Types of Blood-Wit (Kitab Al-Diyat)

Muhammad ibn al-Muthanna narrated to us: Muhammad ibn Abdullah narrated to us: Said narrated to us, from Qatadah, from Said ibn al-Musayyib, from Zayd ibn Thabit, concerning aggravated blood compensation, who mentioned exactly the same. Abu Dawud said: Abu Ubayd said, from more than one authority: When a camel enters its fourth year, it is called hiqq for a male and hiqqah for a female, because it is then fit to be loaded and ridden. When it enters its fifth year, it is called jadha for a male and jadha for a female. When it enters its sixth year and sheds its incisor, it is called thani for a male and thaniyya for a female. When it enters its seventh year, it is called raba for a male and raba iyya for a female. When it enters its eighth year and sheds the tooth after the raba iyya, it is called sadis for a male and sadis for a female. When it enters its ninth year, its tusk breaks through and appears, and it is called bazil. When it enters its tenth year, it is called mukhlif. After that it has no new name; it is called a one-year bazil, a two-year bazil, a one-year mukhlif, a two-year mukhlif, and so on. Al-Nadr ibn Shumayl said: Bint makhad is one year old, bint labun two years old, hiqqah three years old, jadha four years old, thani five years old, raba six years old, sadis seven years old, and bazil eight years old. Abu Dawud said: Abu Hatim and al-Asmai said that jadhuah describes a period, not an age. Abu Hatim said that some people say: When it sheds its raba iyya tooth, it is called raba; when it sheds its thaniyya tooth, it is called thani. Abu Ubayd said: Once a she-camel is impregnated, she is called khalifah and remains so for ten months; when she reaches ten months, she is called ushara. Abu Hatim said: When it sheds its thaniyya tooth, it is called thani; when it sheds its raba iyya tooth, it is called raba.

Muhammad ibn al-Ala narrated to us: Ubaydullah, meaning Ibn Musa, narrated to us, from Ali ibn Salih, from Simak ibn Harb, from Ikrimah, from Ibn Abbas, who said: Qurayzah and al-Nadir—al-Nadir being more noble than Qurayzah—had this practice: if a man from Qurayzah killed a man from al-Nadir, he was killed in retribution; but if a man from al-Nadir killed a man from Qurayzah, he was ransomed for one hundred wasqs of dates. When the Prophet ﷺ was sent, a man from al-Nadir killed a man from Qurayzah. They said: Hand him over to us so that we may kill him. The others said: Let the Prophet ﷺ judge between us. They went to him, and this verse was revealed: If you judge, judge between them with justice. Justice means a life for a life. Then this verse was revealed: Do they seek the judgment of the pre-Islamic era? Abu Dawud said: Qurayzah and al-Nadir are both descendants of the Prophet Aaron, peace be upon him.

Ahmad ibn Yunus narrated to us: Ubaydullah, meaning Ibn Iyad, narrated to us: Iyad narrated to us, from Abu Rimthah, who said: I went with my father toward the Prophet ﷺ. The Messenger of Allah ﷺ said to my father: Is this your son? He said: Yes, by the Lord of the Ka bah. He asked: Truly? My father replied: I testify to it. The Messenger of Allah ﷺ smiled, amused by how strongly I resembled my father and by my father’s oath about me. Then he said: He does not bear your wrongdoing, and you do not bear his. The Messenger of Allah ﷺ recited: No bearer of burdens shall bear the burden of another.

Musa ibn Ismail narrated to us: Hammad narrated to us: Muhammad ibn Ishaq informed us, from al-Harith ibn Fudayl, from Sufyan ibn Abi al-Awja, from Abu Shurayh al-Khuza i, that the Prophet ﷺ said: Whoever suffers a killing or a wound may choose one of three things: retaliation, pardon, or taking blood money. If he seeks a fourth option, restrain him. Whoever transgresses after that will have a painful punishment.

Musa ibn Ismail narrated to us: Abdullah ibn Bakr ibn Abdullah al-Muzani narrated to us, from Ata ibn Abi Maymunah, from Anas ibn Malik, who said: I never saw a case involving retaliation brought before the Prophet ﷺ without him ordering pardon in it.

Uthman ibn Abi Shaybah narrated to us: Abu Muawiyah informed us: al-Amash narrated to us, from Abu Salih, from Abu Hurayrah, who said: A man was killed during the Prophet’s time, and the case was brought before the Prophet ﷺ. He handed the killer over to the victim’s heir. The killer said: Messenger of Allah, by Allah, I did not intend to kill him. The Messenger of Allah ﷺ said to the heir: If he is telling the truth and you kill him, you will enter the Fire. The heir then released him. The killer had been bound with a leather strap, and he went away dragging it, so he was called the man with the strap.

Ubaydullah ibn Umar ibn Maysarah al-Jushami narrated to us: Yahya ibn Said narrated to us, from Awf: Hamzah Abu Umar al-Aidhi narrated to us: Alqamah ibn Wail told me: Wail ibn Hujr told me: I was with the Prophet ﷺ when a killer was brought with a leather strap around his neck. He called the victim’s heir and asked: Will you pardon him? The heir said no. He asked: Will you take blood money? He said no. He asked: Will you kill him? He said yes. The Prophet ﷺ told him to take the man away. When he turned to leave, he asked again whether he would pardon him; the heir said no. He asked whether he would take blood money; he said no. He asked whether he would kill him; he said yes. The Prophet ﷺ told him to take the man away. When this happened for the fourth time, he said: If you pardon him, he will bear his own sin and that of his victim. The heir pardoned him. Wail said: I saw him afterward dragging the leather strap.

Ubaydullah ibn Umar ibn Maysarah narrated to us: Yahya ibn Said narrated to us: Jami ibn Matar told me: Alqamah ibn Wail told me, with its chain and meaning.

Muhammad ibn Awf al-Ta i narrated to us: Abd al-Quddus ibn al-Hajjaj narrated to us: Yazid ibn Ata al-Wasiti narrated to us, from Simak, from Alqamah ibn Wail, from his father, who said: A man came to the Prophet ﷺ with an Ethiopian man and said: This man killed my brother’s son. The Prophet ﷺ asked: How did you kill him? He said: I struck his head with an axe, but I did not intend to kill him. The Prophet ﷺ asked whether he had property to pay his blood money. He said no. The Prophet ﷺ asked whether, if he were released to ask people, he could gather the blood money. He said no. He asked whether his patrons would pay it for him. He said no. The Prophet ﷺ told the man to take him. The man left with him to kill him, but the Messenger of Allah ﷺ said: If he kills him, he will be like him. The man went far enough that he could still hear the Prophet ﷺ and said: Here he is; decide whatever you wish about him. The Messenger of Allah ﷺ said: Release him—or, in another version, let him go—for he will bear his victim’s sin and his own, and will be among the people of the Fire. The man released him.

Sulayman ibn Harb narrated to us: Hammad ibn Zayd narrated to us, from Yahya ibn Said, from Abu Umamah ibn Sahl, who said: We were with Uthman while he was under siege in his house. There was an entrance in the house through which anyone who entered could hear what was being said on the pavement outside. Uthman went in, then came out to us with a changed complexion and said: Just now they threatened to kill me. We said: Allah will suffice against them for you, Commander of the Faithful. He said: Why would they kill me? I heard the Messenger of Allah ﷺ say: The blood of a Muslim is not lawful except in one of three cases: disbelief after Islam, adultery after having been previously married, or killing a person in retaliation for a life. By Allah, I never committed adultery, either before Islam or after it; since Allah guided me, I have never wanted any substitute for my religion; and I have killed no one. So why would they kill me? Abu Dawud said: Uthman and Abu Bakr, may Allah be pleased with them, had both abstained from wine even before Islam.

Musa ibn Ismail narrated to us: Hammad narrated to us: Muhammad ibn Ishaq said: Muhammad ibn Jafar ibn al-Zubayr told me: I heard Ziyad ibn Dumayrah al-Damri. (A second chain:) Wahb ibn Bayan and Ahmad ibn Said al-Hamdani narrated to us: Ibn Wahb narrated to us: Abd al-Rahman ibn Abi al-Zinad informed me, from Abd al-Rahman ibn al-Harith, from Muhammad ibn Jafar, who heard Ziyad ibn Sad ibn Dumayrah al-Sulami—this is Wahb’s version, and it is more complete—narrate to Urwah ibn al-Zubayr, from his father and grandfather, both of whom had been with the Messenger of Allah ﷺ at Hunayn. Returning to Wahb’s report: Muhallim ibn Jaththamah al-Laythi killed a man from Ashja during Islam. This was the first case of blood compensation that the Messenger of Allah ﷺ decided. Uyaynah spoke about killing the Ashjai because he was from Ghatafan, while al-Aqra ibn Habis spoke in support of Muhallim because he was from Khindif. Voices rose, and the dispute and commotion grew. The Messenger of Allah ﷺ asked Uyaynah: Will you not accept blood compensation? Uyaynah said: No, by Allah, not until I bring upon his women the same war and grief that he brought upon mine. The voices, dispute, and commotion rose again, and the Messenger of Allah ﷺ asked Uyaynah again whether he would accept blood compensation. Uyaynah repeated his answer. Then a man from Banu Layth called Mukaytil stood up. He wore armor and held a shield. He said: Messenger of Allah, for what this man did at the beginning of Islam, I can think of no comparison except a flock of sheep coming to water: the first is struck, and the rest scatter. Establish the precedent today, and change it tomorrow. The Messenger of Allah ﷺ said: Fifty now, and fifty when we return to Medina. This happened on one of his journeys. Muhallim was a tall, dark-complexioned man, standing at the edge of the people. He made his way through them, sat before the Messenger of Allah ﷺ with tears in his eyes, and said: Messenger of Allah, I did what has reached you, and I repent to Allah, Blessed and Exalted. Ask Allah, Mighty and Majestic, to forgive me. The Messenger of Allah ﷺ said loudly: Did you kill him with your weapon at the beginning of Islam? O Allah, do not forgive Muhallim. Abu Salamah added: He stood up, catching his tears with the edge of his cloak. Ibn Ishaq said: His people claimed that the Messenger of Allah ﷺ later asked forgiveness for him. Abu Dawud said: Al-Nadr ibn Shumayl said that al-ghiyar means blood compensation.

Musaddad ibn Musarhad narrated to us: Yahya ibn Said narrated to us: Ibn Abi Dhib said: Said ibn Abi Said told me: I heard Abu Shurayh al-Kabi say: The Messenger of Allah ﷺ said: People of Khuzaah, you have killed this man from Hudhayl, and I will pay his blood compensation. After this statement of mine, if anyone has a person killed, his family may choose between two options: taking blood compensation or killing in retaliation.

Abbas ibn al-Walid ibn Mazyad narrated to us: My father informed us: al-Awzai narrated to us: Yahya told me. (A second chain:) Ahmad ibn Ibrahim narrated to us: Abu Dawud narrated to me: Harb ibn Shaddad narrated to us: Yahya ibn Abi Kathir narrated to us: Abu Salamah ibn Abd al-Rahman told me: Abu Hurayrah narrated to us: When Mecca was conquered, the Messenger of Allah ﷺ stood and said: Whoever has had a person killed has the choice of the two better options: either compensation is paid or retaliation is carried out. A man from Yemen called Abu Shah stood up and said: Messenger of Allah, write it down for me. Al-Abbas’s version says: Write it down for me. The Messenger of Allah ﷺ said: Write it down for Abu Shah. This is the wording of Ahmad’s report. Abu Dawud said: By write it down for me, he meant the Prophet’s sermon.

Muslim narrated to us: Muhammad ibn Rashid narrated to us: Sulayman ibn Musa narrated to us, from Amr ibn Shuaib, from his father, from his grandfather, from the Prophet ﷺ, who said: A believer is not to be killed in retaliation for a disbeliever. Whoever deliberately kills a believer is handed over to the victim’s heirs; if they wish, they may kill him, and if they wish, they may take blood money.

Musa ibn Ismail narrated to us: Hammad narrated to us: Matar al-Warraq informed us—and I think he said from al-Hasan—from Jabir ibn Abdullah, who said: The Messenger of Allah ﷺ said: I will not excuse anyone who kills after blood money has been accepted.

Yahya ibn Habib ibn Arabi narrated to us: Khalid ibn al-Harith narrated to us: Shu bah narrated to us, from Hisham ibn Zayd, from Anas ibn Malik: A Jewish woman brought the Messenger of Allah ﷺ a poisoned sheep, and he ate some of it. She was brought to the Messenger of Allah ﷺ, and he questioned her about it. She said: I intended to kill you. He replied: Allah would not have given you power to do that—or, he said, over me. They asked: Shall we kill her? He said no. Anas said: I continued to see the effect of it at the back of the Messenger of Allah’s ﷺ mouth.

Dawud ibn Rushayd narrated to us: Abbad ibn al-Awwam narrated to us. (A second chain:) Harun ibn Abdullah narrated to us: Said ibn Sulayman narrated to us: Abbad narrated to us, from Sufyan ibn Husayn, from al-Zuhri, from Said and Abu Salamah—Harun said, from Abu Hurayrah: A Jewish woman gave the Prophet ﷺ a poisoned sheep as a gift. The Prophet ﷺ did not retaliate against her. Abu Dawud said: This was the Jewish woman, the sister of Marhab, who poisoned the Prophet ﷺ.

Sulayman ibn Dawud al-Mahri narrated to us: Ibn Wahb narrated to us: Yunus informed me, from Ibn Shihab, who said: Jabir ibn Abdullah used to narrate that a Jewish woman from Khaybar poisoned a roasted sheep and then gave it to the Messenger of Allah ﷺ. The Messenger of Allah ﷺ took the foreleg and ate from it, and a group of his Companions ate with him. Then the Messenger of Allah ﷺ told them to stop eating. He sent for the Jewish woman and summoned her, asking whether she had poisoned the sheep. She asked who had told him. He said: This foreleg in my hand told me. She said yes. He asked what had led her to do that. She said: I thought that if you were a Prophet, it would not harm you; and if you were not, we would be rid of you. The Messenger of Allah ﷺ pardoned her and did not punish her. Some of his Companions who had eaten from the sheep died. The Messenger of Allah ﷺ had cupping performed on his shoulder because of what he had eaten from the sheep. Abu Hind, an ally of Banu Bayadah from the Ansar, performed the cupping with a horn and a blade.

Wahb ibn Baqiyyah narrated to us: Khalid narrated to us, from Muhammad ibn Amr, from Abu Salamah: A Jewish woman at Khaybar gave the Messenger of Allah ﷺ a roasted sheep, in a report similar to that of Jabir. It says that Bishr ibn al-Bara ibn Marur al-Ansari died. The Prophet ﷺ sent for the Jewish woman and asked what had prompted her to do what she had done. She related something similar to Jabir’s report. The Messenger of Allah ﷺ ordered that she be killed. This version does not mention the cupping.