The Book of Oaths (qasamah), Retaliation and Blood Money - Sunan an-Nasa'i 4836

This narration from Sunan an-Nasa'i establishes the fundamental Islamic legal principle that criminal responsibility is individual, not collective. When the companion sought to attribute blame to the entire Banu Tha'labah tribe, the Prophet immediately corrected this misconception.

Scholarly Commentary

The Prophet's statement "No soul is affected by the sin of another" affirms the Quranic principle found in Surah Al-An'am (6:164): "No bearer of burdens will bear the burden of another." This establishes that Islamic justice requires individual accountability.

Shu'bah's clarification emphasizes that in matters of criminal law and divine judgment, each person is responsible only for their own actions. This prevents unjust collective punishment and ensures fair legal proceedings where only the actual perpetrator faces consequences.

This hadith has profound implications for Islamic criminal law, prohibiting retaliation against an entire family or tribe for the crime of one member. Blood money and legal penalties must be directed solely at the guilty individual, preserving justice and preventing cycles of tribal vengeance.

Legal Implications

This ruling forms the basis for distinguishing between individual criminal responsibility and collective tribal accountability that was prevalent in pre-Islamic Arabia. It represents a revolutionary advancement in justice systems.

The principle applies to both worldly punishments and spiritual consequences, ensuring that in the Hereafter each soul will account only for its own deeds, not those of ancestors, family, or tribe.