The Book of Oaths (qasamah), Retaliation and Blood Money
كتاب القسامة
Chapter 21: Retaliation For Stabbing
"While the Messenger of Allah was distributing something, a man came and leaned over him, and the Messenger of Allah hit him with a stick that he had with him. The man went tout, and the Messenger of Allah said: 'Come and ask for retaliation. 'He said: 'No. I ask for retaliation.' He said: 'No, I pardon you, O Messenger of Allah."'
Chapter 22: Retaliation For A Slap
a man slandered one of his forefathers from the time of the Jahiliyyah, and Al-'Abbas slapped him. His people came and said: "Let him slap him as he slapped him," and they prepared for quarrel. News of that reached the Prophet, and he ascended the Minbar and said: "O People, which of the people of the Earth do you know to be the most noble before Allah?" They said: "You." He said: "Al-Abbas belongs to me and I to him. Do not defame our dead or offend our living." Those people came and said: "O Messenger of Allah, we seek refuge with Allah from your anger; pray to give us."
Chapter 28: The Command To Pardon From Qisas
"No case requiring Qisas was ever brought to the Messenger of Allah but he would enjoin pardoning."
Chapter 29: Should Diyah Be Taken From One Who Kills Deliberately, If The Heir Of The Victim Pardoned Him, And Doesn't Seek Retaliation?
"The Messenger of Allah said: 'If a person's relative is killed, he has the choice of two things: Either he may retaliate, or he may take the ransom."'
Chapter 4: Mentioning The Different Wordings In The Report Of Sahl
and from Rafi bin Khadij, the two of them said - :"Abdullah bin Sahl bin Zaid and Muhayysah bin Mas'ud went out until when they reached Khaibar, they went their separate ways. Then Muhayysah found 'Abdullah bin Sahl slain, so he buried him. Then he came to the Mesenger of Allah, along with Huwayysah bin Mas'ud and 'Abdur-Rahman bin Sahl, who was the youngest of them, 'Abdur-Rahman started to speak before his two companions, but the Messenger of Allah said to him: "Let the clear speak first." So he fell silent and his two companions spoke, then he spoke with them. They told the Messenger of Allah about the killing of 'Abdullah bin Sahl, and he said to them: "Will you swear fifty oaths, then you will receive compensation, or be entitled to retaliate?" They said: "How can we swear an oath when we did not witness what happened?" he said: "Then can the Jews swear fifty oaths declaring their innocence?" They said: "How can we accept the oath of a disbelieving people?" When the Messenger of Allah saw that, he paid the blood money (himself).
'Abdullah bin Sahl Al-Ansari and Muhayysah bin Mas'ud went out to Khaibar, where they went their separate ways to go about their business. 'Abdullah bin Sahl was killed, and Muhayysah came (to Madinah) and went with his brother Huwayysah and 'Abdur-Rahman bin Sahl to the Messenger of Allah. 'Abdur-Rahaman started to speak, because of his position as brother (of the slain man) but the Messenger of Allah said: "Let the elders speak first." So Huyysah and Muhayysah spoken, and told him about what happened to 'Abdullah bin Sahl. The Messenger of Allah said to them: "Will you sewer fifty oaths, then you will receive compensation or be entitled to retaliate?" (In his narration) Malik said: "Yahya said: 'Bushair said that the Messenger of Allah paid the blood money himself, but Sa'eed bin 'Ubaid At-Ta'l disagreed with them (in reporting that).''
Chapter 5: Retaliation
"It is not permissible to shed the blood of a Muslim except in one of three cases: A soul for a soul, a adulterer who has been married, and one who separates leaving his religion."
A man who had killed someone was brought to the Messenger of Allah, and he was brought by the heir of the victim. The Messenger of Allah said to him. 'Will you forgive him? He said: No.' He said: 'Will you kill him? He said: 'Yes.' He said: 'Go away.' Then when he went away, he called him back and said: will you forgive him?' He said: 'No.' He said: 'Will you accept the Diyah? He said: 'No.' He said: 'will you kill him? He said: 'Yes.' He said: 'Go away.' Then when he had gone he said: If you forgive him, he will carry your sin and the sin of your companion (the victim)." So he forgave him and let him go." He said: "And I saw him dragging his string."
Chapter 8: Different Reports From 'Ikrimah Concerning That[2]
"Either judge between them, or turn away from them. If you turn away from then up to: those who act justly."[1] - were revealed concerning the matter of blood money between An-Nadir and Quraizah. That was because the slain of An-Nadir were of noble status, so the blood money would be paid in full for them, but for Banu Quraizah only half of the blood money would be paid. They referred the matter to the Messenger of Allah for judgment, then Allah, the Mighty and Sublime, revealed that concerning them, so the Messenger of Allah told them to do the right thing and he made the blood money equal.
Chapter 12: Retaliation If A Man Kills A Woman
"A girl went out wearing some jewelry and a Jew caught her, crushed her head between two rocks and took the jewelry that she was wearing. She was found as she was breathing her last, and she was brought to the Messenger of Allah who said: 'Who killed you? Was it so and so?' She gestured no with her head, and he continued asking until he named the Jew, and she gestured yes with her head. He was caught and he confessed (to his crime), then the Messenger of Allah ordered that his head be crushed between two rocks."
Chapter 13: No Retaliation Is To Be Carried Out If A Muslim Kills A Disbeliever
"Ali said: 'The Messenger of Allah did not tell me anything that he did not tell the people, except what is in a sheet in the sheath of my word.' They did not leave him alone until he brought out the sheet, and in it (were the words): 'The lives of the believers are equal in value, and they hasten to support the asylum granted by the least of them, and they are one against others. But no believer may be killed in return for a disbeliever, nor one with a covenant while his covenant is in effect."
Chapter 14: Seriousness Of Killing The One With A Covenant (Al-Mu'ahad)1
The Messenger of Allah said: "Whoever kills a Mu'ahad with no justification, Allah will forbid Paradise to him and he will not even smell its fragrance."
Chapter 16: Al-Qisas For A Tooth
"Whoever castrates his slave, we will castrate him, and whoever mutilates his slave, we will mutilate him." This is the wording of Ibn Bashshar (one of the narrators).
the sister of Ar-Rubai' Umm Harithah injured a person and they referred the dispute to the Messenger of Allah. The Messenger of Allah said: "Retaliation, retaliation (Qisas)." Umm Ar-Rabi said: 'O Messenger of Allah, how could retaliation be carried out against so and so? No, by Allah, retaliation willnever be carried out against her!' The Messenger of Allah said: "Subhan Allah, O Umm Ar-Rabi'! decreed by Allah." She said: "No, by Allah, retaliation will never be carried out against her!" And she carried on until they accepted Diyah (blood money). He (the prophet) said: "There are among the slaves of Allah who, if they swear by Allah, Allah fulfills their oath.
Chapter 18: Retaliation For A Bite And Mentioning The Differences In The Report Of The Narrators Of The Narration Of 'Imran bin Husain Concerning That
"Ya'la fought with a man, and one of them bit the other, who pulled his hand away from his mouth, and a front tooth fell out. They referred their dispute to the Messenger of Allah and he said: 'Would one of you bite his brother as a stallion bites? There is no Diyah for that."
Ya'la said, concerning the one who bit (another), and his front tooth fell out, that the Prophet said: "There is no Diyah for you." (Sahih )
Chapter 19: Self-Defense
he fought a man and one of them bit the other, who pulled his forearm away from his mouth, and a front tooth fell out. The matter was referred to the Prophet and he said: "Would one of you bite his brother as a young camel bites?" And judged it to be invalid.
Chapter 20: Mentioning The Differences Reported From 'Ata' In This Hadith
a man bit the hand of another man and his front tooth fell out. He came to the Prophet but he considered it in vain.
he hired a worker who fought with a man and bit his hand, and his from tooth fell out. So he referred the dispute to the Prophet who said: "Do you want to bite his hand as a stallion bites?"
Chapter 21: Retaliation For Stabbing
"While the Messenger of Allah was distributing something, a man came and leaned over him, and the Messenger of Allah hit him with a stick that head with him. The man shouted, and the Messenger of Allah said: 'Come and ask for retaliation. He said: 'No, I pardon you, O Messenger of Allah."'