Sunan Abi Dawud

Sunan Abi Dawud 4559

Diyah For Lost Limbs
Arabic hadith text
حَدَّثَنَا عَبَّاسٌ الْعَنْبَرِيُّ، حَدَّثَنَا عَبْدُ الصَّمَدِ بْنُ عَبْدِ الْوَارِثِ، حَدَّثَنِي شُعْبَةُ، عَنْ قَتَادَةَ، عَنْ عِكْرِمَةَ، عَنِ ابْنِ عَبَّاسٍ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ ‏"‏الأَصَابِعُ سَوَاءٌ وَالأَسْنَانُ سَوَاءٌ الثَّنِيَّةُ وَالضِّرْسُ سَوَاءٌ هَذِهِ وَهَذِهِ سَوَاءٌ ‏"‏ ‏.‏ قَالَ أَبُو دَاوُدَ وَرَوَاهُ النَّضْرُ بْنُ شُمَيْلٍ عَنْ شُعْبَةَ بِمَعْنَى عَبْدِ الصَّمَدِ ‏.‏ قَالَ أَبُو دَاوُدَ حَدَّثَنَاهُ الدَّارِمِيُّ عَنِ النَّضْرِ
Translation
Narrated Abdullah ibn Abbas

The Prophet (ﷺ) said: The fingers are equal and the teeth are equal. The front tooth and the molar tooth are equal, this and that are equal.

Abu Dawud said: Nadr b. Shumail transmitted it from Shu'bah to the same effect as mentioned by 'Abd al-Samad. Abu Dawud said: al-Darimi narrated it to me from al-Nadr.

Commentary

Overview & Central Theme

This hadith, recorded in Sunan Abi Dawud (Kitab Al-Diyat, 4559), establishes the foundational Islamic legal principle of equality in blood-money (diyah) for bodily injuries. The Prophet ﷺ declares that all fingers—whether thumb, index, middle, ring, or little—are equal in compensation, and all teeth—whether front incisors, molars, or any other—are equal in their prescribed diyah. The central theme is the absolute justice of Islamic law: human worth is not measured by physical utility, beauty, or social status, but by the sacredness of the human body as a trust from Allah. This ruling removes all forms of discrimination and ensures that compensation is determined by the nature of the injury, not by the perceived functional or aesthetic value of the limb, thereby upholding the dignity of every person and the principle of equitable retribution.

Context & Linguistic Insights

The hadith was pronounced in the context of pre-Islamic Arabian practices where blood-money (diyah) varied arbitrarily based on tribal customs, social rank, or the physical importance of a body part. The Prophet ﷺ abolished this inequity by legislating a uniform standard. The key Arabic terms include: al-asabi' (الأصابع) meaning "fingers" (plural of isba'), which in juristic terminology includes all five digits of the hand or foot; al-asnan (الأسنان) meaning "teeth" (plural of sinn), encompassing all types; al-thaniyyah (الثنية) refers to the front incisor tooth, and al-dhirs (الضرس) refers to the molar tooth. The phrase "هذه وهذه سواء" ("this and that are equal") underscores the complete equivalence in compensation. Linguistically, the repetition emphasizes that no distinction is made between a tooth that is visible and one that is hidden, or between a finger used for fine motor skills and one less frequently used—all are equal in their prescribed diyah of ten camels per finger and five camels per tooth, as detailed in other narrations and juristic works.

Key Scholarly Insights & Legal Benefits

  • Uniformity of Diyah: The hadith establishes that each finger carries a fixed compensation of ten camels, and each tooth carries five camels, regardless of type or position—a ruling unanimously upheld by the majority of scholars (Jumhur), including the four Sunni schools of jurisprudence.
  • Principle of Non-Discrimination: Islamic law rejects any hierarchy of bodily parts based on utility or beauty; all limbs are sacred and their violation demands just recompense, reflecting the Qur'anic command of "life for life, eye for eye, nose for nose, ear for ear, tooth for tooth, and wounds equal for equal" (Qur'an 5:45).
  • Legal Precision and Mercy: The ruling prevents disputes and arbitrary judgments by fixing clear, measurable amounts, while also leaving room for forgiveness or reconciliation (forgiveness is encouraged, as stated in the same Qur'anic verse), balancing justice with compassion.
Imam Ibn Qudamah (may Allah have mercy on him) said in Al-Mughni: "The fingers are equal in diyah, whether they are the thumb or the little finger, and the teeth are equal, whether they are the front incisors or the molars, because the Prophet ﷺ made them equal, and there is no authentic report contradicting this. This is the view of the majority of scholars, and it is the most just and prudent ruling, as it removes ambiguity and upholds the sanctity of all body parts equally."

Daily Life & Spiritual Application

In our daily lives, this hadith teaches profound lessons of justice, equality, and accountability. First, it reminds us that every human being, regardless of physical appearance, ability, or social standing, possesses an inherent dignity that must be respected and protected. When we interact with others, we must avoid belittling or discriminating based on physical traits, for all are equal in the sight of Allah. Second, the hadith encourages us to be meticulous in fulfilling our obligations and rights—whether in financial transactions, family matters, or community dealings—ensuring that we give others their due without favoritism or prejudice. Spiritually, it calls us to reflect on the trust (amanah) of our own bodies: we must safeguard our limbs from harm and use them in obedience to Allah, recognizing that each part will testify for or against us on the Day of Judgment. Finally, the principle of equality in compensation inspires us to practice forgiveness and magnanimity, as the Prophet ﷺ said, "Whoever forgives and reconciles, his reward is with Allah" (Qur'an 42:40). By embodying these values, we transform this legal ruling into a living ethic of justice, mercy, and spiritual excellence (Ihsan).