Sunan an-Nasa'i
The Book of Oaths (qasamah), Retaliation and Blood Money
كتاب القسامة
Chapter 28
الأَمْرِ بِالْعَفْوِ عَنِ الْقِصَاصِ،
Anas ibn Malik reported: Whenever a case requiring retaliation was brought to the Prophet, he would order forgiveness.
Chapter 29
هَلْ يُؤْخَذُ مِنْ قَاتِلِ الْعَمْدِ الدِّيَةَ إِذَا عَفَا وَلِيُّ الْمَقْتُولِ عَنِ الْقَوَدِ
Abu Hurairah reported that the Messenger of Allah said, “Whoever has a slain relative may choose the better of two options: retaliation or accepting ransom.”
Abu Hurairah reported that the Messenger of Allah said, “Whoever has a slain relative may choose the better of two options: retaliation or accepting ransom.”
Abu Salamah reported that the Messenger of Allah said, “Whoever has a slain relative…” This report is mursal, with the Companion omitted from its chain.
Chapter 30
عَفْوِ النِّسَاءِ عَنِ الدَّمِ،
Aishah reported that the Messenger of Allah said, “Those engaged in a fight must restrain themselves, one after another, even if the person involved is a woman.”
Chapter 31
مَنْ قُتِلَ بِحَجَرٍ أَوْ سَوْطٍ
Ibn Abbas reported that the Messenger of Allah said, “Whoever is killed in a confused melee between people, by a stone, a whip, or a stick, his blood money is that for accidental killing. Whoever kills deliberately is subject to retaliation. Whoever comes between him and it will incur the curse of Allah, the angels, and all people; neither compensation nor ransom will be accepted from him.”
Ibn Abbas reported that the Prophet said, “Whoever is killed in a confused melee, by a stone, a whip, or a stick, his blood money is that for accidental killing. Whoever kills deliberately is subject to retaliation. Whoever intervenes to prevent it will incur the curse of Allah, the angels, and all people; Allah will accept neither an obligatory nor a voluntary deed from him.”
Chapter 32
كَمْ دِيَةُ شِبْهِ الْعَمْدِ وَذِكْرِ الاِخْتِلاَفِ عَلَى أَيُّوبَ فِي حَدِيثِ الْقَاسِمِ بْنِ رَبِيعَةَ فِيهِ
Abdullah ibn Amr reported that the Prophet said, “For a شبه-intentional killing with a whip or a stick, the blood money is one hundred camels, forty of them pregnant and carrying their young.”
Al-Qasim ibn Rabiah reported that the Messenger of Allah delivered a sermon on the day of the Conquest. This report is mursal, with the Companion omitted from its chain.
Chapter 33
ذِكْرِ الاِخْتِلاَفِ عَلَى خَالِدٍ الْحَذَّاءِ
Abdullah ibn Amr reported that the Messenger of Allah said, “A شبه-intentional killing with a whip or a stick entails one hundred camels, forty of them carrying their young.”
A Companion of the Prophet reported that the Prophet delivered a sermon on the day Makkah was conquered and said, “A شبه-intentional killing with a whip, a stick, or a stone entails one hundred camels: forty mature she-camels, ranging from a thaniyyah to a camel in its ninth year, all pregnant.”
Uqbah ibn Aws reported that the Messenger of Allah said, “The blood money for a killing caused by a whip or a stick is one hundred camels, increased in severity, forty of them pregnant and carrying young.”
A Companion of the Prophet reported that when the Messenger of Allah entered Makkah on the day of the Conquest, he said, “For a killing that is accidental but resembles intentional killing, such as one caused by a whip or a stick, forty of the camels are to be pregnant and carrying young.”
A man from among the Companions told Yaqub ibn Aws that when the Messenger of Allah came to Makkah in the year of the Conquest, he said, “For a killing that is accidental but resembles intentional killing, caused by a whip or a stick, forty camels are to be pregnant and carrying young.”
A man from among the Companions told Yaqub ibn Aws that the Prophet entered Makkah in the year of the Conquest and said, “For a killing that is accidental but resembles intentional killing, caused by a whip or a stick, forty camels are to be pregnant and carrying young.”
Ibn Umar reported that on the day Makkah was conquered, the Messenger of Allah stood on the steps of the Kaaba, praised and glorified Allah, and said, “Praise be to Allah, who fulfilled His promise, helped His servant, and alone defeated the confederates. For a شبه-intentional killing caused by a whip or a stick, the blood money is one hundred camels, increased in severity, forty of them pregnant and carrying young.”
Al-Qasim ibn Rabiah reported that the Messenger of Allah said, “A شبه-intentional killing, such as one caused by a stick or whip, entails one hundred camels, forty of them pregnant and carrying young.”
Amr ibn Shuayb reported from his father and grandfather that the Messenger of Allah said, “Whoever is killed by mistake, his blood money is one hundred camels: thirty bint makhad, thirty bint labun, thirty hiqqah, and ten male ibn labun.” The Prophet assessed its value for townspeople at four hundred dinars or the equivalent in silver. For camel owners, he adjusted the value according to the market: when camels were expensive, it rose, and when they were cheap, it fell. During the Prophet time its value ranged from four hundred to eight hundred dinars, or the equivalent in silver, which was eight thousand dirhams. He ruled that where blood money was paid in cattle, it was two hundred cows, and where it was paid in sheep, two thousand sheep. He ruled that blood money is inherited by the victim heirs according to their prescribed shares, with any surplus going to the agnatic heirs. He also ruled that a woman liable for blood money is supported by her agnatic relatives, who inherit from it only what remains after her heirs receive their shares; if she is killed, her blood money is divided among her heirs, and they may pursue retaliation against her killer.
Chapter 34
ذِكْرِ أَسْنَانِ دِيَةِ الْخَطَإِ
Ibn Masud reported that the Messenger of Allah ruled that blood money for accidental killing consists of twenty bint makhad, twenty male ibn makhad, twenty bint labun, twenty jadha, and twenty hiqqah.
Chapter 35
ذِكْرِ الدِّيَةِ مِنَ الْوَرِقِ
Ibn Abbas reported that a man killed another during the time of the Messenger of Allah. The Prophet set the blood money at twelve thousand and cited the words of Allah: “They had no grievance except that Allah and His Messenger enriched them from His bounty,” referring to their acceptance of blood money. This is the wording of Abu Dawud.