Blood Money (Ad-Diyat)

كتاب الديات

Chapter 8: The relative of the killed person has the right to choose one of two compensations

Narrated Abu Huraira

In the year of the Conquest of Mecca, the tribe of Khuza`a killed a man from the tribe of Bam Laith in revenge for a killed person belonging to them in the Pre-lslamic Period of Ignorance. So Allah's Apostle got up saying, "Allah held back the (army having) elephants from Mecca, but He let His Apostle and the believers overpower the infidels (of Mecca). Beware! (Mecca is a sanctuary)! Verily! Fighting in Mecca was not permitted for anybody before me, nor will it be permitted for anybody after me; It was permitted for me only for a while (an hour or so) of that day. No doubt! It is at this moment a sanctuary; its thorny shrubs should not be uprooted; its trees should not be cut down; and its Luqata (fallen things) should not be picked up except by the one who would look for its owner. And if somebody is killed, his closest relative has the right to choose one of two things, i.e., either the Blood money or retaliation by having the killer killed." Then a man from Yemen, called Abu Shah, stood up and said, "Write that) for me, O Allah's Messenger (ﷺ)!" Allah's Messenger (ﷺ) said (to his companions), "Write that for Abu Shah." Then another man from Quraish got up, saying, "O Allah's Messenger (ﷺ)! Except Al- Idhkhir (a special kind of grass) as we use it in our houses and for graves." Allah's Messenger (ﷺ) said, "Except Al-idhkkir."

Narrated Ibn `Abbas

For the children of Israel the punishment for crime was Al-Qisas only (i.e., the law of equality in punishment) and the payment of Blood money was not permitted as an alternate. But Allah said to this nation (Muslims): 'O you who believe! Qisas is prescribed for you in case of murder, .....(up to) ...end of the Verse. (2.178) Ibn `Abbas added: Remission (forgiveness) in this Verse, means to accept the Blood-money in an intentional murder. Ibn `Abbas added: The Verse: 'Then the relatives should demand Blood-money in a reasonable manner.' (2.178) means that the demand should be reasonable and it is to be compensated with handsome gratitude.

Chapter 9: To shed somebody’s blood without any right

Narrated Ibn `Abbas

The Prophet (ﷺ) said, "The most hated persons to Allah are three: (1) A person who deviates from the right conduct, i.e., an evil doer, in the Haram (sanctuaries of Mecca and Medina); (2) a person who seeks that the traditions of the Pre-lslamic Period of Ignorance, should remain in Islam (3) and a person who seeks to shed somebody's blood without any right."

Chapter 10: Excusing somebody who killed by mistake.

Narrated `Aisha

The pagans were defeated on the day (of the battle) of Uhud. Satan shouted among the people on the day of Uhud, "O Allah's worshippers! Beware of what is behind you!" So the front file of the army attacked the back files (mistaking them for the enemy) till they killed Al-Yaman. Hudhaifa (bin Al- Yaman) shouted, "My father!" My father! But they killed him. Hudhaifa said, "May Allah forgive you." (The narrator added: Some of the defeated pagans fled till they reached Taif.)

Chapter 11: “It is not for a believer to kill a believer except by mistake….”

Chapter 12: If a killer confesses once, he sould be killed

Narrated Anas bin Malik

A Jew crushed the head of a girl between two stones. It was said to her. "Who has done this to you, such-and-such person, such-and-such person?" When the name of the Jew was mentioned, she nodded with her head, agreeing. So the Jew was brought and he confessed. The Prophet (ﷺ) ordered that his head be crushed with the stones. (Hammam said, "with two stones.")

Chapter 13: Killing a man for having killed a woman

Narrated Anas bin Malik

The Prophet (ﷺ) killed a Jew for killing a girl in order to take her ornaments.

Chapter 14: Al-Qisas in cases of injury

The people of the science said that the man is killed by a woman. And it is reminded of Omar, who will be led by a woman in every colonial that he has reached himself, so what is without her wound. And in him, Omar ibn Abd al -Aziz, Abraham, and Abu al -Zanad said of his companions. And the sister of the Lord, a human being, said, and the Prophet, may God’s prayers and peace be upon him, said: “Al -Qusas”.
Narrated `Aisha

We poured medicine into the mouth of the Prophet (ﷺ) during his ailment. He said, "Don't pour medicine into my mouth." (We thought he said that) out of the aversion a patient usually has for medicines. When he improved and felt better he said, "There is none of you but will be forced to drink medicine, except Al-`Abbas, for he did not witness your deed."

Chapter 15: Whoever took his right or retaliation from somebody without submitting the case to the ruler

Narrated Abu Huraira

That he heard Allah's Messenger (ﷺ) saying, "We (Muslims) are the last (to come) but (will be) the foremost (on the Day of Resurrection)." And added, "If someone is peeping (looking secretly) into your house without your permission, and you throw a stone at him and destroy his eyes, there will be no blame on you."

Narrated Yahya

Humaid said, "A man peeped into the house of the Prophet (ﷺ) and the Prophet (ﷺ) aimed an arrow head at him to hit him." I asked, "Who told you that?" He said, "Anas bin Malik" (See Hadith No. 258 and 259, Vol. 8)

Chapter 16: If someone dies or is killed in a big crowd

Narrated `Aisha

"When it was the day of (the battle of) Uhud, the pagans were defeated. Then Satan shouted, "O Allah's worshipers! Beware of what is behind you!" So the front files attacked the back files of the army. Hudhaifa looked, and behold, there was his father, Al-Yaman (being attacked) ! He shouted (to his companions), "O Allah's worshipers, my father, my father!" But by Allah, they did not stop till they killed him (i.e., Hudhaifa's father). Hudhaifa said, "May Allah forgive you." (`Urwa said, Hudhaifa continued asking Allah's Forgiveness for the killer of his father till he died.

Chapter 17: If someone kills himself by mistake, there is no Diya

Narrated Salama

We went out with the Prophet (ﷺ) to Khaibar. A man (from the companions) said, "O 'Amir! Let us hear some of your Huda (camel-driving songs.)" So he sang some of them (i.e. a lyric in harmony with the camels walk). The Prophet (ﷺ) said, "Who is the driver (of these camels)?" They said, "Amir." The Prophet said, "May Allah bestow His Mercy on him !" The people said, "O Allah's Messenger (ﷺ)! Would that you let us enjoy his company longer!" Then 'Amir was killed the following morning. The people said, "The good deeds of 'Amir are lost as he has killed himself." I returned at the time while they were talking about that. I went to the Prophet (ﷺ) and said, "O Allah's Prophet! Let my father be sacrificed for you! The people claim that 'Amir's good deeds are lost." The Prophet (ﷺ) said, "Whoever says so is a liar, for 'Amir will have a double reward as he exerted himself to obey Allah and fought in Allah's Cause. No other way of killing would have granted him greater reward."

Chapter 18: If somebody bites a man and has his tooth broken

Narrated `Imran bin Husain

A man bit another man's hand and the latter pulled his hand out of his mouth by force, causing two of his incisors (teeth) to fall out. They submitted their case to the Prophet, who said, "One of you bit his brother as a male camel bites. (Go away), there is no Diya (Blood-money) for you."

Narrated Ya`la

I went out in one of the Ghazwa and a man bit another man and as a result, an incisor tooth of the former was pulled out. The Prophet (ﷺ) cancelled the case.

Chapter 19: Tooth for tooth

Narrated Anas

The daughter of An-Nadr slapped a girl and broke her incisor tooth. They (the relatives of that girl), came to the Prophet (ﷺ) and he gave the order of Qisas (equality in punishment).

Chapter 20: The Diya for fingers

Narrated Ibn `Abbas

The Prophet (ﷺ) said, "This and this are the same." He meant the little finger and the thumb.

Narrated Ibn `Abbas

I heard the Prophet (saying the same as above Hadith 34).

Chapter 21: If a group killed or injured one man, will all have to give Diya or be punished with Al-Qisas?

He said about the people in two men, who witnessed a man that he had stolen and cut him on me, and then he came with another and said. So their testimony was invalidated and took the first one, and he said if I knew that you baptized you.
Ibn 'Umar said

Al-Mughira bin Hakim said that his father said, "Four persons killed a boy, and 'Umar said (as above)."

Abu Bakr, Ibn Az-Zubair, 'Ali and Suwaid bin Muqarrin gave the judgement of Al-Qisas (equality in punishment) in cases of slapping. And 'Umar carried out Al-Qisas for a strike with a stick. And 'Ali carried out Al-Qisas for three lashes with a whip. And Shuraih carried out for one last and for scratching.

Narrated `Aisha

We poured medicine into the mouth of Allah's Messenger (ﷺ) during his illness, and he pointed out to us intending to say, "Don't pour medicine into my mouth." We thought that his refusal was out of the aversion a patient usually has for medicine. When he improved and felt a bit better he said (to us.) "Didn't I forbid you to pour medicine into my mouth?" We said, "We thought (you did so) because of the aversion, one usually have for medicine." Allah's Messenger (ﷺ) said, "There is none of you but will be forced to drink medicine, and I will watch you, except Al-`Abbas, for he did not witness this act of yours."

Chapter 22: Al-Qasama

Al -Ash'ath said Ibn Qais said the Prophet, may God’s prayers and peace be upon him, said: And Ibn Abi said that he was not able to do it, and Omar Bin Abd al-Aziz wrote to the enemy One of the homes of the two heavens, if he finds his companions with a between .
Narrated Sahl bin Abi Hathma

(a man from the Ansar) that a number of people from his tribe went to Khaibar and dispersed, and then they found one of them murdered. They said to the people with whom the corpse had been found, "You have killed our companion!" Those people said, "Neither have we killed him, nor do we know his killer." The bereaved group went to the Prophet (ﷺ) and said, "O Allah's Messenger (ﷺ)! We went to Khaibar and found one of us murdered." The Prophet (ﷺ) said, "Let the older among you come forward and speak." Then the Prophet (ﷺ) said, to them, "Bring your proof against the killer." They said "We have no proof." The Prophet (ﷺ) said, "Then they (the defendants) will take an oath." They said, "We do not accept the oaths of the Jews." Allah's Messenger (ﷺ) did not like that the Blood-money of the killed one be lost without compensation, so he paid one-hundred camels out of the camels of Zakat (to the relatives of the deceased) as Diya (Blood-money).