The Chapters on Blood Money

كتاب الديات

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.”

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.”

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

“(The injuries caused by) a fire are without liability, and by falling into a well.”

Chapter 28: Oaths

It was narrated from Sahl bin Abu Hathmah from the elders of his people that

'Abdullah bin Sahl and Muhayyishah set out for Khaibar because of some problem that had arisen. Someone came to Muhayyishah, and he told him that Abdullah bin Sahl had been killed and thrown into a pit or well in Khaibar. He came to the Jews and said: “By Allah, you killed him.” They said: “By Allah, we did not kill him.” Then he went back to his people and told them about that. Then he and his brother Huwayyisah, who was older than him, and 'Abdur-Rahman bin Sahl, came (to the Prophet (ﷺ)). Muhayyisah, who was the one who had been at Khaibar, went and he began to speak, but the Messenger of Allah (ﷺ) said: “Let the elder speak first.” So Huwayyisah spoke, then Muhayyisah spoke. The Messenger of Allah (ﷺ) said: “Either (the Jews) will pay the blood money for your companion, or war will be declared on them.” The Messenger of Allah (ﷺ) sent a letter to that effect (to the Jews) and they wrote back saying: “By Allah, we did not kill him.” The Messenger of Allah (ﷺ) said to Huwayyisah, Muhayyisah and Abdur-Rahman: “Will you swear an oath establishing your claim to the blood money of your companion?” They said: “No” He said: “Should the Jews swear an oath for you?” They said: “They are not Muslims.” So the Messenger of Allah (ﷺ) paid the blood money himself, and he sent one hundred she-camels to them and some of them entered the house. Sahl said: “A red she-camels from among them kicked me.”

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.

'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.”

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

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

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.”

It was narrated from Ma'qil bin Yasar that the Messenger of Allah (ﷺ) said

“The Muslims are one hand against others, and their blood is equal.”

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 32: One Who Kills Mu'ahid

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

“Whoever kills a Mu'ahid, will not smell the fragrance of Paradise, even though its fragrance may be detected from a distance of forty years.”

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 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.'”

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.”

Chapter 34: Pardoning A Killer

It was narrated that Abu Hurairah said

“A man killed (another) during the time of the Messenger of Allah (ﷺ) and was referred to the Prophet (ﷺ). He handed him over to the victim's next of kin, but the killer said: 'O Messenger of Allah (ﷺ), by Allah I did not mean to kill him.' The Messenger of Allah (ﷺ) said to the next of kin, 'If he is telling the truth and you kill him, you will go to Hell.' So he let him go. He had been tied with a rope, and he went out dragging his rope, so he became known as Dhan-Nis'ah (the one with the rope).

It was narrated that Anas bin Malik said

It's narrated that AbdurRahman bin AlQasim said "Then it is not (permissible) for anyone after the Prophet ﷺ to say 'Go and kill him, but then you will be like him.' "

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.”

Abu Darda said

“I heard the Messenger of Allah (ﷺ) say: 'There is no man who suffers some (injury) on his body and forgives (the perpetrator), but Allah (SWT) will raise him one degree in status thereby, or erase from him one sin.'My own ears heard it and my heart memorized it.”