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

Yaala ibn Umayyah reported that a man from Banu Tamim fought with another man and bit his hand. The man pulled his hand away, 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 young camel bites?” He rejected the claim, meaning that he ruled it invalid.

Safwan ibn Abdullah reported from his two paternal uncles, Salamah and Yaala, sons of Umayyah: We went on the campaign of Tabuk with the Messenger of Allah, with a companion of ours. He fought a Muslim man, and the man bit his forearm. He pulled it from the man mouth, and a front tooth fell out. The man came to the Prophet seeking compensation. The Prophet said that one should not bite a brother like a stallion and then seek compensation; there is no compensation for that. The Messenger of Allah ruled the claim invalid.

Safwan ibn Yaala reported from his father that a man bit another man hand, and the biter front tooth fell out. He came to the Prophet, who declared the tooth without compensation.

Yaala reported that he hired a worker who fought with a man and bit his hand, and the biter front tooth fell out. The dispute was brought to the Prophet, who asked whether he would leave his hand for the man to gnaw as a stallion gnaws.

Safwan ibn Yaala reported from his father: I went on the campaign of Tabuk with the Messenger of Allah and hired a worker. My worker fought with another man, and the other man bit him, causing a front tooth to fall out. He went to the Prophet and told him, and the Prophet declared the tooth without compensation.

Yaala ibn Umayyah reported: I went on the campaign of hardship with the Messenger of Allah, a deed I considered the most certain of my deeds. I had a hired worker who fought with another man. One bit the other man finger, and he pulled his finger away, knocking out a front tooth. He went to the Prophet, who declared the tooth without compensation and asked whether he would leave his hand in the other man mouth to be gnawed.

Ibn Yaala reported from his father a report like the account of the man who bit someone and whose front tooth fell out. In it, the Prophet said, “There is no blood money for you.”

Safwan ibn Yaala ibn Umayyah reported that a hired worker of Yaala was bitten on the forearm by another man. He pulled it from the man mouth, and his front tooth had fallen out. The matter was brought to the Prophet. The Messenger of Allah ruled the claim invalid and said, “Would he leave his forearm in your mouth for you to gnaw as a stallion gnaws?”

Safwan ibn Yaala reported that his father went on the campaign of Tabuk with the Messenger of Allah and hired a worker. The worker fought with a man, who bit his forearm. When the pain became severe, he pulled it away and the biter front tooth fell out. The matter was brought to the Messenger of Allah, who said, “Would one of you deliberately bite his brother as a stallion bites?” He ruled the claim invalid.

Abu Said al-Khudri reported that while the Messenger of Allah was distributing something, a man came and leaned over him. The Messenger of Allah prodded him with a palm stalk he had with him. The man left, and the Messenger of Allah called him back, saying, “Come and seek retaliation.” The man replied, “I pardon you, Messenger of Allah.”

Abu Said al-Khudri reported that while the Messenger of Allah was distributing something, a man came and leaned over him. The Messenger of Allah prodded him with a palm stalk he had with him. The man cried out, and the Messenger of Allah said, “Come and seek retaliation.” The man replied, “I pardon you, Messenger of Allah.”

Ibn Abbas reported that a man insulted a forefather of his from the pre-Islamic period, and al-Abbas slapped him. The man family came and said that he should be slapped as he had slapped him, and they took up arms. When news reached the Prophet, he ascended the pulpit and asked, “People, whom do you know to be the most honored of all people before Allah?” They replied, “You.” He said, “Al-Abbas is of me, and I am of him. Do not revile our dead and thereby offend our living.” The people came and said, “Messenger of Allah, we seek refuge in Allah from your anger; ask forgiveness for us.”

Abu Hurairah reported: We used to sit with the Messenger of Allah in the mosque, and when he stood, we stood with him. One day, when he had reached the middle of the mosque, a man caught up with him and tugged his cloak from behind. The cloak was coarse and left his neck red. The man said, “Muhammad, load these two camels of mine. You are not giving me from your wealth or your father wealth.” The Messenger of Allah said, “No. I ask Allah forgiveness. I will not load them until you let me retaliate for what you did to my neck.” The Bedouin said, “No, by Allah, I will not let you retaliate.” The Prophet repeated this three times, and each time the man refused. When we heard him, we hurried toward him, but the Messenger of Allah turned to us and said, “I have bound anyone who heard me not to leave his place until I give permission.” Then he told a man to load one camel with barley and the other with dates, and said, “Go.”

Abu Firas reported that Umar said: I saw the Messenger of Allah allow retaliation to be taken against him.

Aishah reported that the Prophet sent Abu Jahm ibn Hudhayfah to collect alms. A man disputed his alms payment, and Abu Jahm struck him. They came to the Prophet seeking retaliation. He offered them a certain amount, but they did not accept; he offered a different amount, and they accepted. He said, “I will address the people and tell them of your acceptance.” They agreed. The Prophet addressed the people and said, “These people came to me seeking retaliation, and I offered them such-and-such, which they accepted.” They said, “No.” The Emigrants were about to attack them, but the Messenger of Allah ordered them to stop, and they did. He then called the men and asked, “Are you satisfied?” They said yes. He again said he would tell the people of their acceptance, and they agreed. He addressed the people and asked once more whether they were satisfied, and they said yes.

Anas reported that a Jewish man saw jewelry on a girl and killed her with a stone. She was brought to the Prophet while she still had a faint breath. He asked her, “Did so-and-so kill you?” She gestured no. He asked again, and she gestured no. He asked a third time, and she gestured yes. The Messenger of Allah summoned the man and killed him between two stones.

Qays reported that the Messenger of Allah sent a military detachment to a people of Khatham. They sought protection by prostrating, but were killed. The Messenger of Allah ruled that half the blood money was due and said, “I disavow every Muslim who lives among polytheists.” He then said, “Their two fires should not be visible to one another.”

Ibn Abbas reported: Among the Children of Israel, retaliation was prescribed, but blood money was not. Then Allah revealed, “Retaliation is prescribed for you in cases of killing: the free for the free, the slave for the slave, and the female for the female,” up to His words, “But if something is pardoned to someone by his brother, then there should be a fair settlement and payment to him in a good manner.” Pardon here means accepting blood money in a deliberate killing. A fair settlement means pursuing payment fairly, and payment in a good manner means paying it well. “That is a relief and mercy from your Lord” means that this is a lightening of what was prescribed for those before you: retaliation alone, without blood money.

Mujahid explained the verse, “Retaliation is prescribed for you in cases of killing: the free for the free.” The Children of Israel were subject to retaliation without blood money. Then Allah revealed blood money to them, and He made it a concession for this community, easing what had been prescribed for the Children of Israel.

Anas reported that a case requiring retaliation was brought to the Messenger of Allah, and he ordered them to forgive.