The Chapters on Blood Money

كتاب الديات

Chapter 1: The Severity Of Killing A Muslim

It was narrated from Bara' bin Azib that the Messenger of Allah (ﷺ) said

“If this world were to be destroyed, that would be less significant before Allah (SWT) than the unlawful killing of a believer.”

Chapter 3: If A Person's Relative Is Killed, He Has the Choice of three Things.

It was narrated from Abu Sharaih Al-Khuzai that the Messenger of Allah (ﷺ) said

“Whoever suffers from killing or wounding, has the choice of three things, and if he wants the fourth then restrain him. He may kill (the killer), or forgive him, or take the blood money. Whoever accepts any of these (options), then kills (the killer) after that will have the fire of hell to abide therein forever.”

Chapter 4: One Who Is Killed Deliberately And His Heirs Accept The Blood Money.

It was narrated that Ziyad bin Sa'd bin Dumairah (said)

“My father and my paternal uncle, who were present at Hunain with the Messenger of Allah (ﷺ) narrated to me: 'The Prophet (ﷺ) prayed Zuhr, then he sat beneath a tree. Aqra' bin Habis, who was the chief of Khindaf, came to him arguing in defense of Muhallim bin Jaththamah. Uyainah bin Hisn came to him demanding vengeance for 'Amir bin Adbat who was from the tribe of Ashja. The Prophet (ﷺ) said to them: “Will you accept the blood money?'” But they refused. Then a man from Banu Laith, whose name was Mukaital, stood up and said: 'O Messenger of Allah (ﷺ)! By Allah (SWT)! This man who was killed in the early days of Islam is like Sheep that come to drink but stones are thrown at them, so the last of them runs away (i.e. ,the murderer should be killed).' The Prophet (ﷺ) said: 'You will have fifty (camels) while we are traveling and fifty (camels) when we return.' So they accepted the blood money.”

It was narrated from 'Amr bin Shu'aib, from this father, from his grandfather that the Messenger of Allah (ﷺ) said

“Whoever kills deliberately, he will be handed over to the heirs of the victim. If they want, they may kill him, or if they want, they may accept the blood money, which is thirty Hiqqah, thirty Jadha'ah and forty Khalifah. This is the blood money for deliberate slaying. Whatever is settled by reconciliation belongs to them, and that is a binding covenant.”

Chapter 5: The Blood Money For What Appears To Be Intentional Due To Its Harshness.

It was narrated from Abdullah bin 'Amr that the Prophet (ﷺ) said

Another chain reports a similar hadith.

Chapter 8: One Who Prevents The Next Of The Kin Of The Slain From Exacting Retaliation Or Taking The Blood Money

It was narrated from Ibn 'Abbas, who attributed it to the Prophet (ﷺ)

“Whoever kills out of folly or for tribal motives, using a rock, a whip, or a stick; he must pay the blood money for killing by mistake. Whoever kills deliberately, he is to be killed in retaliation. Whoever tries to prevent that, upon him is the curse of Allah, the angels and all the people, and no change nor equitable exchange will be accepted from him.”

Chapter 11: The Blood Money For A Fetus

It was narrated that Abu Hurairah said

“The Messenger of Allah (ﷺ) ruled concerning a fetus that (the blood money) was a slave, male and female. The one against whom this verdict was passed said: ' Should we pay blood money for one who neither ate, drunk, shouted, nor cried, (at the moment of birth)? One such as this should be overlooked .' The Messenger of Allah (ﷺ) said: 'This man speaks like a poet. (But the blood money for a fetus is) a slave, male, or female.'”

Chapter 15: The Blood Money Of A Woman (Who Kills Someone) Is Upon Her Male Potential Inheritors and Her Inheritance is For Her Child

It was narrated from 'Amr bin Shu'aib, from his father, that his grandfather said

“The Messenger of Allah (ﷺ) ruled that a woman's blood money (if she kills someone) should be paid by her male relatives on her father's side, whoever they are, and they should not inherit anything from her, except what is left over after her heirs have been taken their shares. If she is killed than her blood money is to be shared among her heirs, since they are the ones who may kill the one who killed her.”

Chapter 16: The Retaliation For A Tooth

It was narrated that Anas said

“Rubai, the paternal aunt of Anas, broke the tooth of a girl and they (her family) asked (the girl's family) to let her off, but they refused. They offered to pay compensatory money, but they refused. So they came to Prophet (ﷺ) who ordered retaliation. Anas bin Nadr said: 'O Messenger of Allah (ﷺ), will the tooth of Rubai' be broken? By the One Who sent you with the truth, it will not be broken!' The Prophet (ﷺ) said: 'O Anas, what Allah has decreed is retaliation.' So the people accepted that and forgave her. The Messenger of Allah (ﷺ) said: 'there are among the slaves of Allah those who, if they swear by Allah, Allah fulfills their oath.'”

Chapter 17: The Compensatory Money For Teeth

It was narrated from Ibn 'Abbas that the Messenger of Allah (ﷺ) said

“Teeth are all the same; the incisor and the molar are the same.”

Chapter 20: If A Person Bites A Man And He Pulls Away His Hand And His Tooth Comes Out

It was narrated from Ya'la and Salamah the sons of Ummayah said

“We went out with the Messenger of Allah (ﷺ) on the military expedition of Tabuk, and with us was a friend of ours. He fought with another man while we were on the road. The man bit the hand on his opponent, who pulled away his hand and the man's tooth fell out. He came to Messenger of Allah (ﷺ) demanding compensatory money for his tooth, and the Messenger of Allah (ﷺ) said: 'Would anyone of you go and bite his brother like a stallion, then come demanding compensatory money? There is no compensatory for this.'” Hence, The Messenger of Allah (ﷺ) invalidated it (i.e compensatory in such case).

Chapter 21: A Muslim Should Not Killed For A Disbeliever

It was narrated that Abu Juhaifah said

“I said to 'Ali bin Abu Talib: 'Do you have any knowledge that the people do not have?' He said: 'No, by Allah, we only know what the people know, except that Allah may bless a man with understanding of Qur'an or what is in this sheet, in which are mentioned the rulings on blood money from the Messenger of Allah (ﷺ) and it says that a Muslim should not be killed in retaliation for the murder of disbeliever.'”

It was narrated from Ibn 'Abbas that the Prophet (ﷺ) said

”A believer should not be killed in retaliation for the murder of a disbeliever, and a person who has a treaty should not be killed during the time of the treaty.”

Chapter 1: The Severity Of Killing A Muslim

It was narrated from Abdullah that the Messenger of Allah (ﷺ) said

“The first matter concerning which judgment will be passed among the people on the Day of Resurrection will be bloodshed.”

Chapter 5: The Blood Money For What Appears To Be Intentional Due To Its Harshness.

It was narrated from Ibn Umar that

the Messenger of Allah (ﷺ) stood up on the Day of the conquest of Makkah, on the steps of the Ka'bah. He praised and glorified Allah (SWT), then he said: “Praise is to Allah (SWT) who has fulfilled His promise, granted victory to His slave and defeated the Confederates alone. The one who is killed by mistake is the one who is killed with a whip or a stick; for him the blood money is one hundred camels, of which forty should be pregnant she-camels with their youngs in their wombs. Every custom of Ignorance period, and every blood claim, is beneath these two feet of mine (i.e. is abolished), except for the custodianship of the Ka'bah and the provision of water for the pilgrims, which I confirm still belong to the people to whom they belonged before.”

Chapter 6: The Blood Money For Killing By Mistake.

It was narrated from 'Abdullah bin Masud that the Messenger of Allah (ﷺ) said

“The blood money of one who killed by mistake is twenty Hiqqah (three-year-old she camels), twenty Jadha'ah (four year old she camels), twenty Bint Makhad (one year old she camel), twenty Bint Labun (two year old she camels), and twenty Bani Makhad (one year old she camels).”

Chapter 9: Actions For Which There Is No Retaliation

Nimran bin Jariyah narrated from his father that

a man struck another man on the wrist with his sword and severed it, not at the joint. He appealed to the Prophet (ﷺ) who ordered that the Diyah be paid. The man said: “O Messenger of Allah (ﷺ), I want retaliation.” He said: “Take the compensation and may Allah bless you therein.” And he did not rule that he be allowed retaliation.

Chapter 10: One Who Inflicts A Wound May Ransom Himself By Paying The Compensatory Money

It was narrated from 'Aishah that

the Messenger of Allah (ﷺ) sent Abu Jahm bin Hudhaifah to collect Sadaqah. A man disputed with him concerning his Sadaqah, and Abu Jahm struck him and wounded his head. They came to Prophet (ﷺ) and said: “Compensatory money, O Messenger of Allah (ﷺ)!” The Prophet (ﷺ) said: “You will have such and such,” but they did not accept that. He said: “You will have such and such,” and they agreed. Then the Prophet (ﷺ) said: “I am going to address the people and tell them that you agreed.” They said: “Yes.” So the Prophet (ﷺ) addressed (the people) and said: “These people of Laith came to me seeking compensatory money, and I have offered them such and such. Do you agree?” They said: “No.” The Emigrants wanted to attack them, but the Prophet (ﷺ) told them not to, so they refrained. Then he called them and offered them more and said: “Do you agree?” They said: “Yes.” He said: “I am going to address the people and tell them that you agreed.” They said: “Yes.” So the Prophet (ﷺ) addressed (the people) then said: “Do you Agree?” They said: “Yes.”

Chapter 12: Inheritance From The Blood Money

It was narrated from Sa'eed bin Musayyab that 'Umar used to say

“The blood money is for the near male relatives from the father's side and the wife does not inherit anything from the blood money of her husband,” until Ad-Dahhak bin Sufyan wrote to him, and told him that the Prophet (ﷺ) ruled that the wife of Ashyam bin Dibabi should inherit from the blood money of her husband.

Chapter 14: The Killer Does Not Inherit

It was narrated from Abu Hurairah that

the Messenger of Allah (ﷺ) said: “The killer does not inherit.”