The Book of Oaths, Muharibin, Qasas (Retaliation), and Diyat (Blood Money)

كتاب القسامة والمحاربين والقصاص والديات

Chapter 3: Confirmation of Qisas in the case of killing with a rock and other sharp or heavy objects, and the killing of a man for a woman

Anas b. Malik reported that a Jew killed a girl with a stone for her silver ornaments. She was brought to Allah's Messenger (ﷺ) when there was yet some life in her. He (the Holy Prophet) said to her

Has so and so killed you? She indicated with the nod of her head: No. He said for the second time, and she again said: No with the nod of her head. He asked for the third time, and she said: Yes with the nod of her head and Allah's Messenger (ﷺ) commanded to crush his head between two stones.

This hadith has been narrated on the authority of Shu'ba with the same chain of transmitters and in the hadith narrated on the authority of Ibn Idris (the words are)

" He (commanded) to crush his head between two stones."

Anas reported that a Jew killed a girl of the Ansar for her ornaments and then threw her in a well and smashed her head with a stone. He was caught and brought to the Messenger of Allah (ﷺ), and he commanded that he should be stoned to death. So he was stoned until he died.

This hadith has been narrated on the authority of Ayyub with the same chain of transmitters.

Anas b. Malik reported

A girl was found with her head crushed between two stones. They asked her as to who had done that-has so and so (done it) until they mentioned a Jew. She indicated with the nod of her head (that it was so). So the Jew was caught, and he made confession (of his guilt). And Allah's Messenger (ﷺ) commanded that his head be smashed with stones.

Chapter 4: If a person attacks another person's life and limb, and the other defends himself and kills him or injures him, there is no penalty on him

Imran b. Husain reported

Ya'la b. Munya or Ibn Umayya fought with a person, and the one bit the hand of the other. And he tried to draw his hand from his mouth and thus his foreteeth ware pulled out. They referred their dispute to Allah's Apostle (ﷺ), whereupon he said: Does any one of you bite as the camel bites? So there is no blood-wit for it.

This hadith has been transmitted on the authority of Ya'la.

'Imran b. Husain reported that a person bit the arm of another person; he pulled it out and his foretooth fell down. This matter was taken to Allah's Apostle (ﷺ), and he turned it down saying

Did you want to eat his flesh?

Safwan b. Ya'la reported that a person bit the arm of the servant of Ya'la b. Munya. He pulled it and his foretooth fell. The matter was referred to Allah's Apostle (ﷺ) and he turned it down and said

Did you intend to bite his hand, as the camel bites?

'Imran b. Husain reported that a person bit the hand of a person. He withdrew his hand and his foretooth or foreteeth fell down. He (the man who lost his teeth) referred the matter to Allah's Messenger (ﷺ) and he said, What do you want me to do? Do you ask me that I should order him to put his hand in your mouth, and you should bite it as the camel bites? (If you want retaliation, then the only way out is) that you put your hand in his mouth (allow him) to bite that and then draw it away.

Safwan b. Ya'la b. Munya reported on the authority of his father that there came to Allah's Apostle (ﷺ) a person who had bitten the hand of another person and who had withdrawn his hand (and as a result thereof) his foreteeth had fallen (those which had bitten). The Apostle of Allah (ﷺ) turned down his (claim), and said

Do you wish to bite as the camel bites?

Safwan b. Ya'la b. Umayya thus reported from his father

I participated in the expedition to Tabuk with Allah's Apostle (ﷺ). And Ya'la used to say: That was the most weighty of my deeds, in my opinion. Safwan said that Ya'la had stated: I had a servant; he quarrelled with another person, and the one bit the hand of the other. ('Ata' said that Safwan had told him which one had bitten the hand of the other.) So he whose hand was bitten drew ill from (the mouth) of the one who had bitten it and (in this scuffle) one of his foreteeth was also drawn out. They both came to Allah's Apostle (ﷺ) and he declared his (claim for the compensation of) tooth as invalid.

This hadith has been narrated on the authority of Juraij with the same chain of transmitters.

Chapter 5: The validity of Qisas for teeth and the like

Anas reported that Umm Haritha, the sister of Rubayyi' (she was the father's sister of Hadrat Anas) injured a person (she broke his teeth). The dispute was referred to Allah's Apostle (ﷺ). Allah's Messenger (ﷺ) said

Retribution, retribution. Umm Rubayyi' said: Messenger of Allah, will retribution be taken from so and so? By Allah, it shall not be taken from her (i. e. from Umm Haritha). Thereupon Allah's Apostle said: Hallowed be Allah. O Umm Rubayyi', Qisas (retribution is a command, prescribed) in the Book of Allah. She said: No, by Allah, Qisas will never be taken from her; and she went on saying this until they (the relatives of the one who had been injured) accepted the blood-wit. Thereupon Allah's Messenger (ﷺ) said: Verily there are amongst the servants of Allah (such pious persons) who, if they take oath of Allah, He honours it.

Chapter 6: When it is permissible to shed the blood of a muslim

'Abdullah (b. Mas'ud) reported Allah's Messenger (ﷺ) as saying

It is not permissible to take the life of a Muslim who bears testimony (to the fact that there is no god but Allah, and I am the Messenger of Allah, but in one of the three cases: the married adulterer, a life for life, and the deserter of his Din (Islam), abandoning the community.

This hadith has been narrated on the authority of A'mash.

'Abdullah (b. Mas'ud) reported

Allah's Messenger (ﷺ) stood up and said: By Him besides Whom there is no god but He, the blood of a Muslim who bears the testimony that there is no god but Allah, and I am His Messenger, may be lawfully shed only in case of three persons: the one who abandons Islam, and deserts the community [Ahmad, one of the narrators, is doubtful whether the Prophet (ﷺ) used the word li'l-jama'ah or al-jama'ah), and the married adulterer, and life for life.

This hadith has been reported on the authority of A'mash with the same chain of narrators but with a slight variation of words, i. e. he did not say

By Him besides Whom there is no god.

Chapter 7: The sin of the one who set the precedent of killing

'Abdullah (b. Mas'ud) reported

Allah's Apostle (ﷺ) having said: No person who is killed unjustly, but the share of (this offence of his also) falls upon the first son of Adam, for he was the first to introduce killing.

This hadith has been narrated on the authority of Jarir and 'Isa b. Yunus with a slight variation of words.