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

كتاب القسامة

Chapter 26: Retaliation With Something Other Than The Sword

It was narrated from Anas, that

a Jew saw some jewelry on a girl, so he killed her with a rock. She was brought to the Prophet as she was breathing her last, and he said: "Did so and so kill you?" - Shu'bah (one of the narrators) gestured with his head, to show that she had gestured no. - He said: "Did so and so kill you?" - Shu'bah (one of the narrators) gestured with his head to show that she had gestured no. - He said: "Did so and so kill you?" - Shu'bah (one of the narrators) gestured with his head to show that she had gestured yes. - So the Messenger of Allah called for him, and killed him with two rocks.

Chapter 27: Interpreting The Saying Of Allah, The Mighty And Sublime: "But If The Killer Is Forgiven By The Brother (Or The Relatives) Of The Killed Against Blood Money, Then Adhering To It With Fairness And Payment Of The Blood Money To The Heir Should Be Made In Fairness"

It was narrated that Ibn 'Abbas said

"There was Qisas among the Children of Israel, but Diyah was unknown among them. Then Allah, the Mighty and Sublime, revealed: "Al-Qisas (the law of equality in punishment) is prescribed for your in case of murder: the free for the free, the slave for the slave, and the female for the female." Up to His saying: "But if the killer is forgiven by the brother 9or the relatives) of the killed against blood money, then adhering to it with fairness and payment of the blood money to the heir should be made in fairness."[2] Forgiveness means accepting the Diyah in the case of deliberate killing. Adhering to it in fairness means asking him to pay the Diyah in a fair manner, and payment in fairness means giving the Diyah in a fair manner. This is and alleviation and a mercy from you Lord,[1] means: This is easier thanthat which was prescribed for those who came before you, which was Qisas and not Diyah."

Chapter 28: The Command To Pardon From Qisas

It was narrated that Anas said

"A case requiring Qisas was brought to the Messenger of Allah and he enjoined them to pardon."

Chapter 3: Family Of The Victim Should Swear The Oath First, In The Case Of Qasamah

It was narrated from Abu Laila bin 'Abdullah bin 'Abdur-Rahman bin Sahl, from Sahl bin Abi Hathmah, that

he informed him, ans some men among the elders of his people, that "Abdullah bin Sahl and Muhayysah set out for Khaibar because of some problem that had arisen. Someone came to Muhayysah, and he told him that 'Abdullah bin Sahl had been killed and thrown into a pit or well. He came to the Jews and said: "By Allah, you killed him." They said: "By Allah, we did not kill him." Then he went baack to his people and told them about that. Then he and his brother Huwayysah, who was older than him, and 'Abdur-Rahman bin Sahl, came (to the prophet). Muhayysah, who was the one who had been at Khaibar, bnegan to speak, but the Messenger of Allah said: "Let the elder speak first." So Huwayysah spoke, then Muhayysah spoke. The Messenger of Allah said: "Either (the Jews) will pay the Diyah for your companion, or war will be declared on them." The Messenger of Allah sent a letter to that effect (to the Jews) and they wrote back saying: "By Allah, we did not kill him." The Messenger of Allah and 'Abdur-Rahman: "Will you swear an oath establishing your claim to the blood money of your companion?" They said: "No." He said: "Should the Jews swear an oath for you?" They said: "They are not Muslims." So the Messenger of Allah paid it himself, and he sent one hundred she-camels to their abodes. Sahl said: "A red she-camel from among them kicked me."

Chapter 4: Mentioning The Different Wordings In The Report Of Sahl

It was narrated from Sahl bin Ab Hathmah and Rafi bin Khadij that

Muhayysah bin Mas'ud and 'Abdullah bin Sahl went to Khaibar for some need they had there, and they parted among the palm trees. 'Abdullah bin Sahl was killed, and 'Abdullah bin Sahl was killed, and his brother 'Abdur-Rahman bin Shl, and Huwayysah, and Musayysah, his paternal cousins, came to the Messenger of Allah. 'Abdur-Rahan spoke about his brother's case, but he was the youngest of them, so the Messenger of Allah said: "Let the elders speak first." So they spoke about their companions, and the Messenger of Allah said: Let fifty of your swear an oath." The said: "O Messenger of Allah, it is something that we did not witness: how can we swear an oath?" He said: "Then let the Jews swear fifty oaths to their innocence." They said: "O Messenger of Allah, they area) a disbelieving people," So the Messenger of Allah paid the blood money himself Sahl said: "I entered a Mirbad of theirs, and one of those camels kicked me."

It was narrated that Sahl bin Abi Hathmah said

"Abdullah bin Sahl was found slain, and his brother, and two paternal uncles, Huwayysah and Huwayisaah, who were the paternal uncles of 'Abdullah bin Sahl, came to the Messenger of Allah. 'Abdur-Rahman started to speak, but the Messenger of Allah said: "Let the elders speak first." They said: "O Messenger of Allah, we found 'Abdullah bin Sahl slain in one of the dry wells of Khaibar." The prophet said: "Whom do you suspect? They said: "We suspect the Jews." He said: "Will you swear fifty oaths saying that the Jews killed him?" They said: "How can we swear an oath about something that we did not see?" He said: "Then can the Jews swear fifty oaths declaring that they did not kill him?" They said:"How can we accept their oaths, when they are Mushrikun?" So the Messenger of Allah paid the blood money himself. (Sahih)Malik narrated this in Mursal from.

Chapter 6: Mentioning The Differences Reported In The Narration Of 'Alqamah Bin Wa'il

It was narrated from Simak bin Harb that 'Alqamah bin Wa'il told him that his father said

"I was sitting with the Messenger of Allah when a man came leading another" (and he narrated) a similar report.

It was narrated from 'Alqamah bin Wa'il that

his father told them that a man who had killed another man was brought to the Prophet and he handed him over to their of the victim to kill him. Then the Prophet said to those who were sitting with him: "The killer and the slain will both be in Fire. "A man went after him and told him that, and when he told him that, he left him (let him go). He (the narrator) said: "I saw him dragging his string when he let him go. I mentioned that the Habib and he said: 'Sa'eed bin Ashwa' told me that the Prophet commanded the man to forgive him."'

It was narrated from 'Abdullah bin Buraidah, from the father, that a man came to the Prophet and said

"This man killed my brother." He said: "Go and kill him as he killed your brother." The man said to him: "Fear Allah and let me go, for that will bring you a greater reward and will be better for you and your brother on the Day of Resurrection." So he let him go. The Prophet was told about that, so he asked him about it, and he told him what he had said. He said: "Pardoning him would be better for you than what he would have done for you on the Day of Resurrection when he said: 'O Lord, ask him why he killed me."'

Chapter 7: The Meaning Of The Saying Of Allah, The Most High: 'And If You Judge, Judge With Justice Between Them"

Chapter 8: Different Reports From 'Ikrimah Concerning That[2]

It was narrated from Simak, from 'Ikrimah, that Ibn 'Abbas said

"There were (the two tribes of) Quraizah and An-Nadir, and An-Nadir was nobler than Quraiaah. If a man of Quraizah Killed a man of An-Nadir, he would be killed in return, but if a man of An-Nadir killed a man of Quraizah, he would pay a Diyah of one hundred Wasqs of dates. When An-Nadir killed a man of Quraizah, and they said: 'Hand him over to us and we will kill him.' They said: 'Between us and you (as judge) is the Prophet.' So they came to him, then the following was revealed: "And if you judge, judge with justice between them."[3] Al-Qisl (justice) means a soul for a soul. Then the following was revealed: "Do they then seek the judgment of (the days of) Ignorance?"[4]

Chapter 10: Retaliating Against The Master For The Slave

It was narrated from Samurah that the Prophet said

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

It was narrated that Samurah said

"The Prophet said: 'Whoever kills his slave, we will kill him, and whoever mutilates his slave, we will mutilate him."'

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

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

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."

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."

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 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 20: Mentioning The Differences Reported From 'Ata' In This Hadith

A similar report to that of the one who bit (another man) and his from tooth fell out was narrated from Ibn Ya'la from his father, in which the Prophet said

"There is no Diyah for you."