Sunan an-Nasa'i 4779

Overview & Central Theme

This profound hadith, recorded in Sunan an-Nasa'i within The Book of Oaths, Retaliation and Blood Money, establishes the inviolability of human life and the absolute sanctity of justice in Islam. The Prophet ﷺ demonstrates that even a non-Muslim subject (dhimmi) who commits murder is subject to qisas (retaliation), and that the testimony of a dying victim—even through non-verbal gestures—is legally valid and sufficient for establishing guilt. The central theme revolves around the swift, decisive enforcement of justice, the protection of the vulnerable, and the principle that no perpetrator, regardless of status, can escape accountability in an Islamic society.

Context & Linguistic Insights

The hadith occurs in the context of a Jewish man who murdered a young girl for her jewelry—a crime of greed and violence against an innocent child. The Arabic term "qasamah" refers to the oath-taking procedure in homicide cases, while "qisas" denotes equal retaliation. The narrative highlights the Prophet's ﷺ meticulous approach: he asked the dying girl three times, using "gestured with his head" (fa-ishara bi-ra'sihi) to confirm her identification of the killer. The word "awwashat" (gestured) indicates the girl's head movement—a nod for affirmation and a shake for denial—demonstrating that clear non-verbal communication holds legal weight. The Prophet's ﷺ repetition of the question underscores the importance of certainty in capital cases, ensuring the testimony was unambiguous before ordering the execution with two stones, mirroring the method of the crime.

Key Scholarly Insights & Legal Benefits

• The testimony of a dying person is admissible in Islamic law, and gestures indicating affirmation or denial are legally valid forms of communication when the victim is unable to speak.
• Retaliation (qisas) is applied equally to Muslims and non-Muslims residing under Islamic protection, affirming that justice knows no religious or social distinction.
• The Prophet's ﷺ repeated questioning establishes the principle of judicial caution—capital punishment requires certainty, and judges must exhaust all means to verify guilt.
• Swift justice serves as a deterrent and protects the vulnerable, especially women and children, from oppression and violence.

"This hadith demonstrates that the Prophetic methodology in establishing justice is built upon meticulous verification and the protection of rights, even for the weakest members of society. The gesture of the dying girl was treated as conclusive evidence, reflecting the principle that necessity permits what is otherwise restricted." — Imam Ibn Hajar al-Asqalani, Fath al-Bari

Daily Life & Spiritual Application

In our daily lives, this hadith calls us to embody justice, courage, and compassion. It teaches us to stand firmly against oppression, even when the oppressor holds power, and to protect the vulnerable—children, the elderly, and the marginalized—as a sacred trust. The Prophet's ﷺ careful verification reminds us to avoid haste in judgment, whether in legal matters or personal disputes, ensuring fairness and clarity before acting. Spiritually, we are urged to cultivate a society where truth prevails, where the voice of the voiceless is heard, and where accountability is embraced as a divine mandate. This narrative inspires us to be instruments of justice in our communities, knowing that Allah's ﷻ justice is perfect and that our efforts to uphold it, however small, are acts of worship.