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

كتاب القسامة

Chapter 13: No Retaliation Is To Be Carried Out If A Muslim Kills A Disbeliever

It was narrated that Ash-Sha'bi said

"I heard Abu Juhaifah say: 'We asked 'Ali: "Do you have anything from the Messenger of Allah apart from the Qur'an?" He said: "No, by the One who splits the seeds and creates the soul, unless Allah gives a slave understanding of His Book, or except this sheet." I said: "What is in the sheet?" He said: "In it are (the regulations concerning) blood money and the freeing of captives and (the rule) that no Muslim should be killed for killing a disbeliever."

It was narrated that Abi Hassan said

"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."

It was narrataed from Al-Ashtar that he said to 'Ali

"What the people have been hearing from you has become widespread. If the Messenger of Allah told you anything, then tell us," He said: "The Messenger of Allah did not tell me anything that he did not tell the people, except that in the sheath of my sword there is a sheet, in which it says: 'The lives of the believers are equal in value, and they hasten to support the asylum granted by the least of them. But no believer may be killed in return for a disbeliever, nor one with a covenant while his covenant is in effect."' It is an abridgement of it.

Chapter 14: Seriousness Of Killing The One With A Covenant (Al-Mu'ahad)1

Abu Bakrah said

"The Messenger of Allah said: 'Whoever kills a Mu'ahad with no justification, Allah will forbid Paradise to him."

It was narrated that Abu Bakrah said

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."

It was narrated from Al-Qasim bin Al-Mukhaimirah, from a man among the Companions of the Prophet, that the Prophet said

"Whoever kills a man from among Ahl Adh-Dhimmah.[2] he will not smell the fragrance of Paradise, and its fragrance may be detected from a distance of seventy years."

It was narrated that 'Abdullah bin 'Amr said

"The Messenger of Allah said: 'Whoever kills a person from among Ahl Adh-Dhimmah, he will not smell the fragrance of Paradise, and its fragrance may be detected from a distance of forty years."

Chapter 15: There Is No Retaliation Between Slave For Offenses Less Than Killing

It was narrated from 'Imran bin Hussain that

a slave belonging to some poor people cut off the ear of a slave belonging to some rich people. They came to the Prophet but he did not give them anything.

Chapter 16: Al-Qisas For A Tooth

It was narrated from Anas that

the Messenger of Allah ruled that Qisas should be given for a tooth. The Messenger of Allah said: "The Messenger of Allah said: "What Allah has decreed is retaliation."

It was narrated from Samurah that the Messenger of Allah said

"Whoever kills his slave, we will kill him, and whoever mutilates his slave, we will mutilate him."

It was narrated from Samurah that the Prophet of Allah said

"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).

It was narrated from Anas that

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 17: Al-Qisas For A Front Tooth

Anas narrated that

his paternal aunt broke the front tooth of a girl and the Prophet of Allah decreed retaliation. Her brother, Anas bin An-Nadr, said: "Will you break the front tooth of so and so? No, by the One Who sent you with the truth, the front tooth of so and so will not be broken!" Before that, they had asked her family for forgiveness and blood money. When her brother - who was the paternal uncle of Anas and was martyred at Uhud - swore that oath, the people agreed to forgive. The Prophet said: "There are among the slaves of Allah who, if they swear by Allah, Allah fulfills their oath."

It was narrated that Anas said

"Ar-Rubai broke the front tooth of a girls, and they asked them (her people) to forgive her, but they refused. They offered them blood money, but they refused. Then they went to the Prophet and he decreed relation. Anas Bin An-Nadr said: "O Messenger of Allah, will you break the front tooth of Ar-Rubai'? No, by the One Who sent you with the truth, it will not be broken!" He said: "O Anas, what Allah has decreed is retaliation." But the people agreed to forgive her. 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

It was narrated from 'Imran bin Hussain that

a man bit the hand of another man, who pulled his hand away, and the man's front tooth (or from teeth) fell out. He complained about that to the Messenger of Allah, and the Messenger of Allah said: "What do you want? Do you want me to tell him to put his hand in your mouth, so that you can bite it like a stallion bites? Or, do you want to give him your hand so that he may bite it, then you can pull it away if you want?"

It was narrated from 'Imran bin Husain that a man bit another man on the forearm

he pulled it away and a front tooth fell out. The matter was referred to the Messenger of Allah and he canceled (the Diyah) and said: "Did you want to bite your brother's flesh as a stallion bites?"

It was narrated that 'Imran bin Husain said

"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."

It was narrated from 'Imran bin Husain 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 )

It was narrated from 'Imran bin Husain that

a man bit another man in the forearm, and his front tooth fell out, so he went to the Prophet and told him about that. He said: "Do you want to bite your brother's forearm as a stallion bites?" And he judged it to be invalid.

Chapter 19: Self-Defense

It was narrated from Ya'la bin Munyah that

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.