Some Ordinances upon Manslaughter Since the previous verses...
Some Ordinances upon Manslaughter Since the previous verses contained a kind of freedom given to the Muslims to destroy the hypocrites and the dangerous interior enemies, in this verse and the following one, the ordinances of manslaughter and intentional murder have been stated in order that lest some people misuse this law and, under the pretext of being hypocrite, take vengeance upon those with whom they have enmity.
At first, it says: "And it is not for a believer to kill a believer except by mistake....." Then, it has stated the forfeit and expiation of manslaughter in three processes: The first status is that the person, who has been slain, belongs to a Muslim family. In this case, the man-slayer should do two duties: 1) He should set free a believing slave, 2) and pay the blood-money to the owners of the blood. The holy verse says: "...
and whoever kills a believer by mistake must set free a believing slave, and pay the blood-money to the family of the slain..." It should be done unless the family members of the slain remit it. It says: "…unless they remit it as a freewill offering…." The second status is that the believing slain belongs to a family who are the enemies of the Muslims. In this case, the expiation of manslaughter is only setting free a believing Muslim slave.
It says: "…But if he (the slain) is from a tribe hostile unto you, and he is a believer, then (the penance is) to set free a believing slave…" It is not necessary to pay blood-money to a group that strengthening whose financial structure may be counted as a danger for the Muslims. Besides, Islam has ceased the relation of this person with his family, who are totally enemies of Islam. Thus, there is no room for indemnification.
The third status is that the members of the family of the slain are among the pagans who have covenant with the Muslims. In this case, to respect the covenant, besides setting free a believing Muslim slave, the blood-money of the slain must be paid to his family members.
The verse says: "..And if he is from a tribe between whom and you there is a covenant, then the blood-money must be paid to his family and (also) a believing slave must be set free…." It seems here that the objective meaning of 'slain' is 'a believing slain'. And, at the end of the verse, the speech is about those who have not any chance to set a slave free. That is, either they are not financially able, or there is not any slave found to be set free.