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

كتاب القسامة

Chapter 35: Mention Of The Diyah In Silver

It was narrated from Ibn 'Abbas that

the Prophet ruled that twelve thousand (should be given) as Diyah. (Hahan)

Chapter 36: The Diyah Of A Woman

It was narrated from 'Amr bin Shu'aib, from his father, that his grandfather said

"The Messenger of Allah said: 'The blood money of a woman (in the event of injury) is like the blood money of a man, up to one-third of the Diyah (for her life)."

Chapter 37: The Diyah For A Disbeliever

It was narrated from 'Amr Bin Shu'aib, from his father, that his grandfather said

"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."

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

"The blood money for a disbeliever is half the blood money for the believer." (Hassan)

Chapter 38: The Diyah for a Mukatab

It was narrated that Ibn 'Abbas said

"The Messenger of Allah ruled that the Diyah for a Mukatab who is killed should be (equivalent) to the Diyah for a free mand, proportionate to the amount be had paid off (toward buying his freedom)."

It was narrated from Ibn 'Abbas that

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).

It was narrated that Ibn 'Abbas said

"The Messenger of Allah ruled that in the case of a Mukatab, the Diyah should be (equivalent) to the Diyah for a free man, proportionate to the amount he had paid off (towards buying his freedom)." (Dar'if)

It was narrated from Ibn 'Abbas tht the Prophet said

"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)."

It was narrated from Ibn 'Abbas that

a Mukatab was killed at the time of the Messenger of Allah and he commanded that the Diyah be paid (equivalent) to the Diyah for a free man, (proportionate to the amount he had paid off towards buying his freedom).

Chapter 39: The Diyah For A Woman's Fetus

It was narrated from 'Abdullah bin Buraidah, from his father, that

a woman threw some pebbles and stuck another woman, and she miscarried. The Messenger of Allah stipulated (a Diyah of ) fifty sheep for her child. And on that day, he forbade throwing pebbles.

"Abdullah bin Buraidah narrated that

a woman threw pebbles at another woman and the woman who was struck miscarried. The matter was referred to the prophet and he set the blood money for her child at five hundred sheep. And on that day, he forbade throwing pebbles. (Sahih) Abu 'Abdur-Rahman (An-Nasa'i) said: This is an error, and it must be that the intent was one hundred camels. And the prohibition of throwing pebbles has been related from 'Abdullah bin Buraidah, from 'Abdullah bin Mughaffal.

It was narrated from 'Abdullah bin Mughaffal that he saw a man throwing pebbles and he said

"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.

Hamal bin Malik said

"The Messenger of Allah ruled that a slave (should be given as Diyah) for a fetus." Tawus said: "A horse would do in place of a slave."

It was narrated that Abu Hurairah said

"The Messenger of Allah ruled that a male or female slave should be given (as Diyah) to a woman of Banu Lihyah whosw child was miscarried and died. Then the woman to whom he had decreed that the slave should be given died, and the Messenger of Allah ruled that her estate belonged to the children and husband, and that the blood money was to be paid by her 'Asabah."

It was narrated that Abu Hurairah said

"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.

It was narrated from Abu Hurairah that

there were two women of Hudhail during the time of the Messenger of Allah, one of whom threw something at the other and caused her to miscarry. The Messenger of Allah ruled that (Diyah of ) a male or female slave be paid for that.

It was narrated from Sa'eed bin Al-Musayyab that

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."'

It was narrated from Al-Mughirah bin Shu'bah that

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

It was narrated that Al-Mughirah bin Shu'bah said

"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

It was narrated from Al-Mughirah bin shu'bah that

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.