Sunan an-Nasa'i

Sunan an-Nasa'i 4866

What Is Mentioned In The Book Of Retaliation From Al-Mujtaba Which Is Not Contained In The Sunan: Interpreting The Saying Of Allah, The Mighty And Sublime: "And Whoever Kills A Believer Intentionally, His Recompense Is Hell To Abide Therein"
Arabic hadith text
أَخْبَرَنَا قُتَيْبَةُ، قَالَ حَدَّثَنَا سُفْيَانُ، عَنْ عَمَّارٍ الدُّهْنِيِّ، عَنْ سَالِمِ بْنِ أَبِي الْجَعْدِ، أَنَّ ابْنَ عَبَّاسٍ، سُئِلَ عَمَّنْ قَتَلَ مُؤْمِنًا مُتَعَمِّدًا ثُمَّ تَابَ وَآمَنَ وَعَمِلَ صَالِحًا ثُمَّ اهْتَدَى فَقَالَ ابْنُ عَبَّاسٍ وَأَنَّى لَهُ التَّوْبَةُ سَمِعْتُ نَبِيَّكُمْ صلى الله عليه وسلم يَقُولُ ‏"‏ يَجِيءُ مُتَعَلِّقًا بِالْقَاتِلِ تَشْخَبُ أَوْدَاجُهُ دَمًا يَقُولُ سَلْ هَذَا فِيمَ قَتَلَنِي ‏"‏ ‏.‏ ثُمَّ قَالَ وَاللَّهِ لَقَدْ أَنْزَلَهَا وَمَا نَسَخَهَا
Translation
It was narrated from Salim bin abi Ja'd that

Ibn 'Abbas was asked about someone who killed a believer deliberately then he repented, believed and did righteous deeds, and followed true guidance. Ibn 'Abbas said: "There is no way he could repent! I heard your Prophet say; He (the victim) will come hanging onto his killer with his jugular veins flowing with blood and saying: "Ask him why he killed me." Then he said: "by Allah, Allah revealed it and never abrogated anything of it.

Commentary

Overview & Central Theme

This profound hadith from Sunan an-Nasa'i (4866), narrated by Ibn 'Abbas (may Allah be pleased with him), addresses the gravity of deliberate murder (qatl al-'amd) of a believer. The central theme is the absolute sanctity of a believer's life and the severe consequence of unjust killing, which is not erased by mere repentance in this worldly sense. Ibn 'Abbas's emphatic response—"There is no way he could repent!"—highlights that while Allah's mercy is vast, the right of the victim (haqq al-adami) remains a debt that must be settled, either through qisas (retaliation), diyah (blood money), or the victim's family's forgiveness. The hadith underscores that divine justice in the Hereafter will confront the killer with his victim, whose blood will speak, demanding accountability. This teaching serves as a stark deterrent against taking a life and clarifies that repentance for sins involving Allah's rights may be accepted, but sins involving human rights require restitution or forgiveness from the wronged party.

Context & Linguistic Insights

The hadith arises in a context where Ibn 'Abbas was questioned about a killer who repented, believed, and did righteous deeds—likely referencing the verse in Surah Al-Furqan (25:70) about repentance for those who kill. Ibn 'Abbas's firm stance reflects his understanding that this verse applies to those who killed in ignorance (jahalah) before Islam, not to a deliberate killer after the law has been established. Linguistically, the phrase "hanging onto his killer" (mu'allaqan bi-qatilihi) evokes a vivid image of the victim seizing his murderer on the Day of Judgment, with "jugular veins flowing with blood" (awdajuhu tasfuku daman) symbolizing the unavenged blood crying out. The term "Ask him why he killed me" (salhu fima qatalani) emphasizes the victim's right to confront the killer. Ibn 'Abbas's declaration, "by Allah, Allah revealed it and never abrogated anything of it," refers to Surah An-Nisa (4:93), which promises eternal punishment for deliberate murder, affirming its un-abrogated severity. The Arabic root "qatala" (to kill) and "qasamah" (oath) in the book's title relate to the legal process of establishing guilt, underscoring the jurisprudential weight of this teaching.

Key Scholarly Insights & Legal Benefits

  • The hadith establishes that deliberate murder of a believer is a major sin (kabirah) whose punishment in the Hereafter is severe, and while Allah may forgive if He wills, the victim's right must be fulfilled—hence, repentance alone is insufficient without the victim's family's pardon or legal retribution.
  • It highlights the principle of "haqq al-'abd" (rights of fellow humans) being distinct from "haqq Allah" (rights of Allah); the former requires restitution, as the Prophet (peace be upon him) taught that the martyr's sins are forgiven except debts owed to people.
  • Jurisprudentially, this supports the consensus (ijma') that qisas is obligatory for deliberate murder unless the heirs forgive, and it reinforces the strict rules of evidence and oaths (qasamah) to protect innocent lives, as detailed in the Book of Oaths.
"Imam An-Nawawi (may Allah have mercy on him) said in Sharh Sahih Muslim: 'The correct view is that repentance for killing a believer is not accepted unless the conditions are met—namely, surrendering to the authorities for qisas, or the heirs forgive, or one pays the diyah. This is because the right of the servant is not waived by mere repentance; it is a debt that must be settled.'"

Daily Life & Spiritual Application

For a Muslim living today, this hadith instills a profound reverence for human life, reminding us that every soul is sacred and that our actions carry eternal weight. It urges us to control anger, avoid harm, and never resort to violence, recognizing that even a single unjust killing is a catastrophe. Spiritually, it teaches the importance of seeking forgiveness from those we wrong before seeking Allah's pardon—whether in small matters of backbiting, financial injustice, or emotional harm. Practically, it encourages us to advocate for justice, support victims' families, and uphold the legal processes of qisas and diyah with mercy, always prioritizing reconciliation and forgiveness when possible. The hadith also consoles the oppressed, assuring them that their blood will not be forgotten, and it warns the oppressor of a reckoning where the victim's very veins will testify. By internalizing this, we cultivate a community rooted in justice, compassion, and the fear of Allah, striving to be among those who protect life and honor the dignity of every believer.