing those particular people and they later became believers.
5. Types of curses:
A). To Allah and his Messenger Muhammad (salla allahu alayhe wasalam)
Ibn Taymiya said:
"Cursing Allah and his Messenger is Kufr, internally, and externally, regardless if the person thinks it's halal, or a belief (in his heart), or whether he thought it was haram."
-Someone who curses Allah and his messenger is assumed to be a kafir.
Side note: Mocking also takes one out of the fold of Islam.
When the Rasul and his companions were traveling to Tabuk to fight against the Romans, among the sahaba were those that mocked the other sahaba and Rasul. Someone heard the mockery, and reported it back to the Rasul. That is when Allah revealed the following aya:
Surat Tawba (9):
65 If thou dost question them they declare (with emphasis): "we were only talking in jokes and in play." Say: "was it at Allah and His signs and His apostle that ye were mocking?"
66 Make ye no excuses: ye have rejected faith after ye had accepted it. If We pardon some of you We will punish others amongst you for that they are in sin
Ishaq ibn Al-Rahawi said:
It is united upon all scholars that anyone who curses Allah and his Messenger is considered a kafir.
Åöäøó ÇáøóÐöíäó íõÄúÐõæäó Çááøóåó æóÑóÓõæáóåõ áóÚóäóåõãõ Çááøóåõ Ýöí ÇáÏøõäúíóÇ æóÇáúÂÎöÑóÉö æóÃóÚóÏøó áóåõãú ÚóÐóÇÈðÇ ãøõåöíäðÇ *
æóÇáøóÐöíäó íõÄúÐõæäó ÇáúãõÄúãöäöíäó æóÇáúãõÄúãöäóÇÊö ÈöÛóíúÑö ãóÇ ÇßúÊóÓóÈõæÇ ÝóÞóÏö ÇÍúÊóãóáõæÇ ÈõåúÊóÇäðÇ æóÅöËúãðÇ ãøõÈöíäðÇ
33:57 Those who annoy Allah and His Messenger - Allah has cursed them in this World and in the Hereafter, and has prepared for them a humiliating Punishment.
33:58 And those who annoy believing men and women undeservedly, bear (on themselves) a calumny and a glaring sin.
These two ayat are proof that someone who curses the Rasul is considered a kafir. In the second verse, Allah uses the word "buhtan" ÈõåúÊóÇäðÇ, which means a great lie. Someone who does lie, is not considered a kafir, but the sin itself is a serious one. The only thing worse than that is kufr. In the first aya mentioned, Allah says whoever curses Allah and his messenger, He has prepared a torment for them in the hereafter. He also specifically separates the two verses and torments, to show that the latter is less serious of a sin than the former. This is proof to show that someone who does such an act is considered a kafir.
Qady Iyad said:
There is no dispute that one who curses Allah is a kafir and his blood is therefore halal.
Imam Ahmad bin Hanbal said:
Whosoever curses Allah should have his neck chopped off.
According to the majority of scholars, we can't kill someone who curses Allah and his Messenger since we do not have a khilafa. Ibn Taymiya, on the other hand, said the reputable scholars and the leaders of a tribe or community should come together and issue a verdict against the curser, and then order young people to kill him. However, this opinion has some drawback because if we start doing that then there is no end to it.
The sahaba are held in such high regard, they deserve nothing but respect from the Muslims. There are a few reasons why one should not curse the sahaba:
Sahaba are an essential part of Islam since they carried on the Rasul's message.
When one curses the sahaba, in essence, he is rebelling against Allah's commands and verses in the Quran. There are many verses in the Quran that show the importance of these men and women around the Rasul (which will come below).
The Rasul is our link from Allah, and the sahaba are our link from the Rasul. Without them, there would not be the Islam that we have. In surat al-Fath: 18, Allah says:
áóÞóÏú ÑóÖöíó Çááøóåõ Úóäö ÇáúãõÄúãöäöíäó ÅöÐú íõÈóÇíöÚõæäóßó ÊóÍúÊó ÇáÔøóÌóÑóÉö ÝóÚóáöãó ãóÇ Ýöí ÞõáõæÈöåöãú ÝóÃóäÒóáó ÇáÓøóßöíäóÉó Úóáóíúåöãú æóÃóËóÇÈóåõãú ÝóÊúÍðÇ ÞóÑöíÈðÇ
48:18 Allah's Good Pleasure was on the Believers when they swore Fealty to thee under the Tree: He knew what was in their hearts, and He sent down Tranquillity to them; and He rewarded them with a speedy Victory.
Allah has chosen the sahaba over all of humankind. He has promised them heaven because of their patience and strong faith. When Abu Bakr was in the cave with the Rasul, his only concern was the safety of the Rasul, so much so, he began to cry. Then Allah revealed the aya:
ÅöáÇøó ÊóäÕõÑõæåõ ÝóÞóÏú äóÕóÑóåõ Çááøåõ ÅöÐú ÃóÎúÑóÌóåõ ÇáøóÐöíäó ßóÝóÑõæÇú ËóÇäöíó ÇËúäóíúäö ÅöÐú åõãóÇ Ýöí ÇáúÛóÇÑö ÅöÐú íóÞõæáõ áöÕóÇÍöÈöåö áÇó ÊóÍúÒóäú Åöäøó Çááøåó ãóÚóäóÇ ÝóÃóäÒóáó Çááøåõ ÓóßöíäóÊóåõ Úóáóíúåö æóÃóíøóÏóåõ ÈöÌõäõæÏò áøóãú ÊóÑóæúåóÇ æóÌóÚóáó ßóáöãóÉó ÇáøóÐöíäó ßóÝóÑõæÇú ÇáÓøõÝúáóì æóßóáöãóÉõ Çááøåö åöíó ÇáúÚõáúíóÇ æóÇááøåõ ÚóÒöíÒñ Íóßöíãñ
9:40 If ye help not (your leader), (it is no matter): for Allah did indeed help him, when the Unbelievers drove him out: he had no more than one companion; they two were in the cave, and he said to his companion, "Have no fear, for Allah is with us": then Allah sent down His peace upon him, and strengthened him with forces which ye saw not, and humbled to the depths the word of the Unbelievers. But the word of Allah is exalted to the heights: for Allah is Exalted in might, Wise.
Proof on the importance and preference of the sahaba:
áóÞóÏ ÊøóÇÈó Çááå Úóáóì ÇáäøóÈöíøö æóÇáúãõåóÇÌöÑöíäó æóÇáÃóäÕóÇÑö ÇáøóÐöíäó ÇÊøóÈóÚõæåõ Ýöí ÓóÇÚóÉö ÇáúÚõÓúÑóÉö ãöä ÈóÚúÏö ãóÇ ßóÇÏó íóÒöíÛõ ÞõáõæÈõ ÝóÑöíÞò ãøöäúåõãú Ëõãøó ÊóÇÈó Úóáóíúåöãú Åöäøóåõ Èöåöãú ÑóÄõæÝñ ÑøóÍöíãñ
9:117 Allah turned with favour to the Prophet, the Muhajirs, and the Ansar,- who followed him in a time of distress, after that the hearts of a part of them had nearly swerved (from duty); but He turned to them (also): for He is unto them Most Kind, Most Merciful.
áöáúÝõÞóÑóÇÁ ÇáúãõåóÇÌöÑöíäó ÇáøóÐöíäó ÃõÎúÑöÌõæÇ ãöä ÏöíÇÑöåöãú æóÃóãúæóÇáöåöãú íóÈúÊóÛõæäó ÝóÖúáðÇ ãøöäó Çááøóåö æóÑöÖúæóÇäðÇ æóíóäÕõÑõæäó Çááøóåó æóÑóÓõæáóåõ ÃõæúáóÆößó åõãõ ÇáÕøóÇÏöÞõæäó * æóÇáøóÐöíäó ÊóÈóæøóÄõæÇ ÇáÏøóÇÑó æóÇáúÅöíãóÇäó ãöä ÞóÈúáöåöãú íõÍöÈøõæäó ãóäú åóÇÌóÑó Åöáóíúåöãú æóáóÇ íóÌöÏõæäó Ýöí ÕõÏõæÑöåöãú ÍóÇÌóÉð ãøöãøóÇ ÃõæÊõæÇ æóíõÄúËöÑõæäó Úóáóì ÃóäÝõÓöåöãú æóáóæú ßóÇäó Èöåöãú ÎóÕóÇÕóÉñ æóãóä íõæÞó ÔõÍøó äóÝúÓöåö ÝóÃõæúáóÆößó åõãõ ÇáúãõÝúáöÍõæäó * æóÇáøóÐöíäó ÌóÇÄõæÇ ãöä ÈóÚúÏöåöãú íóÞõæáõæäó ÑóÈøóäóÇ ÇÛúÝöÑú áóäóÇ æóáöÅöÎúæóÇäöäóÇ ÇáøóÐöíäó ÓóÈóÞõæäóÇ ÈöÇáúÅöíãóÇäö æóáóÇ ÊóÌúÚóáú Ýöí ÞõáõæÈöäóÇ ÛöáøðÇ áøöáøóÐöíäó ÂãóäõæÇ ÑóÈøóäóÇ Åöäøóßó ÑóÄõæÝñ ÑøóÍöíãñ
59:8 (Some part is due) to the indigent Muhajirs, those who were expelled from their homes and their property, while seeking Grace from Allah and (His) Good Pleasure, and aiding Allah and His Messenger. such are indeed the sincere ones:-
59:9 But those who before them, had homes (in Medina) and had adopted the Faith,- show their affection to such as came to them for refuge, and entertain no desire in their hearts for things given to the (latter), but give them preference over themselves, even though poverty was their (own lot). And those saved from the covetousness of their own souls,- they are the ones that achieve prosperity.
59:10 And those who came after them say: "Our Lord! Forgive us, and our brethren who came before us into the Faith, and leave not, in our hearts, rancour (or sense of injury) against those who have believed. Our Lord! Thou art indeed Full of Kindness, Most Merciful."
ÝóÇÓúÊóÌóÇÈó áóåõãú ÑóÈøõåõãú Ãóäøöí áÇó ÃõÖöíÚõ Úóãóáó ÚóÇãöáò ãøöäßõã ãøöä ÐóßóÑò Ãóæú ÃõäËóì ÈóÚúÖõßõã ãøöä ÈóÚúÖò ÝóÇáøóÐöíäó åóÇÌóÑõæÇú æóÃõÎúÑöÌõæÇú ãöä ÏöíóÇÑöåöãú æóÃõæÐõæÇú Ýöí ÓóÈöíáöí æóÞóÇÊóáõæÇú æóÞõÊöáõæÇú áÃõßóÝøöÑóäøó Úóäúåõãú ÓóíøöÆóÇÊöåöãú æóáÃõÏúÎöáóäøóåõãú ÌóäøóÇÊò ÊóÌúÑöí ãöä ÊóÍúÊöåóÇ ÇáÃóäúåóÇÑõ ËóæóÇÈðÇ ãøöä ÚöäÏö Çááøåö æóÇááøåõ ÚöäÏóåõ ÍõÓúäõ ÇáËøóæóÇÈö
3:195 And their Lord hath accepted of them, and answered them: "Never will I suffer to be lost the work of any of you, be he male or female: Ye are members, one of another: Those who have left their homes, or been driven out therefrom, or suffered harm in My Cause, or fought or been slain,- verily, I will blot out from them their iniquities, and admit them into Gardens with rivers flowing beneath;- A reward from the presence of Allah, and from His presence is the best of rewards."
æóÇáÓøóÇÈöÞõæäó ÇáÃóæøóáõæäó ãöäó ÇáúãõåóÇÌöÑöíäó æóÇáÃóäÕóÇÑö æóÇáøóÐöíäó ÇÊøóÈóÚõæåõã ÈöÅöÍúÓóÇäò ÑøóÖöíó Çááøåõ Úóäúåõãú æóÑóÖõæÇú Úóäúåõ æóÃóÚóÏøó áóåõãú ÌóäøóÇÊò ÊóÌúÑöí ÊóÍúÊóåóÇ ÇáÃóäúåóÇÑõ ÎóÇáöÏöíäó ÝöíåóÇ ÃóÈóÏðÇ Ðóáößó ÇáúÝóæúÒõ ÇáúÚóÙöíãõ
9:100 The vanguard (of Islam)- the first of those who forsook (their homes) and of those who gave them aid, and (also) those who follow them in (all) good deeds,- well- pleased is Allah with them, as are they with Him: for them hath He prepared gardens under which rivers flow, to dwell therein for ever: that is the supreme felicity.
æóÇáøóÐöíäó ÂãóäõæÇú æóåóÇÌóÑõæÇú æóÌóÇåóÏõæÇú Ýöí ÓóÈöíáö Çááøåö æóÇáøóÐöíäó ÂæóæÇú æøóäóÕóÑõæÇú ÃõæáóÜÆößó åõãõ ÇáúãõÄúãöäõæäó ÍóÞøðÇ áøóåõã ãøóÛúÝöÑóÉñ æóÑöÒúÞñ ßóÑöíãñ
8:74 Those who believe, and adopt exile, and fight for the Faith, in the cause of Allah as well as those who give (them) asylum and aid,- these are (all) in very truth the Believers: for them is the forgiveness of sins and a provision most generous.
There are also many hadith supporting this, including a whole chapter in Sahih Al-Bukhari. For example:
ÇíÉ ÇáÇíãÇä ÍÈ ÇáÇäÕÇÑ æÇíÉ ÇáãäÇÝÞ ÈÛÖ ÇáÇäÕÇÑ
ãä ÓÈ ÇÕÍÇÈí ÝÚáíå áÚäÉ Çááå æÇáãáÇÆßÉ æÇáäÇÓ ÇÌãÚíä
ÇáÓáÓáÉ ÇáÕÍíÍÉ 3340
AbdurRahman bin Awf and Khalid bin Waleed, raddiya Allah anhum, had an argument at one time, and Khalid had said some inappropriate words. When the matter went to the Rasul, even before hearing what happened, he told Khalid, "Don't curse my companions. Even if you were to spend gold in charity the equivalent amount of Mt. Uhud, you wouldn't be like them."
This was said to Khalid since AbdurRahman had become Muslim before Khalid had.
Narrated by Jabir, the Rasul said about those companions who gave pledge in Hudaybiah, "None will enter hell who gave commitment under the tree."
'Imran bin Hussain said:
"The Prophet said, 'The best of you (people) are my generation, and the second best will be those who will follow them, and then those who will follow the second generation." Imran added, "I do not remember whether he mentioned two or three (generations) after his generation." He added, "Then will come some people who will make vows but will not fulfill them; and they will be dishonest and will not be trustworthy, and they will give their witness without being asked to give their witness, and fatness will appear among them." (Sahih Al-Bukhari)
Sayings of the scholars:
Ibn Umar said:
Do not curse the Prophet's companions, for moments of their time with the Rasul is better than what you can do in 40 years.
Imam Ahmad was once asked about someone who curses the Sahaba. He replied by saying, "I do not see him following Islam."
Ibn Kathir has said regarding the verse that clears Aisha, radiya Allah anha:
There is ÇÌãÇÚ (ijma'a) among the scholars that anyone who curses Aisha is considered a kafir.
Al-Hasan ibn Zaid (ÇáÍÓä Èä ÒíÏ) was a big scholar of ÇáÚáæííä, or those who believe that Ali is Allah. He was shown a man who curses Aisha, radiya Allah anha, and commented, "Chop his neck off."
Imam Ja'fer As-Sadiq, the teacher of Imam Abu Hanifah, whom many Shia consider as their great scholar, had numerous sayings about the respect of Sahaba.
Aisha radiya Allah anha was told about some who curse the sahaba. She said, "Their actions stop in which they could achieve deeds, but Allah didn't want to end their deeds (so they are still getting rewards for what they did)."
Why are the sahaba held in such high regard?
The sahaba were people who gave everything they had in the name of Islam. They sacrificed their money, family and lives solely for the sake of Allah. There are many stories in the seerah illustrating their commitment to Allah, his Messenger, and the religion of Islam. Following are only a few:
- During Hajj season, seventy three (73) men came to take bay'ah (pledge) with the Prophet from Yathrib (Medina). The Islamic da'wah was banned in public in Mecca so the Prophet was scared and ordered his companions to watch around while the men took pledges. When these men heard it, they said, "Let us kill them or be killed by them, it is better than seeing you, O Prophet, in fear." These were the honorable group of people, the Ansaar, who welcomed the Prophet and opened the gates for the establishment of Islamic Khilafah.
-Anytime a group of people approached the Rasul, wanting to convert, the Rasul sat with them and taught them Islam. He also would send someone from the sahaba to the city or town to teach the rest. A group of tribesmen once approached the Rasul wanting to convert. So Rasul sent Zayd in Al-Tuthna (ÒíÏ Èä ÇáÏËäÉ) to teach them Quran. The tribesmen did not really want to convert, but rather wanted to take revenge on the sahaba. So they began to kill the people sent with Zayd. Before they killed Zayd, he was asked, "Wouldn't you rather be in the luxury of your home, and have Muhammad take your place?" He said, "I would rather be in this place than a thorn enter the foot of the Rasul."
ÒíÏ ÃÊÍÈ Ãä ãÍãÏðÇ ãßÇäß ÇáÂä íÖÑÈ ÚäÞå æÃäß Ýí Ãåáß
ÝÇäÊÝÖ ÒíÏ æÞÇá æÇááå ãÇ ÃÍÈ Ãä ãÍãÏðÇ Ýí ãßÇäå ÇáÐí åæ Ýíå ÊÕíÈå ÔæßÉ æÃäÇ ÌÇáÓ Ýí Ãåáí
-Another sahaba, while being crucified said, "Oh Allah, give the Rasul my salaam."
- The love of Abu Bakr for the Prophet was unsurpassed. There are numerous examples that show his immense love and respect for the Prophet of Allah (salallahu 'alayhe wassallam). These are just a few:
*He guarded the Prophet in the cave of Thawr and protected him from poisonous insects.
*While migrating to Medina, the Prophet and Abu Bakr stationed near Medina. They were overwhelmed with thirst. Abu Bakr put the milk for Allah's Apostle in a pot and closed its mouth with a piece of cloth and poured water over it till it became cold. He took it to the Prophet and said, "Drink, O Allah's Apostle!" The Prophet accepted it. Abu Bakr said, "The Prophet drank and drank till I became full."
*The day when Abu Bakr's father became Muslim, he started crying. When he was asked about the reason, he said that if the Prophet's father (was alive &) had become Muslim, it would have been happier moment for him because the Prophet would have been happy.
-There was a quarrel between Abbas, the uncle of the Rasul, and Umar bin Khattab. Abbas said something bad to Umar, but Umar replied, "Don't say this to me. Your becoming a Muslim was more pleasing to me than if Khattab had become Muslim because I knew that the Prophet of Allah salallahu 'alayhe wassallam was pleased."
-Yazeed bin Thakhan was a young Sahabi who was popular among his friends; however, unlike today's youth, he used his popularity for the sake of Islam. He took his friends to defend the Prophet when almost everyone deserted him in the Battle of Uhud. His friends fell fighting one after another, but he fought as if he did not want to die just because he wanted to protect the Messenger of Allah (salallahu 'alayhe wassallam). Nevertheless, he was hit and was about to fall down on his cheeks but Prophet took him and said, "Allah is my witness, he fulfilled his commitment."
-There was a woman from Bani Najjar whose husband, son, and brother went out to fight in Uhud. When the sahaba were returning, they went to her to tell her all three had been martyred. The sahaba informed her that her husband was martyred. She replied by saying, "How is the Rasul?" Then the same thing was told about her son and brother, and she answered in the same way. She was then told the Rasul was fine, so she asked to see him. Once she saw him, she said to the Rasul, "Every misfortune is easy after seeing you."
((ãÇ ÝÚá ÑÓæá Çááå¿ ÞÇá ÎíÑðÇ æßãÇ ÊÍÈíä. ÝÞÇáÊ ÃÑäí ÃäÙÑ Åáíå¡ ÝáãÇ ÑÃÊ ÑÓæá Çááå Êåáá æÌååÇ æÞÇáÊ ßá ãÕíÈÉ íÇ ÑÓæá Çááå ÈÚÏß Ìáá
Nusaybah-Çã ÚãÇÑÉ was giving the sahaba water and tending to the wounded during the Battle of Uhud. She saw the Prophet wounded. So she wrapped her dress around her and took a sword in one hand, and a stick in the other to begin fighting. She told the Prophet she would take more and more. So the Prophet asked her what she wanted, and she replied, "I want my family and I to enter Paradise".
C. Cursing the believers
A) Calling a Muslim a kafir.
Rasul (salallahu 'alayhe wassallam) said: "If a man says to his brother, 'O Kafir (disbeliever)!' Then surely one of them is such (i.e., a Kafir)." [Sahih Al-Bukhari]
Similarly, calling someone sufi, khawarij, shia or any other offensive name falls into the same category. Same thing applies to calling him a pig, dog etc.
B) Someone's honor.
Allah has mentioned the importance of a Muslim's honor in over ten verses in Surat Al-Nur. Among them:
Åöäøó ÇáøóÐöíäó íóÑúãõæäó ÇáúãõÍúÕóäóÇÊö ÇáúÛóÇÝöáóÇÊö ÇáúãõÄúãöäóÇÊö áõÚöäõæÇ Ýöí ÇáÏøõäúíóÇ æóÇáúÂÎöÑóÉö æóáóåõãú ÚóÐóÇÈñ ÚóÙöíãñ
24:23 Those who slander chaste women, indiscreet but believing, are cursed in this life and in the Hereafter: for them is a grievous Penalty
In a hadith the Rasul said:
áÇ íÏÎá ÇáÌäÉ ÞÊÇÊ
A "qattat" will not enter heaven. A "qattat" is an eavesdropper, precisely someone who hears something from a group of people, then takes that information to others, while it is the truth. He has no need to spread this information, so it is better for him to stay quiet. If one adds lies to it then one is a slanderer and is worse than a qattat.
C) Defaming the dead
The person who has passed away has the same honor as someone who is still living. The Rasul said,
ßÓÑ ÚÙã ÇáãíÊ ßßÓÑå æåæ Íí
"Breaking the bone of someone dead is like breaking the bone of a person who is alive."
Narrated by Aisha: Allah's Apostle (peace be upon him) said: If a company of Muslims, numbering one hundred, pray over a dead person, all of them interceding for him, their intercession for him will be accepted. (Sahih Muslim)
It is a great sin for someone to talk badly or degrade his fellow Muslim brother. There are many ahadith that allude to this.
During the Rasul's journey of Isra'a wal Ma'araj, he saw people in hell who had brass claws as fingernails ripping their cheek and poking their chests. When the Rasul inquired why these people were doing so, he was told they used to talk about people and spread lies about others.
During the battle of Uhud, a woman saw her son had been martyred. So she exclaimed, "Glory to you heaven, oh my dear son." When the Rasul heard this, he replied, "Do not say that. Perhaps he used to talk ill about others."
It is known the one who deals with usury, Allah declares war against him. He will be given a weapon on the Day of Judgment and told to fight against Allah. There are many kinds of riba, and the worst of them, is saying about one's brother's honor which he has no right to say.
The Rasul said:
"Whoever says something about his brother that which is not right will have a place in hell in ÑÏÛÉ ÇáÎÈÇá (which is an area in hell where all the pus of the burning flesh falls).
The Prophet said, "Whoever says about his brother a word he doesn't deserve, Allah will block him on a bridge in Hellfire until he proves what he said."
In another narration, he said, "Whoever says about his brother that which he doesn't deserve, Allah will block him in hell fire until he proves what he said."
Whoever defends his brother when he needs it most, while others are disgracing him, Allah will defend him (whether it be in this life or on the Day of Judgment). Also, whoever is silent and doesn't defend his brother at a time when his honor is defamed, Allah doesn't defend him when he needs it most.
æÞÊÇáå ßÝÑ> >
"and fighting (to the point of killing) him is kufr."
What are the ramifications of someone who kills another Muslim?
Allah has mentioned many times in the Quran the seriousness of a Muslim killing another. So much so, that is the 2nd biggest sin in Islam, second only to Shirk (associating partners to Allah).
æóÇáøóÐöíäó áóÇ íóÏúÚõæäó ãóÚó Çááøóåö ÅöáóåðÇ ÂÎóÑó æóáóÇ íóÞúÊõáõæäó ÇáäøóÝúÓó ÇáøóÊöí ÍóÑøóãó Çááøóåõ ÅöáøóÇ ÈöÇáúÍóÞøö æóáóÇ íóÒúäõæäó æóãóä íóÝúÚóáú Ðóáößó íóáúÞó ÃóËóÇãðÇ
25:68 Those who invoke not, with Allah, any other god, nor slay such life as Allah has made sacred except for just cause, nor commit fornication; - and any that does this (not only) meets punishment.
The one that has killed intentionally will be the first to be reckoned on the day of judgment.
æóãóä íóÞúÊõáú ãõÄúãöäðÇ ãøõÊóÚóãøöÏðÇ ÝóÌóÒóÂÄõåõ Ìóåóäøóãõ ÎóÇáöÏðÇ ÝöíåóÇ æóÛóÖöÈó Çááøåõ Úóáóíúåö æóáóÚóäóåõ æóÃóÚóÏøó áóåõ ÚóÐóÇÈðÇ ÚóÙöíãðÇ
4:93 If a man kills a believer intentionally, his recompense is Hell, to abide therein forever: And the wrath and the curse of Allah are upon him, and a dreadful penalty is prepared for him.
So from this aya, one can see there are five punishments for one who kills another without a just cause.
ãóä ÞóÊóáó äóÝúÓðÇ ÈöÛóíúÑö äóÝúÓò Ãóæú ÝóÓóÇÏò Ýöí ÇáÃóÑúÖö ÝóßóÃóäøóãóÇ ÞóÊóáó ÇáäøóÇÓó ÌóãöíÚðÇ æóãóäú ÃóÍúíóÇåóÇ ÝóßóÃóäøóãóÇ ÃóÍúíóÇ ÇáäøóÇÓó ÌóãöíÚðÇ
5:32 If any one slew a person - unless it be for murder or for spreading mischief in the land - it would be as if he slew the whole people: and if any one saved a life, it would be as if he saved the life of the whole people.
The Rasul has said:
"For the earth to be demolished is easier to Allah than for someone to kill a Muslim."
Umar radiya Allah anhu one time killed seven people because they had all collaborated together to kill one man. People questioned Umar why he did this and he answered, "If all of Sana'a (in Yemen) conspired to kill a Muslim, I would kill them all of them as well." This also shows how sacred the blood of a Muslim is.
Attempted murder or conspiracy against a Muslim to kill him is the same as killing him.
The Rasul said:
áæ Çä Çåá ÇáÓãÇÁ æÇáÇÑÖ ÇÔÊÑßæÇ Ýí ÞÊá ÇãÑÁ ãÓáã áßÈåã Çááå Ýí Ìåäã
"If the people of the sky and earth were to conspire to kill a Muslim, Allah would throw them in hell-fire."
He (salallahu 'alayhe wassallam) also said:
"If anyone helps in killing a believer to the extent of half a word, he will meet Allah with 'Despairing of Allah's mercy' written on his forehead."
Types of killing:
This kind falls under all the previously mentioned hadith and ayat.
If there was an Islamic state ruled by a khalifa, and one killed another person and asked for forgiveness, and the family of the killed forgives, then the killer is freed. (The family member must be a close, male relative of the killed). Even if one person forgives that is enough to liberate the killer.
Whereas, in the same situation an adultery or thief was brought before the khalifa and said that he had repented, the punishment would still have to be carried out. So long as the matter has been brought to khalifa or judge, then the ruling must be implemented.
Imam Maalik & Imam Shafa'ee are of the opinion that the one who kills intentionally has to pay blood money as well. Their justification on this is the fact that if a person who kills unintentionally, and similar to that, has to pay 100 camels, then the person who killed intentionally should too. Though this opinion may seem fairer, we don't have any evidence from Quran or Sunnah to support this view.
Similar to intentional:
This is a situation where someone may fight or throw something at someone, not having the intention of killing them, but they are killed. This happened at the time of the Prophet (salallahu 'alayhe wassallam). A woman had thrown a rock at another woman, killing her and her baby. So the Rasul ordered 100 camels to be given as ÏíÉ (blood money) out of which 40 camels were pregnant. The pregnant camels are more valuable than the regular camels; thus, this blood money is heavier punishment than paying 100 regular camels as in the case of one who kills unintentionally (see below for more info).
The ruling of someone who does this:
All scholars agree this person does not get killed, but he has to pay a ÏíÉ (blood-money) equal to 100 camels plus more. The judge is the one who calculates how much 100 camels is at the time of the killing. It is important to note that the blood money is more than 100 camels.
In this case, a person can be forgiven by the murdered person's family as well. The killer has to repent, free a slave (and if he can't), fast for 60 days .
The person who kills another unintentionally has to pay the equivalent of 100 camels, no more (unlike the previously mentioned, where he has to pay more than 100 camels).
If a person can't afford the ÏíÉ, then he is not responsible to pay it, but rather his tribe has to. In a situation where the man who killed and his tribe can't pay, then the Muslim treasury has to pay it.
A family who has a member that was killed intentionally has three choices from the killer.
He is either:
Pays a set amount of money as "forgiveness"
Forgiving the killer without him paying anything.
A person who kills unintentionally and similar to intentionally, still has to repent to Allah for forgiveness, as well as free a slave. If he can't free a slave, then he must fast 60 consecutive days.
æóãóÇ ßóÇäó áöãõÄúãöäò Ãóä íóÞúÊõáó ãõÄúãöäðÇ ÅöáÇøó ÎóØóÆðÇ æóãóä ÞóÊóáó ãõÄúãöäðÇ ÎóØóÆðÇ ÝóÊóÍúÑöíÑõ ÑóÞóÈóÉò ãøõÄúãöäóÉò æóÏöíóÉñ ãøõÓóáøóãóÉñ Åöáóì Ãóåúáöåö ÅöáÇøó Ãóä íóÕøóÏøóÞõæÇú ÝóÅöä ßóÇäó ãöä Þóæúãò ÚóÏõæøò áøóßõãú æóåõæó ãúÄúãöäñ ÝóÊóÍúÑöíÑõ ÑóÞóÈóÉò ãøõÄúãöäóÉò æóÅöä ßóÇäó ãöä Þóæúãò Èóíúäóßõãú æóÈóíúäóåõãú ãøöíËóÇÞñ ÝóÏöíóÉñ ãøõÓóáøóãóÉñ Åöáóì Ãóåúáöåö æóÊóÍúÑöíÑõ ÑóÞóÈóÉò ãøõÄúãöäóÉð Ýóãóä áøóãú íóÌöÏú ÝóÕöíóÇãõ ÔóåúÑóíúäö ãõÊóÊóÇÈöÚóíúäö ÊóæúÈóÉð ãøöäó Çááøåö æóßóÇäó Çááøåõ ÚóáöíãðÇ ÍóßöíãðÇ
4:92 Never should a believer kill a believer; but (If it so happens) by mistake, (Compensation is due): If one (so) kills a believer, it is ordained that he should free a believing slave, and pay compensation to the deceased's family, unless they remit it freely. If the deceased belonged to a people at war with you, and he was a believer, the freeing of a believing slave (Is enough). If he belonged to a people with whom ye have treaty of Mutual alliance, compensation should be paid to his family, and a believing slave be freed. For those who find this beyond their means, (is prescribed) a fast for two months running: by way of repentance to Allah. for Allah hath all knowledge and all wisdom.
The reason for this compensation for unintentional killing is because (1) even though a person had no objective to kill someone, he still had a portion of role in killing that person. (2) This also shows us how much Islam honors the Muslim blood.
The issue of carrying weapons:
It is not only haraam but also a major sin to carry weapons around and point them at the Muslims.
The Prophet said, "None of you should point towards his Muslim brother with a weapon, for he does not know Satan may tempt him to hit him and thus he would fall into a pit of fire (Hell)."(Sahih Al-Bukhari)
Rasul (peace be upon him) said: He who pointed a weapon towards his brother, the angels invoke curse upon him even if he is his real brother so long as he does not abandon it (the pointing of weapon towards one's brother Muslim). (Sahih Muslim)
The companions of Muhammad (be upon him) said that they were traveling with the Prophet (peace be upon him), and a man among them fell asleep. Some of the companions got a rope and tied him up, and he got scared.
The Messenger of Allah (peace be upon him) heard and said: 'It is not permissible for a Muslim to frighten another Muslim.'" (Abu Dawood).
Does a Muslim who kills another Muslim abide in the Hell fire forever?
Allah says in Quran:
æóãóä íóÞúÊõáú ãõÄúãöäðÇ ãøõÊóÚóãøöÏðÇ ÝóÌóÒóÂÄõåõ Ìóåóäøóãõ ÎóÇáöÏðÇ ÝöíåóÇ æóÛóÖöÈó Çááøåõ Úóáóíúåö æóáóÚóäóåõ æóÃóÚóÏøó áóåõ ÚóÐóÇÈðÇ ÚóÙöíãðÇ
4:93 If a man kills a believer intentionally, his recompense is Hell, to abide therein forever: And the wrath and the curse of Allah are upon him, and a dreadful penalty is prepared for him.
The above mentioned verse says that the one who kills a believer lives in the Hellfire for eternity. On the other hand, we know that Allah forgives all sins accept Shirk (associating partners with Him). The scholars have the following opinions regarding this:
It is known that Allah will accept repentance of a person who has killed. This verse refers to someone who does not repent, if Allah were to punish him that's how it would be.
If a person who kills does so thinking it is halal. Then the punishment applies.
This verse refers to a kafir killing a Muslim.
The strongest opinion of the three is the first.
Ibn Umar and Ibn Abbas raddiya Allahu anhum say that a person who kills can not repent and be forgiven. They said this to deter people from killing.
æóÅöä ØóÇÆöÝóÊóÇäö ãöäó ÇáúãõÄúãöäöíäó ÇÞúÊóÊóáõæÇ ÝóÃóÕúáöÍõæÇ ÈóíúäóåõãóÇ ÝóÅöä ÈóÛóÊú ÅöÍúÏóÇåõãóÇ Úóáóì ÇáúÃõÎúÑóì ÝóÞóÇÊöáõæÇ ÇáøóÊöí ÊóÈúÛöí ÍóÊøóì ÊóÝöíÁó Åöáóì ÃóãúÑö Çááøóåö ÝóÅöä ÝóÇÁÊú ÝóÃóÕúáöÍõæÇ ÈóíúäóåõãóÇ ÈöÇáúÚóÏúáö æóÃóÞúÓöØõæÇ Åöäøó Çááøóåó íõÍöÈøõ ÇáúãõÞúÓöØöíäó
49:9 If two parties among the Believers fall into a quarrel, make ye peace between them: but if one of them transgresses beyond bounds against the other then fight ye (all) against the one that transgresses until it complies with the command of Allah; but if it complies then make peace between them with justice and be fair: for Allah loves those who are fair (and just).
In the previous aya, Allah specifically mentions "among the believers". He did not call either of the two groups a kafir. So even if one group of the Muslims is wrong to fight, one cannot call them a kafir.
Ýóãóäú ÚõÝöíó áóåõ ãöäú ÃóÎöíåö ÔóíúÁñ ÝóÇÊøöÈóÇÚñ ÈöÇáúãóÚúÑõæÝö æóÃóÏóÇÁ Åöáóíúåö ÈöÅöÍúÓóÇäò Ðóáößó ÊóÎúÝöíÝñ ãøöä ÑøóÈøößõãú æóÑóÍúãóÉñ
2:178 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.
Allah called the one who killed "their brother"
Difference between the two terms:ÞÊÇá and ÞÊá
Essentially the two words both mean the same: killing.
The difference between the two words is the severity. ÞóóÊóáú is more severe. For example, when a group of people occupy the Muslim lands, it is considered ÞÊá . Every single occupier's blood becomes lawful to be shed, women may be taken along with children as slaves.
Whereas, ÞöÊóÇáú refers only to those who are not following the commands are killed. For example, during the time of Abu Bakr, there were a group of people that claimed that Zakah was not fard; therefore they did not pay it. So Abu Bakr fought them until they changed. This is less severe, since not as many are killed, and it's done until people follow the Islamic rulings. Once the people start to practice the laws, then the killing must stop. Their wealth kids and women are not lawful for Muslims.
In this hadith, the Prophet used the word kufr and not AL-kufr. The difference between the two is kufr is an aspect of al-kufr, but does not make one a disbeliever. Al-kufr refers to someone who is a disbeliever. The only time the sahaba used to consider someone under the second category is one who doesn't pray. For all other Islamic rulings, he is not considered a kafir.
Drinking & Killing:
The question then arises, what if someone was drunk and kills someone, does the punishment apply to him? The answer is yes since he is still responsible for his actions, and he was the one who chose to get drunk leaving himself in a state of delusion. If drunks are not killed that opens the door for people to get drunk and then kill to save themselves from the punishment which would cause kais.
The case of a mentally ill:
One who is mentally insane is not held accountable. The test that was done in the past to determine if a person is insane or not was to give him a rock in one hand, and a date in the other. If he couldn't differentiate which one was edible, then he was forgiven of the killing he committed.