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

كتاب القسامة

Chapter 19: Self-Defense

It was narrated from Ya'la bin Munyah that

a man from Banu Tamim fought with another man, and he bit his hand, so he pulled it away and a front tooth fell out. They referred the dispute to the Messenger of Allah, who said: "Would one of you bite his brother as a young camel bites?" and he thwarted it, meaning he judged it to be invalid.

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

It was narrated from Safwan bin 'Abdullah that his two paternal uncles, Salamah and Ya'la, the sons of Umayyah, said

"We went out with the Messenger of Allah on the campaign of Tabuk, and there was a friend of ours with us, who fought with a man from among the Muslims. The man bit him on the forearm, so he pulled it away from his mouth and a tooth fell out. The man came to the Prophet, seeking blood money, but his brother and bite him like a stallion bites, then come and demand blood money? There is no blood money for that." And the Messenger of Allah juddgedit to be invalid.

It was narrated from Safwan bin Ya'la, from his father, that

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.

It was narrated from Ya'la that

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?"

It was narrated from Safwan bin Ya'la that his father said

"I went on the campaign to Tabuk with the Messenger of Allah, and I hired a worker. My hired man fought with another man. The other one bit him, and his front tooth fell out. He went to the Prophet and told him about that, but the Prophet considered it to bin vain.

It was narrated that Ya'la bin Umayyah said

"I went on a campaign with the Messenger of Allah in the Army of Hardship, and this was the deed of which I was most sure. I had a hired man who fought with another person. One of them bit the finger of the other, who pulled his finger away and a front tooth fell out. He went to the Prophet who considered the tooth to be in vain, and said: "Would he put his hand in your mouth for you to bite it?"

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."

It was narrated from Safwan bin Ya'la bin Munyah that

a hired man of Ya'la bin Munyah was bitten by another on his forearm and he pulled it away from his mouth. The matter was referred to the Prophet, as his front tooth had fallen out, but the Messenger of Allah considered it an invalid claim, and said: "No,; should he put (his forearm) in your mouth for you to bite it as a stallion bites?"

It was narrated from Safwan bin Ya'la that

his father wen on the campaign of Tabuk with the Messenger of Allah, and he hired a man who fought with another man. The man bit his forearm, and when it hurt him, he pulled it away, and the man's front tooth fell out. The matter was referred to the Messenger of Allah who said: "Would one of you deliberately bit his brother as a stallion bites?" And he judged it to be invalid.

Chapter 21: Retaliation For Stabbing

It was narrated that Abu Aa'eed Al-Khudri daid

"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."'

It was narrated the Abu Sa'eed Al-Khudri said

"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."'

Chapter 22: Retaliation For A Slap

Ibn 'Abbad narrated that

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 23: Retaliation For Pulling Roughly On A Person's Clothes

It was narrated that Abu Hurairah said

"We would sit with the Messenger of Allah in the Masjid and when he stood up, we would stand up too, Only day he stood up and we stood up with him, and when he reached the middle of the Masjid, a man caught up with him and pulled roughly on his Rida' (upper-warp) from behind. His Rida 'was of rough material, and that left a red mark on his neck. He said: 'O Muhammad! Load up these two camels of mine, for you are not giving me anything from your wealth or the wealth of your father!' The Messenger of Allah said: 'The Messenger of Allah said: 'No, and I pray for Allah's forgiveness. I will not load anything (onto your camels) untily you let me retaliate for your pulling roughly (on my cloak and leaving a mark on) my neck.' The Bedouin said: 'No, by Allah, I will not let you retaliate., The Messenger of Allah said that three times, and each time the man said: 'No, by Allah, I will not let you retaliate., When we heard what the Bedouin said, we turned toward him quickly. The Messenger of Allah turned to us and said; 'I urge anyone who hears me not to leave his place until give him permission. Then the Messenger of Allah said: 'O so and so, load one of his camels with barley and the other with dates.' Then the Messenger of Allah said: 'Leave,"'

Chapter 24: Retaliation Against People in Authority

It was narrated from Abu Firas that "Umar said

"I saw the Messenger of Allah allowing others to seek retaliation against him."

Chapter 25: Intervention of the Ruler

It was narrated from 'Aishah that

the Messenger of Allah sent Abu Jahm bin Hudhaifah to collect Zakah and a man argued with him about his Sadaqah, so Abu Jahm struck him. They came to the prophet and he said: "Diyah, O Messenger of Allah." He said: "You will have such and such," but they did not accept it. The Messenger of Allah said: "You will have such and such," and they accepted it. The Messenger of Allah said: "I am going to address the people and tell them that you accepted it." They said: "Yes." So the Prophet addressed (the people) and said: "Those people came to me seeking compensation, and I offered them such as such, and they accepted." They said: "No." The Muhajirun wanted to attack them, but the Messenger of Allah ordered them to refrain, so they refrained. Then he called them and said: "Do you accept?" They said:" Yes." He said: "I and going to address the people and tell them that you accepted it." They said: "Yes." So the Prophet addressed (the people), then he said: "Do you accept?" They said: "Yes."

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.

It was narrated from Anas that

the Messenger of Allah sent a detachment jof troops to some people of Khath'am, who sought to protect themselves by prostrating (to demonstrate that they were Muslims), but they were killed. The Messenger of Allah ruled that half the Diyah should be paid, and said: "I am innocent of any Muslim who (lives with) a Mushrik.' Then the Messenger of Allah said: "Their fires should not be visible to one another."'

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."

It was narrated that Mujahid said

"Al-Qisas (the Law of Equality in punishment) is prescribed for you in case of murder: the free for the free[2] The rule for the Children of Israel was Qisas, and not Diyah. Then Allah, the Mighty and Sublime, revealed the Diyah to them, and He revealed this ruling to this Ummah as an alleviation of the ruling that applied to the Children of Israel."

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."