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 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).

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 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."

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 that Abu Musa said

"The Messenger of Allah ruled that the fingers are the same and (the Diyah is ) ten camels for each.

It was narrated from Ibn 'Abbas

"This and this are the same: The little finger and the thumb (sahih)

It was narrated that 'Abdullah bin 'Amr said

"When the Messenger of Allah conquered Makkah, he said in his Khutbah: "(The Diyah) for fingers is ten each."

Chapter 47: One Who Takes His Right to Retaliation without the Involvement of the Ruler

It was narrated from Abu Sa'eed Al-Khudri that

he was praying and a son a Marwan wanted to pass in front of him. He tried to stop him but he did not go back, so he hit him. The boy went the boy went out crying and went to Marwan and told him (what had happened). Marwan said to Abu Sa'eed: "Why did you hit your brother's son?" He said: "I did not hit him, rater I hit the Saitan. I heard the Messenger of Allah say: 'If one of you is praying and someone wants to pass in front of him, let him troy to stop him as much as he can, and if he persists then let him fight him, for he is a devil.

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"

It was narrated that Sa'eed bin Jubair said

"Abdur-Rahman bin Abi Laila told me to ask Ibn 'Abbas about two Verses: 'And whoever kills a believe4r intentionally, his recompense is Hell' I asked him and he said: 'Nothing of this has been abrogated.'(And I asked him about the Verse): 'And those who invoke not any other ilah (god) along with Allah, nor kill such person as Allah has forbidden, except by right. He said: 'This was revealed concerning the people of shirk.

It was narrated from Salim bin abi Ja'd that

Ibn 'Abbas was asked about someone who killed a believer deliberately then he repented, believed and did righteous deeds, and followed true guidance. Ibn 'Abbas said: "There is no way he could repent! I heard your Prophet say; He (the victim) will come hanging onto his killer with his jugular veins flowing with blood and saying: "Ask him why he killed me." Then he said: "by Allah, Allah revealed it and never abrogated anything of it.

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

"The major sins are: associating others with Allah, disobeying parents, killing a souls (murder) and swearing a false oath knowingly.

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

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 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."'

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)."

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 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'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)

Chapter 41: Can Anyone Be Blamed For 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-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. "