Sunan Ibn Majah
The Chapters on Blood Money
كتاب الديات
Chapter 8
مَنْ حَالَ بَيْنَ وَلِيِّ الْمَقْتُولِ وَبَيْنَ الْقَوَدِ أَوِ الدِّيَةِ
Unreviewed translation. All hadiths in this collection are available in five languages. Titles and introductions may remain in Arabic.
Muhammad ibn Ma‘mar reported to us: Muhammad ibn Kathir reported to us: Sulayman ibn Kathir reported to us, from Amr ibn Dinar, from Tawus, from Ibn Abbas, who attributed it to the Prophet (Allah bless him and grant him peace): ‘Whoever kills during a time of chaos or factionalism with a stone, whip, or stick owes the blood money for accidental killing. Whoever kills deliberately is subject to retaliation. Whoever obstructs that, upon him is the curse of Allah, the angels, and all people; neither compensation nor substitution will be accepted from him.’
Notes and open questions — unreviewed
The term ‘immiyyah can mean a confused or chaotic killing; ‘asabiyyah refers to factional or partisan zeal. The final phrase is rendered literally.
Chapter 9
مَا لاَ قَوَدَ فِيهِ
Unreviewed translation. All hadiths in this collection are available in five languages. Titles and introductions may remain in Arabic.
Muhammad ibn al-Sabbah and Ammar ibn Khalid al-Wasiti reported to us: Abu Bakr ibn Ayyash reported to us, from Dahtham ibn Qur’an, from Nimran ibn Jariyah, from his father: A man struck another man’s forearm with a sword and severed it away from the joint. He brought a complaint against him to the Prophet (Allah bless him and grant him peace), who ordered compensation for him. The man said, ‘Messenger of Allah, I want retaliation.’ He replied, ‘Take the compensation; may Allah bless you in it.’ He did not rule in his favor for retaliation.
Notes and open questions — unreviewed
The source says the cut was away from a joint and that the injured man requested retaliation, which the Prophet did not grant.
Unreviewed translation. All hadiths in this collection are available in five languages. Titles and introductions may remain in Arabic.
Abu Kurayb reported to us: Rishdin ibn Sad reported to us, from Muawiyah ibn Salih, from Muadh ibn Muhammad al-Ansari, from Ibn Subhan, from al-Abbas ibn Abd al-Muttalib, who said: The Messenger of Allah (Allah bless him and grant him peace) said, ‘There is no retaliation for a head wound that reaches the brain, a wound that penetrates the body cavity, or a fracture that displaces bone.’
Notes and open questions — unreviewed
The Arabic legal wound terms are ma’mumah (a head wound reaching the brain), ja’ifah (a penetrating body-cavity wound), and munaqqilah (a fracture with displacement).
Chapter 10
الْجَارِحِ يَفْتَدِي بِالْقَوَدِ
Unreviewed translation. All hadiths in this collection are available in five languages. Titles and introductions may remain in Arabic.
Muhammad ibn Yahya reported to us: Abd al-Razzaq reported to us: Ma‘mar informed us, from al-Zuhri, from Urwah, from Aishah: The Messenger of Allah (Allah bless him and grant him peace) sent Abu Jahm ibn Hudhayfah to collect alms. A man disputed with him over his alms, so Abu Jahm struck and wounded him. They came to the Prophet and said, ‘Retaliation, Messenger of Allah!’ The Prophet said, ‘You will have such-and-such.’ They were not satisfied, so he said, ‘You will have such-and-such.’ They accepted. The Prophet said, ‘I will address the people and tell them that you are satisfied.’ They said, ‘Yes.’ He addressed the people: ‘These men of Layth came to me seeking retaliation, and I offered them such-and-such. Are you satisfied?’ They said, ‘No.’ The Emigrants were about to attack them, but the Prophet ordered them to hold back, and they did. Then he summoned the men and offered them more. He asked, ‘Are you satisfied?’ They said, ‘Yes.’ He said, ‘I will address the people and tell them you are satisfied.’ They said, ‘Yes.’ He addressed the people and then asked, ‘Are you satisfied?’ They said, ‘Yes.’ Ibn Majah said: I heard Muhammad ibn Yahya say, ‘Ma‘mar alone transmitted this; I know of no one else who narrated it.’
Notes and open questions — unreviewed
The Arabic includes Ibn Majah’s closing note that Ma‘mar alone transmitted the report, as well as the repeated public confirmation of consent.
Chapter 11
دِيَةِ الْجَنِينِ
Unreviewed translation. All hadiths in this collection are available in five languages. Titles and introductions may remain in Arabic.
Abu Bakr ibn Abi Shaybah reported to us: Muhammad ibn Bishr reported to us, from Muhammad ibn Amr, from Abu Salamah, from Abu Hurairah, who said: The Messenger of Allah (Allah bless him and grant him peace) ruled concerning a fetus that its compensation was a male or female slave. The person against whom judgment was given said, ‘Should we pay compensation for one who neither drank nor ate, cried out nor wailed? One like that should be discarded.’ The Messenger of Allah said, ‘This man speaks like a poet: the compensation is a male or female slave.’
Notes and open questions — unreviewed
The Arabic says a male or female slave (ghurrah) as compensation for the fetus; the witness supplies the parenthetical phrase ‘at the moment of birth.’
Unreviewed translation. All hadiths in this collection are available in five languages. Titles and introductions may remain in Arabic.
Abu Bakr ibn Abi Shaybah and Ali ibn Muhammad reported to us; they said: Waki reported to us, from Hisham ibn Urwah, from his father, from al-Miswar ibn Makhramah, who said: Umar ibn al-Khattab consulted the people about a woman’s miscarriage—meaning the fetus she miscarried. Al-Mughirah ibn Shu‘bah said, ‘I witnessed the Messenger of Allah (Allah bless him and grant him peace) rule concerning it that a male or female slave be given as compensation.’ Umar said, ‘Bring me someone to testify with you.’ Muhammad ibn Maslamah testified with him.
Notes and open questions — unreviewed
The Arabic itself explains imlas as the fetus a woman miscarries.
Unreviewed translation. All hadiths in this collection are available in five languages. Titles and introductions may remain in Arabic.
Ahmad ibn Said al-Darimi reported to us: Abu Asim reported to us: Ibn Jurayj informed me: Amr ibn Dinar informed me that he heard Tawus, from Ibn Abbas, from Umar ibn al-Khattab, who asked people to recall the Prophet’s ruling concerning that matter—that is, the fetus. Hamal ibn Malik ibn al-Nabighah stood and said, ‘I was between two of my wives when one struck the other with a tent pole, killing her and her fetus.’ The Messenger of Allah (Allah bless him and grant him peace) ruled that compensation for the fetus was a male slave, and that the woman be killed in retaliation for her.’
Notes and open questions — unreviewed
The Arabic explicitly clarifies that the question concerns the fetus and specifies the miscarried fetus’s compensation and retaliation for the woman killed.
Chapter 12
الْمِيرَاثِ مِنَ الدِّيَةِ
Unreviewed translation. All hadiths in this collection are available in five languages. Titles and introductions may remain in Arabic.
Abu Bakr ibn Abi Shaybah reported to us: Sufyan ibn Uyaynah reported to us, from al-Zuhri, from Said ibn al-Musayyab: Umar used to say, ‘Blood money is the responsibility of the agnatic kin, and a wife does not inherit anything from her husband’s blood money,’ until al-Dahhak ibn Sufyan wrote to him that the Prophet (Allah bless him and grant him peace) had given the wife of Ashyam al-Dibabi a share in her husband’s blood money.’
Notes and open questions — unreviewed
The report records Umar’s earlier view and the information that led him to change it; al-aqilah refers to the kin group liable for blood money.
Unreviewed translation. All hadiths in this collection are available in five languages. Titles and introductions may remain in Arabic.
Abd Rabbih ibn Khalid al-Numayri reported to us: al-Fudayl ibn Sulayman reported to us: Musa ibn Uqbah reported to us, from Ishaq ibn Yahya ibn al-Walid, from Ubadah ibn al-Samit: The Prophet (Allah bless him and grant him peace) ruled that Hamal ibn Malik al-Hudhali al-Lihyani inherit from his wife, whom his other wife had killed.’
Notes and open questions — unreviewed
The Arabic says his other wife killed his wife; the inheritance ruling concerns the slain wife’s husband.
Chapter 13
دِيَةِ الْكَافِرِ
Unreviewed translation. All hadiths in this collection are available in five languages. Titles and introductions may remain in Arabic.
Hisham ibn Ammar reported to us: Hatim ibn Ismail reported to us, from Abd al-Rahman ibn Ayyash, from Amr ibn Shuayb, from his father, from his grandfather, that the Messenger of Allah (Allah bless him and grant him peace) ruled that the blood money for the People of the Two Scriptures—Jews and Christians—was half the blood money for Muslims.
Notes and open questions — unreviewed
The Arabic refers to the People of the Two Scriptures and identifies them as Jews and Christians.
Chapter 14
الْقَاتِلُ لاَ يَرِثُ
Unreviewed translation. All hadiths in this collection are available in five languages. Titles and introductions may remain in Arabic.
Muhammad ibn Rumh al-Misri informed us: al-Layth ibn Sad reported to us, from Ishaq ibn Abi Farwah, from Ibn Shihab, from Humayd, from Abu Hurairah, that the Messenger of Allah (Allah bless him and grant him peace) said, ‘A killer does not inherit.’
Unreviewed translation. All hadiths in this collection are available in five languages. Titles and introductions may remain in Arabic.
Abu Kurayb and Abdullah ibn Said al-Kindi reported to us; they said: Abu Khalid al-Ahmar reported to us, from Yahya ibn Said, from Amr ibn Shuayb: Abu Qatadah, a man from Banu Mudlij, killed his son, so Umar took one hundred camels from him: thirty mature she-camels, thirty young she-camels, and forty pregnant she-camels. He asked, ‘Where is the brother of the slain man?’ I heard the Messenger of Allah (Allah bless him and grant him peace) say, ‘A killer does not inherit.’
Notes and open questions — unreviewed
The narrator says Abu Qatadah killed his own son; Umar assessed one hundred camels in three age categories.
Chapter 15
عَقْلُ الْمَرْأَةِ عَلَى عَصَبَتِهَا وَمِيرَاثُهَا لِوَلَدِهَا
Unreviewed translation. All hadiths in this collection are available in five languages. Titles and introductions may remain in Arabic.
Ishaq ibn Mansur reported to us: Yazid ibn Harun informed us: Muhammad ibn Rashid informed us, from Sulayman ibn Musa, from Amr ibn Shuayb, from his father, from his grandfather, who said: The Messenger of Allah (Allah bless him and grant him peace) ruled that the agnatic kin of a woman bear the blood money she owes, whoever they may be; they inherit nothing from her except what remains after her heirs have received their shares. If she is killed, her blood money is for her heirs, for they are the ones who may seek the killing of her killer.
Notes and open questions — unreviewed
The Arabic begins with the woman’s blood money due from her kin, then distinguishes the case in which she is killed and her heirs claim retaliation.
Unreviewed translation. All hadiths in this collection are available in five languages. Titles and introductions may remain in Arabic.
Muhammad ibn Yahya reported to us: al-Mualla ibn Asad reported to us: Abd al-Wahid ibn Ziyad reported to us: Mujalid reported to us, from al-Shabi, from Jabir, who said: The Messenger of Allah (Allah bless him and grant him peace) assigned the blood money to the killer’s agnatic kin. The slain woman’s agnatic kin said, ‘Messenger of Allah, her estate belongs to us.’ He said, ‘No; her estate belongs to her husband and children.’
Notes and open questions — unreviewed
The Arabic specifies the killed woman’s agnatic kin in the request, then says her inheritance goes to her husband and children.
Chapter 16
الْقِصَاصِ فِي السِّنِّ
Unreviewed translation. All hadiths in this collection are available in five languages. Titles and introductions may remain in Arabic.
Muhammad ibn al-Muthanna Abu Musa reported to us: Khalid ibn al-Harith and Ibn Abi Adi reported to us, from Humayd, from Anas, who said: al-Rubayyi, Anas’s paternal aunt, broke a girl’s incisor. The girl’s family sought pardon, but they refused; compensation was offered, but they refused. They came to the Prophet (Allah bless him and grant him peace), who ordered retaliation. Anas ibn al-Nadr said, ‘Messenger of Allah, will al-Rubayyi’s incisor really be broken? By the One who sent you with the truth, it will not be broken!’ The Prophet said, ‘Anas, the Book of Allah prescribes retaliation.’ The people then accepted and pardoned her. The Messenger of Allah said, ‘Among Allah’s servants are some who, if they swear an oath by Allah, He fulfills it for them.’
Notes and open questions — unreviewed
The Arabic records that the family first refused pardon and compensation, after which they accepted and forgave her.
Chapter 17
دِيَةِ الأَسْنَانِ
Unreviewed translation. All hadiths in this collection are available in five languages. Titles and introductions may remain in Arabic.
Al-Abbas ibn Abd al-Azim al-Anbari reported to us: Abd al-Samad ibn Abd al-Warith reported to us: Shu‘bah reported to me, from Qatadah, from Ikrimah, from Ibn Abbas, that the Messenger of Allah (Allah bless him and grant him peace) said, ‘The teeth are equal: an incisor and a molar are equal.’
Unreviewed translation. All hadiths in this collection are available in five languages. Titles and introductions may remain in Arabic.
Ismail ibn Ibrahim al-Balisi reported to us: Ali ibn al-Hasan ibn Shaqiq reported to us: Abu Hamzah al-Marwazi reported to us: Yazid al-Nahwi reported to us, from Ikrimah, from Ibn Abbas, from the Prophet (Allah bless him and grant him peace), that he ruled that the compensation for a tooth was five camels.
Chapter 18
دِيَةِ الأَصَابِعِ
Unreviewed translation. All hadiths in this collection are available in five languages. Titles and introductions may remain in Arabic.
Ali ibn Muhammad reported to us: Waki reported to us. Muhammad ibn Bashshar reported to us: Yahya ibn Said, Muhammad ibn Ja‘far, and Ibn Abi Adi reported to us; they said: Shu‘bah reported to us, from Qatadah, from Ikrimah, from Ibn Abbas, that the Prophet (Allah bless him and grant him peace) said, ‘These and these are equal’—meaning the little finger and the thumb.’
Notes and open questions — unreviewed
The Arabic explanation identifies the little finger (khinsir) and the thumb (ibham); the English witness adds the ring finger without source support.
Unreviewed translation. All hadiths in this collection are available in five languages. Titles and introductions may remain in Arabic.
Jamil ibn al-Hasan al-Ataki reported to us: Abd al-Ala reported to us: Said reported to us, from Matar, from Amr ibn Shuayb, from his father, from his grandfather, that the Messenger of Allah (Allah bless him and grant him peace) said, ‘The fingers are all equal; each one is valued at ten camels.’
Unreviewed translation. All hadiths in this collection are available in five languages. Titles and introductions may remain in Arabic.
Raja ibn al-Murajja al-Samarqandi reported to us: al-Nadr ibn Shumayl reported to us: Said ibn Abi Arubah reported to us, from Ghalib al-Tammar, from Humayd ibn Hilal, from Masruq ibn Aws, from Abu Musa al-Ashari, from the Prophet (Allah bless him and grant him peace), who said, ‘The fingers are equal.’