Retaliation
كتاب القصاص
Chapter 1: Section 1
Ibn Mas'ud’s tradition, “No life is to be taken unjustly” has been mentioned in the Book on Knowledge.
God’s Messenger sent us to some people of Juhaina, and I attacked one of them and was about to spear him when he said, “There is no god but God.” I then speared him and killed him, after which I went and told the Prophet. He said, “Did you kill him when he had testified that there is no god but God?” I replied, “Messenger of God, he did that only as a means to escape death.” He asked, “Why did you not split his heart?”*(Bukhari and Muslim.) *He is here rebuked for attributing motives to the man when he could not know his inner motive. Splitting the heart is a figure of speech for examining the inner motives.In the version of Jundub b. ‘Abdallah al-Bajali God’s Messenger is reported as saying several times, “How will you deal with ‘There is no god but God’ when it comes on the day of resurrection?” Muslim transmitted it.
Abu Shuraih al-Ka'bi reported God’s Messenger as saying, “Then you, Khuza’a, have killed this man of Hudhail, but I swear by God that I will pay his blood wit. If anyone kills a man hereafter his people will have a choice, to kill him if they wish, or to accept blood wit if they wish." Tirmidhi and Shafi‘i transmitted it. It occurs in Sharh as-sunna with his isnad, but it states clearly that it does not occur in the two Sahihs on the authority of Abu Shuraih, saying that they rendered it from Abu Huraira’s version, meaning something similar.**In Masabih as-sunna the tradition is given among the sound ones without any reference to its source. Here Sharh as-sunna is quoted to the effect that the above tradition is not given by Bukhari or Muslim, but that they give something similar on Abu Huraira’s authority. Section 1 is normally confined to traditions from Bukhari or Muslim, or from both, so it is strange to find that a tradition from another source is here preferred to theirs.
Chapter 2: Section 2
Abu ad-Darda’ reported God’s Messenger as saying, “A believer will continue to go on quickly and well* so long as he does not kill anyone unlawfully, but when he does so he will grow weary.” Abu Dawud transmitted it.*i.e. quick to obey God’s commands and observing well what is due to God and man.
Ibn ‘Abbas reported God’s Messenger as saying, “The prescribed punishments are not to be inflicted in mosques and a father is not to be killed for a son.” Tirmidhi and Darimi transmitted it.
‘Amr b. Shu'aib, on his father’s authority, said his grandfather told that Suraqa b. Malik said he was present when God's Messenger allowed a father to take retaliation on his son, but did not allow a son to take retaliation on his father. Tirmidhi transmitted it, declaring it to be weak.
Chapter 3: Section 3
Sa'id b. al-Musayyib told that ‘Umar b. al-Khattab killed five or seven people for one man whom they had killed treacherously, ‘Umar saying. “If the people of San'a’ had conspired against him I would have killed them all.” Malik transmitted it, and Bukhari transmitted something similar on the authority of Ibn ‘Umar.
Chapter 4: Types of Bloodwit - Section 1
He said that two women of Hudhail fought together and one of them threw a stone at the other killing both her and what was in her womb. Then God’s Messenger gave judgment that the blood wit for her unborn child should be a male or female slave of the best quality, he gave judgment that the woman responsible for blood wit should pay her blood wit, and he made her sons and those who were with them her heirs. (Bukhari and Muslim.)
Chapter 5: Types of Bloodwit - Section 2
'Abdallah b. ‘Amr reported God's Messenger as saying, “The blood wit for unintentional murder which resembles intentional, such as is done with a whip and a stick, is a hundred camels, forty of which are pregnant.” Nasa'i, Ibn Majah and Darimi transmitted it, and Abu Dawud transmitted it both on his authority and on that of Ibn ‘Umar. Sharh as-sunna has the wording in al-Masabih on the authority of Ibn ‘Umar.
“If anyone kills a believer wrongfully he must suffer retaliation for what his hand has done unless the relatives of the one who is killed are willing to do otherwise.” It also said that a man may be killed in retaliation for a woman; that the blood wit for a life is a hundred camels; that those who have gold should pay a thousand dinars; that for the complete cutting off of a nose the blood wit of a hundred camels must be paid; that full blood wit must be paid for the teeth, the lips, the testicles, the penis, the backbone and the eyes ; that for one foot half the blood wit must be paid, for a wound in the head a third of the blood wit, for a thrust which penetrates the body a third of the blood wit, for a head wound which removes a bone fifteen camels, for each finger and toe ten camels, and for tooth five camels. Nasa’i and Darimi transmitted it. In Malik’s version it says: For an eye fifty, for a hand fifty, for a foot fifty, and for a wound which lays bare the bone five.
‘Amr b. Shu'aib, on his father’s authority, said his grandfather told that God’s Messenger said in the course of an address in the year of the Conquest, “O people, there is no confederacy in Islam, but such as existed in pre-Islamic times is made still stronger by Islam. The believers are one band against others, the lowliest of them gives protection as from all, the most distant of them sends back spoil to them,* their expeditions sending it back to those who are at home. A believer shall not be killed for an infidel. The blood wit for an infidel is half that for a Muslim. There is to be no bringing in of animals to be assessed for zakat, neither are they to be removed to their pastures, but the sadaqat are to be received only in their dwellings.”, And in a version he said, “The blood wit for one with whom a covenant has been made is half that for a freeman.” Abu Dawud transmitted it.* Here the context seems to require this translation but cf. p. 739, n 1.
‘Amr b. Shu'aib, on his father's authority, said his grandfather told that the value of the blood wit in the time of God’s Messenger was eight hundred dinars or eight thousand dirhams, and that the blood wit for the people of the Book at that time was half that for Muslims. He said that applied till ‘Umar became Caliph, and he made a speech in which he said camels had become dear; so ‘Umar fixed the value for those who possessed gold at a thousand dinars, for those who possessed silver at twelve thousand,* for those who possessed cattle at two hundred cows, for those who possessed sheep at two thousand sheep, and for those who possessed suits of clothing at two hundred suits. But he said he left the blood wit for dhimmis as it was, not raising it in proportion to the increase he made in the blood wit. Abu Dawud transmitted it.*i.e. dirhams
Muhammad b. ‘Amr, on the authority of Abu Salama, said Abu Huraira told that God’s Messenger gave judgment that a male or female slave of the best quality, or a horse, or a mule should be paid for a miscarriage. Abu Dawud transmitted it, saying this tradition is transmitted by Hammad b. Salama and Khalid al-Wasiti on the authority of Muhammad b. ‘Amr, but he did not mention “or a horse or a mule.”
‘Amr b. Shu'aib, on his father’s authority, said his grandfather reported God’s Messenger as saying, “Anyone who practices medicine when he is not known as a practitioner will be held responsible.”* Abu Dawud and Nasa’i transmitted it.*He will have to pay blood wit if the patient dies.
‘Imran b. Husain told that when the slave of some poor people cut off the ear of a slave of some rich people, and his people came to the Prophet telling him that they were poor, he imposed no compensation on them. Abu Dawud and Nasa’i transmitted it.
Chapter 6: Types of Bloodwit - Section 3
Sa'id b. al-Musayyib said God’s Messenger gave judgment that a male or girl slave of the best quality should be paid for a child which is killed in its mother’s womb. When the one against whom this judgment was given asked, “How should I be fined for one who has not eaten or drunk, or spoken, or raised his voice?” adding that compensation is not to be paid for such, God’s Messenger said, “This man simply belongs to the kahins.”* Malik and Nasa’i transmitted it in mursal form, but Abu Dawud transmitted it on his authority (i.e. Sa'id’s) on the authority of Abu Huraira with a fully connected isnad.* There is a suggestion of rhyme in the Arabic used by the man who asked the question, so he is compared to the kahins who made their utterances in this form.
Chapter 1: Section 1
Ibn Mas'ud’s tradition, “No life is to be taken unjustly” has been mentioned in the Book on Knowledge.
He reported God's Messenger as saying, “He who strangles himself will do so in hell, and he who thrusts a spear into himself will do so in hell.” Bukhari transmitted it.
Chapter 2: Section 2
Abu Sa'id and Abu Huraira reported God's Messenger as saying, “If the inhabitants of heaven and earth were to share in [shedding] the blood of a believer, God would overturn them in hell.” Tirmidhi transmitted it, saying this is a gharib tradition.
Ibn ‘Abbas reported the Prophet as saying, “On the day of resurrection the slain will bring the slayer with his forelock and his head in his hand, his own jugular vein meanwhile dripping with blood, and he will say, ‘My Lord, he killed me’ till he brings him near the Throne.” Tirmidhi, Nasa’i and Ibn Majah transmitted it.
He reported God’s Messenger as saying, “God may forgive every sin, except in the case of one who dies a polytheist, or one who purposely kills a believer.” Abu Dawud transmitted it, and Nasa’i transmitted it on the authority of Mu'awiya.
I came to God’s Messenger with my father, and on his asking who this was along with him, he replied, “He is my son; be witness to the fact.” He said, “He will not bring evil on you, nor will you bring evil on him.”*Abu Dawud and Nasa’i transmitted it. * This is explained as meaning that neither will be punished for the wrong done by the other.In Sharh as-sunna there is an addition at the beginning. He said: I went in with my father to see God’s Messenger, and when my father saw what was on God's Messenger’s back he said, “Let me treat what is on your back, for I am a physician.” He replied, “You are the helper, but God is the Physician.”**i.e. you act in a gentle manner giving help and advice, but only God can cure.