A Jew crushed the head of a girl between two stones. The girl was asked who had crushed her head, and some names were mentioned before her, and when the name of the Jew was mentioned, she nodded agreeing. The Jew was captured and when he confessed, the Prophet (ﷺ) ordered that his head be crushed between two stones.
Tafsir of Hadith from Sahih al-Bukhari 2413
This narration from Sahih al-Bukhari's chapter "Khusoomaat" (Lawsuits) demonstrates the Islamic legal principle of qisas (retribution) in cases of intentional murder. The Prophet's ruling establishes that equivalent punishment is permissible when guilt is conclusively proven through confession and evidence.
Legal Principles Established
The case shows three forms of evidence: the dying declaration (through nodding), the suspect's confession, and the circumstantial evidence. This combination creates definitive proof requiring judicial action.
The punishment mirrors the crime exactly, fulfilling the Quranic injunction "life for life" (Surah Al-Ma'idah 5:45). This serves as both justice for the victim and deterrent for society.
Scholarly Commentary
Classical scholars note this ruling applies specifically to cases of intentional murder with clear evidence. The punishment must be carried out by legitimate Islamic authority, not individuals.
Ibn Hajar al-Asqalani comments that the girl's nodding while dying constitutes valid testimony since she was in her final moments, when people typically speak truthfully.
This ruling emphasizes that Islamic law protects all citizens equally, regardless of faith, as the Jewish perpetrator received the same justice a Muslim would under identical circumstances.