#841: Ruling on Qabīl bn Adam and His Islām or Kufr
841. QUESTION:
ON QABĪL BN ‘ĀDAM AND HIS ISLĀM OR KUFR
“Sallam alaykum Ya Shiek,the saying of the Prophet(Salalahu alayhi wa sallam) on murder, where he stated that the Son of Adam(Kabil) have a share of every murder commited till day of judgement, please my question here is,does that mean Kabil died a disbeliever without repenting,pls expound more on this, Jazakumullahu Khyran.”
ANSWER:
Wa Alaykum Salām Warahmatullāh Wabarakātuh.
As regards the Kufr of Qabīl, the Ulamā have differed but the position that is favored by the majority and which is strongest is that he died a Believer. This is the position echoed by Imām Ibn ‘Atiyyah, Ath-Tha’ālabī and Al-Qurtubī – rahimahumullāh.
As for the Hadīth to which you refer, and which was recorded by both Imām Al-Bukhārī and Muslim in which the Rasūl -salallāhu alayhi wasallam – said:
لا تقتل نفس ظلماً إلا كان على ابن آدم الأول كفل من دمها لأنه كان أول من سن القتل
“No soul is killed by oppression except that the first son of Adam has a share of it’s blood because he was the first to begin killing.”
Know, may Allāh illumine your heart, that there are two scenerio regarding establishing a bad precedent.
The first, the the precedent was set in the presence of others and it was done as a way of encouraging them to do same. As for this, the setter of the precedence bears the sins of those who do them unless he repents and warns them to desist from same.
The second, that it was done in their absence but the first of it’s like to be done on Earth. This is the scenerio with Qabīl. In this case, he bears the share of sin of those that commit the sin after him till the Day of Qiyāmah as long as he did not repent. But if he repents, such is not recorded against him.
As for Qabīl, then the Ulamā derive from this Hadīth that he did not repent and for this reason the Rasūl -salallāhu alayhi wasallam – mentioned his share of the sins of whosoever emulates in killing a Believer without a justified reason.
If it is said, Allāh mentioned in the Qur’ān that Qabīl regretted when he said:
فبعث الله غرابًا يبحث في الأرض ليريه كيف يواري سوءة أخيه قال يا ويلتي أعجزت أن أكون مثل هذا الغراب فأواري سوءة أخي فأصبح من النادمين
“Then Allah sent a crow who scratched the ground to show him how to hide the dead body of his brother. He (the murderer) said, “Woe to me! Am I not even able to be as this crow and to hide the dead body of my brother!” Then he became one of those who regretted.”
The Ulamā mentioned in the Books of Tafsīr that his regret was not a regret of his act but a regret of the loss of his brother and his inability to properly bury his brother’s corpse.
Then if it is said, how will he have the share of all these sins and still not be a Kāfir. We say: intentionally killing a Believing soul is one of the greatest sins a person can commit, and when it is not done as an opposition to Islām or as a hatred for it, is remains within the confines of sin and does not imply Kufr.
Imām Al-Qurtubī said in his Tafsīr that the Imāms of Tafsīr have mentioned that Habīl was stronger than Qabīl but that he restrained himself from fighting or killing Qabīl when Qabīl wanted to fight him to kill him, and we’re Qabīl to be a Kāfir, there would have been no reason to restrain himself. This is clear. This if he wasn’t a Kāfir before his killing, and was not a Kāfir by his killing, there is no proof that he died Kāfir, and Allāh knows best.
Bārakallāhu Fīkum
Jazakumullāhu Khayran.
23rd Muharram, 1441AH.
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