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

كتاب القسامة

Chapter 28: The Command To Pardon From Qisas

It was narrated that Anas bin Malik said

"No case requiring Qisas was ever brought to the Messenger of Allah but he would enjoin pardoning."

Chapter 29: Should Diyah Be Taken From One Who Kills Deliberately, If The Heir Of The Victim Pardoned Him, And Doesn't Seek Retaliation?

Abu Hurairah said

"The Messenger of Allah said: 'If a person's relative is killed, he has the choice of two things: Either he may retaliate, or he may take the ransom."'

Abu Hurairah said

"The Messenger of Allah said: 'If a person's relative is killed, he has the choice of two things: Either he may retaliate, or he may take the ransom."'

Abu Salamah narrated that the Messenger of Allah said

"If a person's relative is killed." In Mursal form. (Shah)

Chapter 30: Women Pardoning In Cases Of Blood

It was narrated from 'Aishah that the Messenger of Allah said

"And it is upon those (relatives) of the killed one to block (any punishment) the first (in line) then the first, even if that one is a woman."

Chapter 31: One Who Is Killed With A Stone Or A Whip

It was narrated that Ibn 'Abbas said

"The Messenger of Allah said: 'Whoever is killed in the blind or by something thrown, while between them is a rock, a wipe, or a stick, then the blood money of be paid for him is the blood money for accidental killing. Whoever kills deliberately, then retaliation is upon him, and whoever tries to prevent that, upon him is the curse of Allah, the Angels, and all the people, and neither Sarf nor Adl will be accepted from him."

It was narrated that Ibn 'Abbad, who attributed it to the prophet, said

"Whoever is killed in the blind or by something thrown, with a rock, a whip, or a stick, then the blood money to be paid for him is the blood money for accidental killing. Whoever kills deliberately, then retaliation is upon him, and whoever tries to prevent that, upon him is the curse of Allah, the Angels and all the people, and Allah will not accept any Sarf nor 'Adl from him."

Chapter 32: The Amount Of The Diyah For Seemingly Intentional Killing And Mentioning The Differences Reported From Ayyub In The Narration Of Al-Qasim bin Rabi'ah About That

It was narrated from Al-Qasim bin Rabi'ah, from 'Abdullah bin 'Amr, the Prophet said

"The accidental killing, which seems intentional, with a whip or stick, (the Diyah) is one hundred camels, of which forty should be (she-camels) which their young in their wombs."

It was narrated from Al-Qasim bin Rabi'ah that

the Messenger of Allah delivered a speech on the Day of the Conquest. (And he mentioned it) in Mursal from.

Chapter 33: Mentioning The Differences Reported From Khalid Al-Hadha

It was narrated from Abdullah bin 'Amr that the prophet said

"Indeed the accidental killing, which seems intentional, with a whip or a stick, (the Diyah) is one hundred camels, of which forty should be (she-camels) with their young in their wombs."

It was narrated from 'Uqbah bin Aws, that

a man from among the Companions of the Prophet delivered a speech on the Day of the Conquest of Makkah and said: 'Indeed the accidental killing, which seems international, with a whip, a stick, or a rock, (the Diyah) is one hundred camels, of which forty should be pregnant she-camels between the ages of six and nine years old, all in the middle of their pregnancies."

It was narrated from 'Uqbah bin 'Aws, that the Mssenger of Allah said

"Indeed the accidental killing, the killing with a whip or stick, for it (the Diyah) is one hundred camels - a severe penalty - of which forty should be (she-camels) with their young in their wombs."

It was narrated from Ya'qub bin Aws, from a man among the Companions of the Prophet that

when the Messenger of Allah entered Makkah on the Day of the Conquest, he said: "Indeed, every accidental killing on purpose, or resembling on purpose - killing with a whip or stick, for it are forty (she-camels) which their young in their wombs."

It was narrated from Ya'qub bin Aws that

a man from among the Companions of the Prophet told him, that when the Messenger of Allah came to Makkah, in the Year of the Conquest, he said: "Indeed, accidental killing on purpose, is killing with a whip or stick, for which forty (she-camels) with their young in their wombs."

It was narrated from Ya'qub bin Aws that

a man from among the Companions of the Prophet narrated to him that the Prophet entered Makkah during the Year of the Conquest, and said: 'Indeed, accidental killing on purpose, is killing with a whip or stick, for which forty (she-camels) with their young in their wombs."

It was narrated that Ibn 'Umar said

"The Messenger of Allah stood up on the Day of the Conquest of Makkah, on the steps of Ka'bah. He praised and glorified Allah, then he said: 'Praise be to Allah who has fulfilled His slave and defeated the confederates alone. The one who is killed purposefully by mistake, with a whip or a stick, resembling on purpose, for that (the Diyah) is one hundred camels-a severe penalty-of which forty should be pregnant she-camels with their young in their wombs."'

It was narrated from Al- Qasim bin Rabi'ah that the Messenger jof Allah said

"The accident that resembles on purpose, meaning (killing) with a stick or a whip, (for which the Diyah is) one hundred camels, of which forty should be (pregnant she-camels), with their young in their wombs."

It was narrated from 'Amr bin Shu'aib, from his father, from his grandfather, that the Messenger of Allah said

"Whoever is killed by mistake, his ransom is one hundred camels: Thirty Bint Makkah, thirty Bint Labun, thirty Hiqqah and ten Bin Labun. "[1] The Messenger of Allah used to fix the value (of the Diayah for accidental killing) among town-dwellers at four hundred Dinars or the equivalent value in silver. When he calculated the price in terms of people with camels (for Bedouin), it would vary from one time to another. When prices rose, the value in Dinars would rise, and when prices fell the value in Dinars would fall. At the time of the Messenger of Allah the value was between four hundred and eight hundred Dinars, or the equivalent value in silver, eight thousand Dirhams. And the Messenger of Allah ruled that if a person's blood money was paid in cattle, among those who kept cattle, the amount was two hundred cows; and if a person's blood money was paid in sheep, among this who kept sheep, the value was two thousand sheep. The Messenger of Allah ruled that the blood money is part of the estate, to be divided among the heirs of the victim according to their allotted shares, and whatever is left over is for the 'Asabah. And the Messenger of Allah ruled that if a woman commits urder then he 'Asahah, whoever they may be, must pay the blood money, but they do not inherit anything except that which is left over from her heirs; if a woman is killed then her blood money is to be shared among her heirs, and they may kill her killer. (Hasah)

Chapter 34: Mentioning The Ages Of Camels To Be Given In Diyah For Accidental Killing

In Mas'ud said

"The Messenger of Allah ruled that the Diyah for accidental killing is twenty Bint Makhad, twenty Bin Makhad, twenty Bint Labur, twenty Jadh'ah, and twenty Hiqqah."

Chapter 35: Mention Of The Diyah In Silver

It was narrated that Ibn 'Abbas said

"A man killed another man during the time of the Messenger of Allah, and the Prophet set the Diyah at twelve thousand. And he mentioned His saying: And they could not find any cause to do so except that Allah and His Messenger had enriched them of His Bounty. concerning them taking the Dyah." (Hasan)This is the wording of Abu Dawud.