"The lives of the believers are equal in value, and they are one against others, and they hasten to support the asylum granted by the least of them. But no believer may be killed in return for a disbeliever, nor one with a covenant while his covenant is in effect."
The Book of Oaths (qasamah), Retaliation and Blood Money - Sunan an-Nasa'i 4735
"The lives of the believers are equal in value, and they are one against others, and they hasten to support the asylum granted by the least of them. But no believer may be killed in return for a disbeliever, nor one with a covenant while his covenant is in effect."
Commentary on the Equality of Believers
This noble hadith establishes the fundamental principle of equality among Muslims in matters of life and protection. The statement "the lives of the believers are equal in value" means that all Muslims, regardless of social status, wealth, or lineage, possess equal sanctity of life under Islamic law.
The phrase "they are one against others" indicates the collective responsibility of the Muslim community to protect each member and maintain justice. This unity forms the basis of the Islamic social contract where every Muslim is responsible for the welfare and protection of fellow believers.
Interpretation of Mutual Support
"They hasten to support the asylum granted by the least of them" demonstrates that even the protection granted by the most humble Muslim must be honored by the entire community. This emphasizes that religious brotherhood transcends worldly distinctions and that the collective honor of Muslims rests upon honoring each individual's rights and commitments.
The scholars explain that this includes honoring the protection (jiwār) granted by any Muslim, regardless of their status, and the entire community bears responsibility for ensuring this protection is respected.
Legal Rulings on Retaliation
"No believer may be killed in return for a disbeliever" establishes the Islamic legal principle that a Muslim cannot be executed in retaliation for killing a non-Muslim who is not under Muslim protection. This ruling is based on the difference in legal status between Muslims and non-Muslims not under covenant.
"Nor one with a covenant while his covenant is in effect" protects non-Muslims who have formal peace agreements with Muslims. While the covenant remains valid, they enjoy protection of life and property, and their killer would be subject to legal consequences, though classical scholars differ on whether this includes qisas (retaliation) or only diyah (blood money).
Scholarly Consensus and Application
The majority of classical scholars, including the four madhāhib, agree that a Muslim is not killed for killing a non-Muslim without covenant. However, they differ regarding the punishment - some prescribe diyah while others consider it a discretionary punishment (ta'zīr).
For those under covenant (dhimmis or mu'āhids), the predominant opinion is that they are entitled to full protection, and their killer is subject to qisas according to many scholars, particularly the Hanafis and Hanbalis, while others maintain the position of paying diyah.