Sunan an-Nasa'i
The Book of Oaths (qasamah), Retaliation and Blood Money
كتاب القسامة
Chapter 13
سُقُوطِ الْقَوَدِ مِنَ الْمُسْلِمِ لِلْكَافِرِ
Abu Juhaifah reported that they asked Ali whether he had anything from the Messenger of Allah apart from the Quran. He replied that he did not, except for understanding Allah grants someone of His Book, or what was in a document. Asked what it contained, he said the rules of blood compensation, freeing captives, and that a Muslim is not to be killed for killing a disbeliever.
Abu Hassan reported that ʿAli said, “The Messenger of Allah did not entrust me with anything to the exclusion of other people, except what is in a document in the sheath of my sword.” They kept pressing him until he brought out the document. It stated: “The lives of believers are equal in value. The protection granted by the least among them is binding on them all, and they stand together against others. No believer is to be killed in retaliation for a disbeliever, nor a person under covenant while the covenant is in force.”
Al-Ashtar told ʿAli that what people heard from him had become widespread and asked him to share anything the Messenger of Allah had entrusted to him. ʿAli replied that the Prophet had not entrusted him with anything not entrusted to the people, except for a document in the sheath of his sword. It stated that the lives of believers are equal and that the protection granted by the least among them is binding; no believer is to be killed in retaliation for a disbeliever, nor a person under covenant while the covenant is in force. This is an abridged version.
Chapter 14
تَعْظِيمِ قَتْلِ الْمُعَاهِدِ
Abu Bakrah reported that the Messenger of Allah said, “Whoever kills a person under covenant without justification, Allah will forbid Paradise to him.”
Abu Bakrah reported that the Messenger of Allah said, “Whoever unlawfully kills a person under covenant, Allah will forbid him from Paradise, and he will not even smell its fragrance.”
An unnamed Companion of the Prophet reported that the Messenger of Allah said, “Whoever kills a man from among the protected non-Muslims will not smell the fragrance of Paradise, though its fragrance can be sensed from a distance of seventy years.”
ʿAbdullah ibn ʿAmr reported that the Messenger of Allah said, “Whoever kills a person from among the protected non-Muslims will not smell the fragrance of Paradise, though its fragrance can be sensed from a distance of forty years.”
Chapter 15
سُقُوطِ الْقَوَدِ بَيْنَ الْمَمَالِيكِ فِيمَا دُونَ النَّفْسِ
ʿImran ibn Husayn reported that an enslaved boy belonging to poor people cut off the ear of an enslaved boy belonging to wealthy people. They came to the Prophet, but he awarded them nothing.
Chapter 16
الْقِصَاصِ فِي السِّنِّ
Anas reported that the Messenger of Allah ruled that retaliation applies for a tooth. The Messenger of Allah said, “The decree of Allah is 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.”
Samurah reported that the Prophet of Allah said, “Whoever castrates his enslaved person, we will castrate him in retaliation, and whoever mutilates his enslaved person, we will mutilate him in retaliation.” This is the wording transmitted by Ibn Bashshar.
The sister of Ar-Rubai, Umm Harithah, injured a person, and they brought the dispute before the Messenger of Allah. He said, “Retaliation, retaliation.” The mother of Ar-Rubai said, “O Messenger of Allah, would retaliation be exacted from so-and-so? No, by Allah, it will never be exacted from her.” He said, “Glory be to Allah, O mother of Ar-Rubai! Retaliation is prescribed in the Book of Allah.” She continued to refuse until they accepted blood money. He then said, “Among the servants of Allah are those who, if they swear an oath by Allah, Allah fulfills it.”
Chapter 17
الْقِصَاصِ مِنَ الثَّنِيَّةِ
Anas reported that his aunt, the sister of Ar-Rubai, broke the front tooth of a girl. They brought the case to the Prophet, and he ordered retaliation. Anas ibn an-Nadr said, “Will the front tooth of so-and-so be broken? No, by the Lord of the Kaaba, it will not be broken.” The people sought forgiveness and offered compensation, but they refused. Anas ibn an-Nadr then swore that her front tooth would not be broken. The people accepted forgiveness, and the Prophet said, “Among the servants of Allah are those who, if they swear an oath by Allah, Allah fulfills it.”
Anas reported that al-Rubai broke the front tooth of a girl. The family of the girl was asked to forgive her, but they refused. They offered compensation, but they refused that too. Anas ibn an-Nadr swore that her front tooth would not be broken. They went to the Prophet, who said, “The Book of Allah prescribes retaliation.” The family then accepted forgiveness. The Prophet said, “Among the servants of Allah are those who, if they swear an oath by Allah, Allah fulfills it.”
Chapter 18
الْقَوَدِ مِنَ الْعَضَّةِ وَذِكْرِ اخْتِلاَفِ أَلْفَاظِ النَّاقِلِينَ لِخَبَرِ عِمْرَانَ بْنِ حُصَيْنٍ .
Imran ibn Husain reported that a man bit another man on the hand, and the latter pulled his hand away, causing the front tooth of the biter to fall out. The biter brought the matter to the Prophet, who said, “What does he want? Does he want to leave his hand in your mouth so you can bite it like a stallion? Bring your hand forward so he can bite it, then pull it away if you wish.”
Imran ibn Husain reported that a man bit another man on the forearm. The latter pulled his arm away, dislodging the front tooth of the biter. The biter brought his claim to the Prophet, who dismissed it and said, “Did he expect you to leave your arm in his mouth so he could gnaw it like a stallion?”
Imran ibn Husain reported that Yaala fought with a man. One of them bit the other, who pulled his hand from the biter mouth, and a front tooth fell out. They brought the dispute to the Messenger of Allah, who said, “Would one of you bite his brother as a stallion bites? There is no blood money for that.”
It was narrated from Imran ibn Husain that Yaala spoke about the man who bit another and whose front tooth fell out. The Prophet said, “There is no blood money for you.”
Imran ibn Husain reported that a man bit another man on the forearm. The injured man pulled away and dislodged the biter front tooth. He went to the Prophet and told him what had happened. The Prophet said, “Did you want to gnaw your brother forearm as a stallion gnaws?” He ruled the claim invalid.
Chapter 19
الرَّجُلِ يَدْفَعُ عَنْ نَفْسِهِ،
Yaala ibn Umayyah reported that he fought with a man, and one of them bit the other. The man who was bitten pulled his hand from the biter mouth and knocked out his front tooth. The matter was brought to the Prophet, who said, “Would one of you bite his brother as a young camel bites?” He ruled the claim invalid.