The Chapters on Blood Money

كتاب الديات

Chapter 36: A Pregnant Woman Deserving Retaliation

Mu'adh bin Jabal, Abu Ubaidah bin Jararah, Ubadah bin Samit and Shaddad bin Aws narrated that the Messenger of Allah (ﷺ) said

“If a woman kills someone deliberately, she should not be killed until she delivers what is in her womb, if she is pregnant, and until the child's sponsorship is guaranteed. And if a woman commits illegal sex, she should not be stoned until she delivers what is in her womb and until her child's sponsorship is guaranteed.”

Chapter 24: Retaliation Upon The Killer Will Be Carried Out In The Same Manner As He Killed

It was narrated from Anas bin Malik that

a Jew crushed the head of a woman between two rocks and killed her, so the Messenger of Allah (ﷺ) crushed his head between two rocks.

Chapter 26: No Criminal Can Bring Punishment Upon Anyone Else (For His Crime)

It was narrated from 'Usamah bin Sharik that the Messenger of Allah (ﷺ) said

“No person will be punished because of another's crime.”

Chapter 27: Offences For Which There Is No Liability

It was narrated from Abu Hurairah that the Allah's Messenger (ﷺ) said

“The injuries caused by the beast are without liability, and wells are without liability, and mines are without liability.”

It was narrated that 'Ubadah bin Samit said

“The Messenger of Allah (ﷺ) ruled that there is no liability for injuries caused by falling into a mines or a well, nor those caused by a beast.”

Chapter 31: The Lives Of All Muslims Are Equal In Value

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

“The blood of every Muslims is equal, they are one hand against others. The asylum offered by the lowest of them in status applies to them (all), and the return is granted to the farthest of them.”

Chapter 33: One Who Offers Protection To A Man Then Kills Him

It was narrated that Rifa'ah bin Shaddad Al-Qitbani said

“Were it not for a word that I heard from 'Amr bin Hamiq Khuza'i, I would have separated the head of Al-Mukhtar from his body. I heard him saying: “The Messenger of Allah (ﷺ) said: 'If a man trusts someone with his life then he kills him, he will carry a banner of treachery on the day of Resurrection.'”

Chapter 26: No Criminal Can Bring Punishment Upon Anyone Else (For His Crime)

It was narrated that Tariq Al-Muharibi said

“I saw the Messenger of Allah (ﷺ) raising his hands until I saw the whiteness of his armpits, saying: 'No child should be punished because of his mother's crime, no child should be punished because of his mother's crime.”

Chapter 27: Offences For Which There Is No Liability

Khathir bin 'Abdullah bin 'Amr bin 'Awf narrated that his grandfather said

“I heard the Messenger of Allah (ﷺ) say: 'The injuries cause by the beast are without liability, and mines are without liability.”

Chapter 29: Whoever Mutilates His Slave, Then He (The Slave) Is Free

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

“A man came to the Prophet (ﷺ) screaming. The Messenger of Allah (ﷺ) said to him: 'What is the matter with you?' He said: 'My master saw me kissing a slave woman of his, so he cut off my penis.' The Prophet (ﷺ) said: 'Take me to the man.' He was sought but could not be found, so the Messenger of Allah (ﷺ) said: 'Go, for you are free.' He said: 'Who will protect me, O Messenger of Allah (ﷺ)? What if my master enslaves me again?' The Messenger of Allah (ﷺ) said: 'Your protection will be (incumbent upon) every believer or Muslim.'”

Chapter 30: The Most Decent People In Killing Are The People Of Faith

'Abdullah said that the Messenger of Allah (ﷺ) said

“The most decent of the people in killing are the people of faith.”

Chapter 31: The Lives Of All Muslims Are Equal In Value

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

“The hand of the Muslims is over others, and their blood and wealth is equal in value. The (asylum granted by) the lowest of them applies to the Muslims, and the Muslims return (the spoils of war) to the farthest of them.”

Chapter 35: Pardoning In Cases of Retaliation

It was narrated that 'Ata bin Abu Maimunah said

“I only know it from Anas bin Malik who said: 'No case involving retaliation was referred to the Messenger of Allah (ﷺ) but he enjoined forgiveness.”

Chapter 25: There Is No Retaliation Except With The Sword

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

“There is no retaliation except with the sword.”

Chapter 26: No Criminal Can Bring Punishment Upon Anyone Else (For His Crime)

It was narrated from Sulaiman bin Amr bin Ahwas that his father said

I heard the Messenger of Allah (ﷺ) saying during the Farewell pilgrimage: “No criminal commits a crime but he brings. (the punishment for that) upon himself. No father can bring punishment upon his son by his crime, and no son can bring punishment upon his father.”

Chapter 28: Oaths

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

Huwayyisah and Muhayyisah , the sons of Mas'ud, and 'Abdullah and 'Abdur-Rahman the sons of Sahl, went out to search for food in Khaibar. 'Abdullah was attacked and killed, and mention of that was made to the Messenger of Allah (ﷺ). He said: “Will you swear an oath and establish your right to blood money?” They said: “O Messenger of Allah (ﷺ), how can we swear an oath when we did not witness anything?” He said: “Do you want the Jews to swear that they are innocent?” They said: “O Messenger of Allah (ﷺ), then they will kill us too.” So the Messenger of Allah (ﷺ) paid the blood money himself.

Chapter 29: Whoever Mutilates His Slave, Then He (The Slave) Is Free

It was narrated from Salamah bin Rawh bin Zinba', that

his grandfather came to the Prophet (ﷺ) and he had castrated a slave of his. The Prophet (ﷺ) manumitted the slave in compensation for having been mutilated.

Chapter 30: The Most Decent People In Killing Are The People Of Faith

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

“The most decent people in killing are the people of faith.”

Chapter 32: One Who Kills Mu'ahid

It was narrated from Abu Hurairah that the Prophet (ﷺ) said

“Whoever kills a Mu'ahid who has the protection of Allah and the protection of his Messenger, will not smell the fragrance of Paradise, even though its fragrance may be detected from a distance of Seventy years.”

Chapter 33: One Who Offers Protection To A Man Then Kills Him

It was narrated that Rifa'ah said

“I entered upon Mukhtar in his palace and he said: 'Jibril has just left me.' Nothing stopped me from striking his neck (i.e, killing him) but a Hadith that I heard from Sulaiman bin Surad, according to which the Prophet (ﷺ) said: 'If a man trusts you with his life, then do not kill him.' That is what stopped me.”