Retaliation

كتاب القصاص

Chapter 2: Section 2

Abu Shuraih al-Khuza'i told that he heard God's Messenger say, “If a relative of anyone is killed, or if he suffers khabal, which means a wound, he may choose one of three things, but if he wants anything more* you must restrain him. He may retaliate, or forgive, or receive compensation; but if he accepts one of these and afterwards asks something more, he will go to hell for ever and ever.” Darimi transmitted it.* Literally “the fourth.”

Chapter 3: Section 3

Abu Huraira reported God’s Messenger as saying, “If anyone helps in killing a believer to the extent of half a word,* he will meet God with ‘Despairing of God’s mercy’ written on his forehead.” Ibn Majah transmitted it.* This is taken to mean that it is a serious matter even to utter half the word which expresses an intention to kill a believer.

Chapter 4: Types of Bloodwit - Section 1

Abu Huraira told that God’s Messenger gave judgment, when the child of a woman of the B. Lihyan was born dead,* that a male or female slave of the best quality be paid in compensation. Then the woman against whom he had given this judgment died, and God’s Messenger gave judgment that her sons and husband should inherit from her and that the compensation should be paid by her relatives on her father’s side. (Bukhari and Muslim.)* Lihyan were a section of the tribe of Hudhail, so this tradition may be explained by what is said in the next ones. It was not merely an instance of a child being born dead; this was due to the injury caused by another woman.

Chapter 5: Types of Bloodwit - Section 2

Khishf b. Malik, on the authority of Ibn Mas'ud, said God’s Messenger gave judgment that the blood wit for accidental killing should be twenty female and twenty male camels which had entered their second year, twenty she-camels which had entered their third year, twenty she-camels in their fifth year and twenty she-camels in their fourth year. Tirmidhi, Abu Dawud and Nasa’i transmitted it, but the sound view is that it does not go back beyond Ibn Mas'ud.Khishf is unknown, being known only by this tradition. It is transmitted in Sharh as-sunna that the Prophet paid bloodwit for those slain at Khaibar from the camels of the sadaqa, but the male camel which has entered its second year is not among the age groups of the camels of the sadaqa, only the male camel which has entered its third year being included.

He said, on his father’s authority, that his grandfather reported the Prophet as saying, “Blood wit for what resembles intentional murder is to be made as severe as that for intentional murder, but the Culprit is not to be killed.” Abu Dawud transmitted it.

Chapter 1: Section 1

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

‘Abdallah b. Mas'ud reported God’s Messenger as saying, “The blood of a Muslim who testifies that there is no god but God and that I am God’s Messenger may not lawfully be shed but for one of three reasons

a life for a life; a married man who commits fornication; and one who turns aside from his religion and abandons the community.” (Bukhari and Muslim.)

Chapter 2: Section 2

'Abdallah b. ‘Amr reported the Prophet as saying, “The passing away of the world would mean less to God than the murder of a Muslim man.” Tirmidhi and Nasa’i transmitted it. Some traced it only to the Companion, and that is the soundest view. Ibn Majah transmitted it on the authority of al-Bara’ b. 'Azib.

Al-Hasan, on Samura’s authority, quoted God’s Messenger as saying, “If anyone kills his slave we will kill him, and if anyone maims his slave we will maim him.” Tirmidhi, Abu Dawud, Ibn Majah and Darimi transmitted it, and Nasa’i added in another version, “If anyone castrates his slave we will castrate him.”

‘Ali reported the Prophet as saying, “The lives of all Muslims are equal; the lowliest of them can guarantee their protection, the most distant can keep others from breaking protection he has given,* and they are one band against others. A Muslim must not be killed for an infidel, nor must one who has been given a covenant be killed while his covenant holds.” Abu Dawud and Nasa’i transmitted it, and Ibn Majah transmitted it on the authority of Ibn ‘Abbas.* The interpretation which seems to be preferred is that no matter how far one may live from the land of infidels, any protection one may guarantee to an infidel must be respected by all Muslims. Another possible explanation is that when a detachment is sent ahead into infidel country those who remain behind them are entitled to their portion of any spoil they take, but it is felt that this meaning does not suit the context. The Arabic words are wa-yaruddu 'alaihim aqsahum.

Ta’us, on the authority of Ibn ‘Abbas, reported God’s Messenger as saying, “If anyone is killed in error when people are throwing stones, or by beating with whips, or striking with a stick, it is accidental and the compensation for accidental death is due.* But if anyone kills someone deliberately retaliation is due, and if anyone tries to prevent it God’s curse and anger will rest on him, and neither supererogatory nor obligatory acts will be accepted from him.” Abu Dawud and Nasa’i transmitted it.*These are instances in which the actual person who killed him is not clearly known, or where there was no intention to kill.

Chapter 3: Section 3

Jundub said he was told by so and so that God’s Messenger said, “On the day of resurrection the man who has been killed will bring the one who killed him and say, ‘Ask this man why he killed me,’ and he will say, ‘I killed him on account of so and so's property’.”* Jundub said, “Avoid that.” Nasa’i transmitted it.* There is some doubt as to whether the word is to be read milk or mulk. The translation above follows the former the latter is the correct reading it would require "in the time of so and so's reign." This, however, does not seem to suit the context.

Chapter 4: Types of Bloodwit - Section 1

Ibn ‘Abbas reported the Prophet as saying, “This and that are equal,” meaning the little finger and the thumb. Bukhari transmitted it.

Al-Mughira b. Shu'ba told that one of two women who were fellow-wives threw a stone or a tent-pole at the other causing an abortion, and God’s Messenger gave judgment that a male or female slave of the best quality be given as compensation for the abortion, and he appointed it to be paid by the woman’s relatives on the father's side. This is Tirmidhi’s version.* Tirmidhi* The principle mentioned in the preface is not observed here. Section 1 should have only traditions from Bukhari or Muslim, but here Tirmidhi’s version is given first.In Muslim’s version he said that a woman struck her fellow-wife with a tent-pole when she was pregnant and killed her, adding that one of them belonged to Lihyan. He said that God’s Messenger made the blood wit for the woman who was killed payable by the paternal relatives of the woman who killed her, and made a slave of the best quality the compensation for the child that had been in her womb.Muslim.

Chapter 5: Types of Bloodwit - Section 2

Ibn ‘Abbas said that God’s Messenger treated the fingers and toes as equal. Abu Dawud and Tirmidhi transmitted it.

Ibn ‘Abbas said the Prophet fixed the blood wit at twelve thousand.* Tirmidhi, Abu Dawud, Nasa’i and Darimi transmitted it.*i.e. dirhams

‘Amr b. Shu'aib, on his father’s authority, said his grandfather told that God’s Messenger was fixing the blood wit for accidental death at the rate of four hundred dinars or their equivalent in silver for townsmen, and he was fixing it according to the price of camels, so when they were dear he increased the amount to be paid and when cheap prices prevailed he reduced the amount to be paid. In the time of God’s Messenger they reached between four hundred and eight hundred dinars, their equivalent in silver being eight thousand dirhams. He said that God's Messenger gave judgment that those who possessed cattle should pay two hundred cows, and those who possessed sheep two thousand sheep. He said that blood wit was to be treated as something to be inherited by the heirs of the one who was killed, and he gave judgment that the blood wit for a woman should be divided among her relatives on her father’s side, but the killer should not inherit anything. Abu Dawud and Nasa’i transmitted it.

He said, on his father’s authority, that his grandfather told that God’s Messenger gave judgment that a third of the blood wit should be paid for loss of eyesight when the eye is not removed. Abu Dawud and Nasa’i transmitted it.

Chapter 7: Offences for which no Responsibility is Incurred - Section 1

'Abdallah b. Mughaffal told that he saw a man throwing pebbles and told him not to do so, for God’s Messenger had forbidden it, saying, “Game is not caught by such means, neither is an enemy injured, but you may sometimes break a tooth or put out an eye.” (Bukhari and Muslim.)

Abu Musa reported God’s Messenger as saying, “When one of you passes along in our mosque or in our market having arrows with him he should grasp their points lest he cause any injury by them to a Muslim.” (Bukhari and Muslim.)

He reported God’s Messenger as saying, “If anyone points a piece of iron at his brother the angels will curse him till he puts it down, even if he is his brother who has the same father and mother.” Bukhari transmitted it.