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

كتاب القسامة

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-Muhgirah bin Shu'bah said

"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".

It was narrated from Al-Muhgirah b in Shu'bad that

two woman were married to a man of Hudhail, and one of them threw tent pole at the other and caused her to miscarry. They referred the dispute to the Prophet and they said: "how can we pay the Diyah for one who neither shouted nor cried (at the moment of birth), or ate or drank? Such a one should be overlooked." He said: "Rhyming verse like the verse of the Bedouins?" And the ruled that the 'Aqilah of the women should give a slave 9asdiyah).

It was narrated form Al-Mughirahbin shu'bah that

a man of Hudhail had two wives, and one of them threw a tent pole at the o0ther and caused her to miscarry. It was said: "What do you think of one who neither ate nor drank, or shouted nor cried (at the moment of birth)?" he said: (Rhyming verse like the verse of the Bedouins. "And the Messenger of Allah ruled that a make or female slave shouted be given (as dihahj) for him (the unborn child), to be paid but the'Aqila h of the woman.

It was narrated from al-a'mash from Ibrahim who said

"I woman struck her co-wife, who was pregnant, with a rock and killed her Messenger of Allah ruled that a slave should be given (as Diyah) for the child in her woman, and that her Diyah should be paid by her 'Asabah. They said:' should we be penalized for one who neither after nor drank, or shouted or cried (at the moment of birth)? Such a one should be overlooked.' He said: 'Rhyming vase like the vase of the Bedouisn? It is what I say to (sahih)

It was narrated that Ibn 'Abbas said;"There were two women neighbors between whom there was some trouble. One of them threw a rock at the other a she miscarried a boy - whose hair had already grown -0 who was or dead, and the woman died too. He ruled that the 'Aqilah had to pay the Diyah. Her paternal uncle said

'O Messenger of Allah, she miscarried a boy whose hair had grown.' The father of the killer said: "He is lying. By Allah he never cried or shouted (at the moment of birth), nor drank nor ate. Such a one should be overlooked.' The Prophet said: 'rhyming verse like the verse of the Jahiliyyah and of its soothsayers? A slave must be given (as Diyah) for the boy, ''' Ibn 'Abbes said; "One of then was Mulaikah and the other was Umm Ghatif."

Jabir said

"The Messenger of Allah ruled that every clan should take part in paying the blood money, and it is not permissible for a freed slave to take a Muslim (other than the one who freed him) as his Mawla (Patron) without the permission (of his former master who set him free)"

It was narrated from'Amrbin shu'aib, from his father that his grandfather said

"the Messenger of Allah said: 'Whoever practices medicine when he is not known for that, he is liable.(Daif)

Narrator mentioned in hadith

A similar report was narrated from 'Amr bin shu'aib, from his father, from his grandfather. (Daif)

Chapter 41: Can Anyone Be Blamed For The sin Of Another?

It was narrated that Abu Rimthah said;"I came to the Prophet with my father and he said

'Who is this with you?' He said:' my son, I bear witness (that he is my son). He said: 'You cannot be affected by his sin or he by yours.

It was narrated that Tha'labah bin Zahdam said

"some people from Banu Tha'labah came to the Prophet when he was delivering a speech and a man said; "O Messenger of Allah, these are Banu Tha'labah bin Yarbu' who killed so and so' - one of the Companions of the Prophet The Prophet said: "No soul is affected by the sin of another.

It was narrated that Tha'1abah bin Zahdam said

"Some people from Banu Tha'labah came to the Prophet (ﷺ) when he was delivering a speech and a man said: 'O Messenger of Allah, these areBanu Tha'labah bin Yarbu' who killed so and so' - one of the Companions of the Prophet (ﷺ). The Prophet (ﷺ) said: 'No soul is affected by the sin of another."'

It was narrated that Ash'ath bin Abi Ash-Sha'tha, said

"I heard Al-Aswad bin Hilal narrate from a man of Banu Tha'labah bin Yarbu' that some people from Banu Tah'labah came to the Prophet and a man said: "O Messenger of Allah, these are Banu Tha'labah bin Yarbu'who killed so and so' - a man from among the companions of the Prophet. The Prophet said: 'No soul is affected by the sin of another

It was narrated from Al-Aswad bin Hilal - who met the Prophet - from a man from Banu Tha'labah bin Yarbu, that

some people from Banu Tha'labah killed a man from among the companions of the Messenger of Allah. A man from among the companions of the Messenger of the Allah said: "O Messenger of Allah, these are Banu Tha'labah who killed so and so." The Messenger said: "No soul is affected by the sin of another." Shu'bah (one of the narrators) said: "That means: No soul is responsible for the sin of anothe4r, and Allah knows best."

It was narrated from Al-Ash'ath bin sulaim, from his father that a man from among Banu Tha'labah bin Yarbu' said

"I came to the Prophet when he was speaking, and a man said: 'O Messenger of Allah, these are Banu Tha'labah bin Yarbu' who killed so and so.' The Messenger of Allah said: 'No,' meaning no soul is affected by the sin of another. "

It was narrated from Ash'ath, from his father that a man from among Banu Tha'labah bin Yarbu' said

"We came to the Messenger of Allah when he was speaking to the people, and some people stood up and said: 'O Messenger of Allah, these are Banu Tha'labah who killed so and so.' The Messenger of Allah said: 'No soul is affected by the sin of another.'''

It was narrated from Tariq and Muharibi that a manh said

"O Messenger of Allah, these are Banu Tha'labah who killed so and so during the Jahiliyyah: avenger us! He raised his arms until the whiteness of his armpits could be seen and said: "No mother's sin can affect her child," twice. (Shaih)

Chapter 42: If A Sightless Eye That looks fine Is Destroyed

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

the Messenger of Allah ruled that one-third of the Diyah should be paid for a sightless eye that looks fine, if it is destroyed; one-third of the Diyah should be paid for a paralyzed hand if it is cut off; and one-third of the Diyah should be paid for a black tooth if it is knocked out.

Chapter 43: Diyah For Teeth

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

"For teeth (the Diyah is) five camels.

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

The Messenger of Allah said: "For teeth (the Diyah is ) the same, five camels for each.'

Chapter 44: Diyah For Fingers.

It was narrated fromabu MUsa that the Prophet said

"For fingers (the Diyah is ) ten (camels) each.