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the theory of limits 203We notice again the possibility of repentance that is built intoverse 178 of Sårat al-Baqara: ‘but if any remission is made by thebrother of the slain, then grant any reasonable demand, and compensatehim with handsome gratitude’. As for the crime of killing aperson by mistake, several different punitive actions are possible,depending on the social, ethnic, and geographical identity of thevictim. Verse 92 of Sårat al-Nis§" mentions a lower limit, consistingof ‘a fast for two consecutive months’ or the ‘freeing of a slave’, butone may free more than just one slave (or the equivalent of moneythrough personal accident insurance policies):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 heshould free a believing slave, and pay compensation to the deceased’sfamily, unless they remit it freely. If the deceased belonged to a peopleat war with you, and he was a believer, the freeing of a believing slave(is enough). If he belonged to a people with whom you have treaty ofmutual alliance, compensation should be paid to his family, and abelieving slave be freed. For those who find this beyond their means,(is prescribed) a fast for two months running: by way of repentance toGod: for God has all knowledge and all wisdom. ( Al-Nis§" 4:92)Two types of penalties should be distinguished: the first is with regardto the family of the victim, to which the convicted killer must pay acertain amount of ‘blood money’. The second is with regard to thekiller himself, whose atonement must consist of freeing a slave or, ifhe or she cannot afford this, of fasting for two consecutive months.Note that ‘freeing a slave’ has a wider meaning and does not justmean slavery in the conventional sense. It encompasses all forms of(modern) slavery. If a convicted killer liberates someone from thebondage of his or her financial debts, this would be accepted as amodern equivalent to ‘freeing a slave’. This idea is supported byverse 60 of Sårat al-Tawba, which identifies ‘those in slavery’ asthose who receive charity ( al-ßadaqa), 20 and verse 177 of Såratal-Baqara which mentions financial help for the ‘enslaved’ evenby the sword—but for other types of punishment they acknowledge the possibility ofta#zÊr, i.e., discretionary considerations by the executive officials and judges. Seeal-ZuÈaylÊ, al-Fiqh al-isl§mÊ, vol. 7, 494–532; Peters, Crime and Punishment, 38–53.20#Alms [ßadaq§t] are for the […] [financially enslaved] [ fi ’l-riq§b] […]. (Thus isit) ordained by God, and God is full of knowledge and wisdom’ ( Al-Tawba 9:60).Translators maintain ‘slaves’ in their rendering of riq§b, but MP widens its meaningto: ‘to free the captives’ (but not for 2:177 where he keeps ‘slaves’), also AhA:‘redeeming slaves (and captives).

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