Retaliation

كتاب القصاص

Chapter 2: Section 2

'Amr b. Shu'aib, on his father’s authority, said his grandfather reported God’s Messenger as saying, “If anyone kills a man deliberately he is to be handed over to the relatives of the one who has been killed. If they wish they may kill him, but if they wish they may accept blood wit, which is thirty she-camels in their fourth year, thirty in their fifth year, and forty pregnant she-camels. Any arrangement they make with him is for them to decide.” Tirmidhi transmitted it.

Jabir reported God’s Messenger as saying, “I will not forgive any-one who kills after accepting blood wit.” Abu Dawud transmitted it.

Abud Darda’ told that he heard God’s Messenger say, “No one will suffer any bodily injury and forgive it* without God raising him a degree for it and removing a sin from him.” Tirmidhi and Ibn Majah transmitted it.* Literally "give it as sadaqa.”

Chapter 3: Section 3

Ibn ‘Umar reported the Prophet as saying, “If a man seizes a man and another kills him, the one who killed him is to be killed and the one who seized him is to be imprisoned.” Daraqutni transmitted it.

Chapter 5: Types of Bloodwit - Section 2

‘Amr b. Shu'aib, on his father’s authority, told that his grandfather said God’s Messenger gave judgment that five camels be paid for every wound which lays bare a bone, and five camels for every tooth. Abu Dawud, Nasa’i and Darimi transmitted it, and Tirmidhi and Ibn Majah transmitted the first part.

He reported God’s Messenger as saying, “The fingers and toes are equal,1 the teeth are equal, the front tooth and the molar tooth are equal, this and that are equal.”2 Abu Dawud transmitted it.1. In this tradition only al-asabi' is given, whereas the asabi of the hands and the feet are specified in the preceding. It must obviously mean both fingers and toes here.2. It has been suggested that "this and that” refers only to the little finger and the thumb (cf. the first tradition in the chapter), but it may here refer to the front tooth and the molar tooth mentioned immediately before it.

Chapter 6: Types of Bloodwit - Section 3

‘Ali said that the blood wit for what looked like intentional murder was in three parts

thirty-three she-camels in their fourth year, thirty- three she-camels in their fifth year, and thirty-four she-camels in the sixth year up to the ninth, all pregnant. In a version he said that the blood wit for unintentional murder was in four parts: twenty-five she-camels in their fourth year, twenty-five she-camels in their fifth year, twenty-five she-camels in their third year, and twenty-five she-camels in their second year. Abu Dawud transmitted it.

Mujahid said ‘Umar gave judgment that the blood wit for what resembled intentional murder should be thirty she-camels in their fourth year, thirty she-camels in their fifth year, and forty pregnant she-camels in their sixth year up to the ninth. Abu Dawud transmitted it.

Chapter 0

Chapter 1: Section 1

Ibn Mas'ud’s tradition, “No life is to be taken unjustly” has been mentioned in the Book on Knowledge.

Ibn ‘Umar reported God’s Messenger as saying, “A believer will continue to find ample scope in his religion as long as he does not kill anyone unlawfully.” Bukhari transmitted it.

‘Abdallah b. Mas'ud reported God’s Messenger as saying, “Shedding of blood will be the first matter about which judgment will be given on the day of resurrection.” (Bukhari and Muslim.)

Al-Miqdad b. al-Aswad told that he said, “Tell me, Messenger of God, supposing I meet an infidel and we fight together and he strikes one of my hands with his sword and cuts it off, then flies for refuge from me to a tree and says he has submitted himself to God (or, in another version, says when I intend to kill him that there is no god but God), shall I kill him after he has said it?” He replied, “Do not kill him.” He protested, “But, Messenger of God, he cut off one of my hands.” God’s Messenger then replied, “Do not kill him, for if you do so, he will be in the position in which you were before you killed him, and you will be in the position in which he was before he made his testimony.”* (Bukhari and Muslim.)*i.e. he will now be one for whose killing retaliation may be demanded, and you will be one whose blood may lawfully be shed.

‘Abdallah b. ‘Amr reported God’s Messenger as saying, “If anyone kills a man who has made a covenant* he will not experience the fragrance of paradise, yet its odour can be experienced at a distance of forty years’ journey.” Bukhari transmitted it.* Mu'ahid. This is used of a member of protected communities, but is also used of anyone who belongs to a non-Muslim community with whom a treaty of peace has been made.

Abu Huraira reported God’s Messenger as saying, “He who throws himself from a mountain and kills himself will be thrown down in the fire of jahannam and remain in it for ever and ever; he who sips poison and kills himself will have his poison in his hand and sip it for ever and ever in the fire of jahannam; and he who kills himself with a piece of iron will have his piece of iron in his hand and will be stabbed with it in his belly in the fire of jahannam for ever and ever.” (Bukhari and Muslim.)

Jundub b. ‘Abdallah reported God’s Messenger as saying that among those who lived before their time there was a man who had a wound and had so little patience to bear it that he took a knife with which he cut off his hand, but the blood did not cease to flow till he died. God most high said, “My servant has tried to outstrip me in taking his life, so I have excluded him from paradise.” (Bukhari and Muslim.)

Jabir said that when the Prophet emigrated to Medina at-Tufail b. ‘Amr ad-Dausi did so also accompanied by one of his people who became ill and had so little patience to bear it that he took some arrow heads of his with which he cut his knuckles, and his hands flowed with blood till he died. Then at-Tufail b. ‘Amr saw him in a dream with a fine appearance and saw him covering his hands, so he said to him, “What did your Lord do to you?" He replied, “He forgave me because of my emigration to His prophet.” He asked, “How is it that I see you covering your hands? He replied that it had been said to him, “We will not put right what you have spoilt." At-Tufail told this to the Prophet and he said, “O God, forgive his hands also." Muslim transmitted it.

Anas said that a Jew crushed a girl’s head between two stones and she was asked who had done this to her, whether it was so and so, or so and so, until the Jew was named, whereupon she gave a sign with her head. The Jew was fetched, and when he admitted it God’s Messenger gave command that his head should be crushed with stones.(Bukhari and Muslim.)

He said that ar-Rubaiyi‘, paternal aunt of Anas b. Malik, broke the front tooth of a girl of the Ansar, and when they went to the Prophet he ordered retaliation to be taken. Then Anas b. an-Nadr, paternal uncle of Anas b. Malik, said, “No, by God, her front tooth will not be broken, Messenger of God." He replied, “Anas, God’s decree is retaliation." But the people were agreeable to accepting a fine, so God’s Messenger said, “Among God’s servants there are those who, if one adjured God, would consent to it." (Bukhari and Muslim.)

Abu Juhaifa said he asked ‘Ali whether he had any instruction not contained in the Qur’an and he replied, “By Him who split the seed and created the soul, I have nothing but what is in the Qur’an, except understanding which a man is given regarding His Book and what is in the document.” He asked him what the document contained, and he replied, “Blood wit, the setting free of a prisoner, and that a Muslim should not be killed for an infidel.” Bukhari transmitted it.

Chapter 2: Section 2

Abu Umama b. Sahl b. Hunaif told that when ‘Uthman b. ‘Affan was besieged he looked down and said

I adjure you by God. Are you aware that God’s Messenger said, “It is not lawful to kill a man who is a Muslim except for one of three reasons: fornication after marriage, or unbelief after accepting Islam, or wrongfully killing someone, for which he may be killed”? I swear by God that I have not committed fornication before or after the coming of Islam, or apostatised since I swore allegiance to God's Messenger, or killed anyone whom God has declared inviolate; so for what reason do you want to kill me? Tirmidhi, Nasa'i and Ibn Majah transmitted it, and Darimi gives the wording of the tradition.