The Book of Oaths (qasamah), Retaliation and Blood Money

A similar report was transmitted from ʿAlqamah ibn Waʾil, from his father. Yahya said that this version was better than the preceding one.

ʿAlqamah ibn Waʾil reported from his father: “I was sitting with the Messenger of Allah when a man came with a strap around his neck. He said that his brother and another man had been digging a pit, and the other man raised a pickaxe and struck his brother on the head, killing him. The Prophet told him to pardon the man, but he refused and repeated the accusation. After the Prophet urged him to pardon the man again and he refused, the Prophet told him to go, warning that if he killed the man, he would be like him. The man led the killer away. People called after him, asking whether he had heard the Messenger of Allah. He returned and asked if killing the man would make him like him. The Prophet said yes and again urged him to pardon the man. He left, dragging his strap, until he was out of sight.”

ʿAlqamah ibn Waʾil reported from his father: “I was sitting with the Messenger of Allah when a man came leading another by a strap and said that the man had killed his brother. The Prophet asked the accused whether he had killed him. The man admitted it and explained that they had been gathering firewood when his companion insulted him, so he struck him on the forehead with an axe. The Prophet asked whether he had property to pay for his life. The man said he had only his axe and clothes. Asked whether his people would ransom him, he replied that he was too insignificant to them. The Prophet handed the strap to the brother of the victim and told him to take the killer. As they left, the Prophet said that if the brother killed him, he would be like him. They called the brother back and told him this. He returned and said he had taken the man only at the direction of the Prophet. The Prophet asked whether he wanted the killer to bear his sin and that of his companion. He said yes, and the Prophet confirmed it.”

Simak ibn Harb reported from ʿAlqamah ibn Waʾil, from his father, that he was sitting with the Messenger of Allah when a man came leading another man to him, and he related a similar report.

ʿAlqamah ibn Waʾil reported from his father that a man who had killed another was brought to the Prophet, who handed him to the heir of the victim to be killed. The Prophet told those sitting with him that both the killer and the slain would be in the Fire. A man followed the heir and told him this; when he heard it, he released the killer. The narrator said he saw the man leave dragging his strap. When this was mentioned to Habib, he said that Saʿid ibn Ashwaʿ had told him that the Prophet ordered the heir to pardon the killer.

Anas ibn Malik reported that a man brought the killer of his relative to the Messenger of Allah. The Prophet told him to pardon the killer, but he refused. The Prophet offered blood money, but he refused. The Prophet then told him to go and kill the man, saying that he would be like him. As the man left, people told him what the Prophet had said. He released the killer, who passed by dragging his strap.

ʿAbdullah ibn Buraydah reported from his father that a man came to the Prophet and said that another man had killed his brother. The Prophet told him to kill the man as he had killed his brother. The accused asked him to fear Allah and pardon him, saying that this would bring a greater reward and be better for him and his brother on the Day of Resurrection. The man released him. When the Prophet heard what had happened, he said that pardon would be better than what the victim might say on the Day of Resurrection when asking his Lord to question the man about killing him.

ʿAbdullah ibn Buraydah reported from his father that a man came to the Prophet and said that another man had killed his brother. The Prophet told him to kill the man as he had killed his brother. The accused asked him to fear Allah and pardon him, saying that this would bring a greater reward and be better for him and his brother on the Day of Resurrection. The man released him. When the Prophet heard what had happened, he said that pardon would be better than what the victim might say on the Day of Resurrection when asking his Lord to question the man about killing him.

ʿIkrimah reported from Ibn ʿAbbas that Qurayzah and Nadir had different status, with Nadir regarded as more noble. If a man from Qurayzah killed a man from Nadir, he was killed in return; if a man from Nadir killed a man from Qurayzah, he paid one hundred wasqs of dates. After a man from Nadir killed a man from Qurayzah, the latter demanded that he be handed over for execution. They agreed to let the Prophet judge between them. Then the verse, “If you judge, judge between them with justice,” was revealed; justice meant a life for a life. Then the verse, “Do they seek the judgment of the days of ignorance?” was revealed.

Ibn ʿAbbas reported that the verses in Surat al-Maʾidah, from “Judge between them or turn away from them” through “those who act justly,” were revealed concerning blood compensation between Nadir and Qurayzah. The slain of Nadir had been accorded higher status and received full blood compensation, while Qurayzah received only half. They referred the dispute to the Messenger of Allah, and Allah revealed these verses concerning them. The Prophet upheld their right and made the compensation equal.

Qays ibn ʿUbad reported: “Al-Ashtar and I went to ʿAli and asked whether the Prophet had entrusted him with anything not entrusted to the people generally. He said no, except what was in this document.” He took a document from the sheath of his sword, which stated: “The lives of believers are equal in value, and they stand together against others. The protection granted by the least among them is binding on them all. No believer is to be killed in retaliation for a disbeliever, nor is a person under covenant to be killed while the covenant is in force. Whoever commits an offense bears responsibility for it; whoever shelters an offender incurs the curse of Allah, the angels, and all people.”

ʿAli reported that the Prophet said, “The lives of believers are equal in value, and they stand together against others. The protection granted by the least among them is binding on them all. No believer is to be killed in retaliation for a disbeliever, nor a person under covenant while that covenant remains in force.”

Samurah reported that the Messenger of Allah said, “Whoever kills his enslaved person, we will kill him in retaliation; whoever mutilates him, we will mutilate him in retaliation; and whoever castrates him, we will castrate him in retaliation.”

Samurah reported that the Prophet said, “Whoever kills his enslaved person, we will kill him in retaliation, and whoever mutilates his enslaved person, we will mutilate him in retaliation.”

Samurah reported that the Messenger of Allah said, “Whoever kills his enslaved person, we will kill him in retaliation, and whoever mutilates his enslaved person, we will mutilate him in retaliation.”

ʿAmr ibn Dinar reported that he heard Tawus narrate from Ibn ʿAbbas, from ʿUmar, that ʿUmar asked about the ruling of the Messenger of Allah in such a case. Hamal ibn Malik stood and said, “I was between two women when one struck the other with a tent peg, killing her and the fetus she carried.” The Prophet ruled that a ghurrah, a male or female enslaved person, be given as compensation for the fetus and that the woman be killed in retaliation for the other woman.

Anas reported that a Jewish man killed a young girl for the jewelry she wore. The Messenger of Allah ordered that the man be killed in retaliation for her.

Anas ibn Malik reported that a Jewish man took jewelry from a girl, then crushed her head between two stones. They found her still breathing and brought people before her one by one, asking whether this was the man. She indicated yes. The Messenger of Allah ordered that the man be executed by crushing his head between two stones.

Anas ibn Malik reported that a girl wearing jewelry went out, and a Jewish man seized her, crushed her head between two stones, and took her jewelry. They found her still breathing and brought her to the Messenger of Allah. He asked whether a named man had killed her, and she shook her head no. He continued naming people until he named the Jewish man; she nodded yes. He was seized and confessed, and the Messenger of Allah ordered that his head be crushed between two stones.

Aishah, Mother of the Believers, reported that the Messenger of Allah said, “It is not lawful to kill a Muslim except in one of three cases: a married adulterer, who is stoned; a man who deliberately kills a Muslim; and a man who leaves Islam and wages war against Allah and His Messenger, who is to be killed, crucified, or banished from the land.”