The Book of Oaths (qasamah), Retaliation and Blood Money
كتاب القسامة
Chapter 44: Diyah For Fingers.
"this and this are the same,": meaning the little finger and the thumb.
Chapter 46: Mentioning The Hadith of 'Amr Bin Hazm concerning Blood Money, and different Versions
the Messenger of Allah wrote a letter to the people of Yemen, included in which were the rules of inheritance, the sunan and the (rules concerning) blood money. He sent it with 'Arm bin Hazm and it was read to the people of Yemen, Its contents were as follows: "From Muhammad the Prophet to Shurahbil bin 'Abd Kulal, Nu'aim bin 'Abd Kulal, Al-Harith bin' Abd Kulal, Qail dhil-Ru'ain, Mu'afir and Hamdan. To precede" - And in this letter it said that whoevewrkills a believer for no just reason is to be killed in return, unless the heirs of the victim agree to pardon him. For killing a person, the Diyah is one hundred camels. For the nose, if it is cut off completely, diyah must be paid, for the tongue, diyah must be paid; for the lips, Diyah must be paid; for the testicles, Diyah must be paid; for the ends, Diyah must be paid; for the backbone, Dynamist be paid; for the eyes, Diyah must be paid; for one leg, half the Diyah must be paid; for a blow to the head that reaches the brain, one-third of thediyah must be paid; for a stab wound that penetrates deeply into the body, one-third of the diyah must be paid; for a blow that breaks the bone, fifteen camels must be given; for every digit of the hands or feet, ten camels must be given; for a tooth five camels must be given; for an injury that exposes the bone, five camels must be given. A man may be killed in return for (killing) a woman and those who deal in gold must pay one thousand dinars. (Daif)
"Abu Bakr bin Hazm brought me a letter on a piece of leather (which was ) from the Messenger of Allah: 'This is a statement from Allah and His Messenger: 'O you who believe! Fulfill (your obligations. And he quoted some Verses from it. Then he said: 'For a soul, one hundred camels; for an eye, fifty camels; for a hand, fifty; for a foot, fifty; for a blow to the head that reaches the brain, one-third of the Diyah: for a hand, fifty; for a stab wound that penetrates deeply, one-third of the Diyah; for a blow that breaks a bone, fifteen camels; for fingers, ten each; for teeth, five each; for a wound that exposes the bone, five. (Daif)
Chapter 47: One Who Takes His Right to Retaliation without the Involvement of the Ruler
"Whoever looks into a house without the permission of the occupants and they put out his eye, he has no right to blood money or retaliation."
Chapter 48: What Is Mentioned In The Book Of Retaliation From Al-Mujtaba Which Is Not Contained In The Sunan: Interpreting The Saying Of Allah, The Mighty And Sublime: "And Whoever Kills A Believer Intentionally, His Recompense Is Hell To Abide Therein"
"The people of Al-Kufah differed concerning this verse: 'And whoever kills a believer intentionally. So I went to Ibn 'Abbas and asked him, and he said: 'It was revealed among the last of what was revealed, and nothing of it was abrogated after that.
Chapter 31: One Who Is Killed With A Stone Or A Whip
"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."
"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 33: Mentioning The Differences Reported From Khalid Al-Hadha
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."
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."
"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 37: The Diyah For A Disbeliever
"The Messenger of Allah said: 'The blood money for Ahl Adh-Dhimmah is half that of the blood money for the Muslims, and they are the Jews and Christians."
Chapter 38: The Diyah for a Mukatab
the Prophet of Allah ruled that the Diyah for a Mukatab should be (equivalent) to the Diyah for a free man, proportionate to the amount he had paid off (toward buying his freedom).
"The Mukatab is free to the extent that the has paid off (toward buying his freedom); he Hadd punishment should be carried out on him proportionate to the amount he has paid off (toward buying his freedom); and he inherits proportionate to the amount he has paid off (toward buying his freedom)."
Chapter 39: The Diyah For A Woman's Fetus
"Do not throw pebbles, for the Prophet of Allah forbade throwing pebbles," or "he disliked the throwing of pebbles." Kahmas (one of the narrators) was not sure.
"Two women of Hudhail had a fight, and one of them threw a rock at the other and killed her and the child in her womb. They referred the dispute to the Messenger of Allah, and the Messenger of Allah ruled that the Diyah for her fetus was a male or female slave, and that the Diyah of the woman be paid by her 'Aqilah (male relatives on the father's side). And he made her children and those who were with them her heirs. Hamal bin Malik bin An-Nabighah Al-Hudhali said: "O Messenger of Allah, how can I pay blood money for one who neither ate nor drank, or shouted such a one should be over looked." The Messenger of Allah said: "This is one of the brothers of the soothsayers" because of the rhyming way in which he spoke.
the Messenger of Allah ruled that for a fetus which is killed in the mother's womb, a male or female slave be given (as Diyah). The one against whom he passed this ruling said: "How can I pay blood money for one who neither ate nor drank, or shouted or cried (at the moment of birth)? Such a one should be overlooked." The Messenger of Allah said: "This is one of the soothsayers."'
a woman struck her co-wife with a tent pole and killed her, and she (the slain woman) was pregnant. She was brought to the Prophet, and the Messenger of Allah ruled that the 'Asabah of the killer should pay the Diyah , and a slavae (should be paid) for the fetus. Her 'Asabah said: "Should Diyah be paid for one who neither ate nor drank, or shouted or cried (at the moment of birth)? Such a one should be overlooked." The prophet said: "Rhyming verse like the verse of the Bedouins."
Chapter 40: The Description Of Killing That Resembles Intentional Killing, And Who Is To Pay The Diyah For A Fetus And For A Killing That Resembles Intentional Killing, And Mentioning The Different Wordings Reported In The Narration Of Ibrahim From 'Ubaid Bin Nudailah From Al-Mughirah
"A woman struck her co-wife, who was pregnant, with a tent pole and Killed her, The Messenger of Allah ruled that the 'Asahab of the Killer was to pay the Diyah and to give a slave (as Diyah for ) the child in her womb. One of the'Asabah of the killer said: 'Am I to pay blood money for one whom neither ate nor drank, or shouted or cried (at the moment of birth)? Such a one should be overlooked. The Messenger of Allah said: 'Rhyming verse like the verse of the Bedouin?' and he made them pay the Diyah
there were two co-wives, one of whom struck the other with a tent people and killed her. The Messenger of Allah ruled that the Diyah was to be paid by the 'Asabah of the killer, and that a slave should be given (as diyah) for the child in her womb. The Bedouin Said: "Are you penalizing me for one who neither ate nor drank, or shouted or cried (at the moment of birth)? Such a one should be overlooked/" He said: "Rhyming verse like the verse of the Jahiliyyah," and he ruled that a slave should e given (as Diyah) for the child in her womb.
"A woman of Banu Lihyan struck her co-wife with a tent pole and killed her, and the slain woman was pregnant. The Messenger of Allah ruled that the Diyah was to be paid by the'Asbah of the killer, and that a slave should be given (as Diyah) for the child in her womb".