The Book of Oaths (qasamah), Retaliation and Blood Money - Sunan an-Nasa'i

Hadith Reference: Sunan an-Nasa'i 4787

Textual Analysis

The narration "If a person's relative is killed" transmitted in Mursal form indicates a break in the chain of transmission, as the Tabi'i narrator reports directly from the Prophet ﷺ without mentioning the Companion.

Despite its Mursal status, scholars like Imam al-Shafi'i may accept such narrations when supported by other evidence, particularly in legal matters well-established within the Islamic tradition.

Legal Rulings and Commentary

This hadith addresses the fundamental Islamic principle regarding homicide and the rights of victims' families. The killing of a relative establishes specific legal rights for the heirs.

The heirs have the option to demand qisas (legal retribution), accept diyah (blood money), or grant forgiveness. This choice reflects the Quranic principle: "There is for you in legal retribution [saving of] life, O you of understanding, that you may become righteous." (Al-Baqarah 2:179)

Classical scholars emphasize that while the state administers the punishment, the right to choose between retribution, compensation, or pardon primarily rests with the victim's legal heirs.

Scholarly Perspectives

Imam Malik and Abu Hanifah generally exercised caution with Mursal narrations, while Imam Ahmad and al-Shafi'i accepted them under specific conditions, particularly when reported by reliable narrators and consistent with established principles.

The ruling derived from this text aligns with the consensus of scholars regarding the rights of victims' families in cases of intentional homicide, making its legal content widely accepted despite the chain's weakness.