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

Al-Mughirah ibn Shubah reported that a woman from Banu Lihyan struck her co-wife with a tent pole and killed her. The slain woman was pregnant. The Messenger of Allah ruled that the killer agnatic relatives pay the blood money and that a ghurra be given for the fetus.

Al-Mughirah ibn Shubah reported that two women married to a man from Hudhayl were involved in a dispute. One struck the other with a tent pole and caused her to miscarry. They brought the matter to the Prophet and asked how compensation could be paid for one who had neither cried at birth nor eaten or drunk. The Prophet said, “Is that rhymed speech like the rhyming of the Bedouins?” He ruled that a ghurra be paid by the woman agnatic relatives.

Al-Mughirah ibn Shubah reported that a man from Hudhayl had two wives. One struck the other with a tent pole and caused her to miscarry. Someone asked what should be done for one who neither ate nor drank nor cried at birth. He replied, “Is that rhymed speech like the Bedouins?” The Messenger of Allah ruled that a male or female enslaved person be given for the fetus, paid by the woman agnatic relatives. This report is mursal, with the Companion omitted from its chain.

Ibrahim reported that a woman struck her pregnant co-wife with a stone and killed her. The Messenger of Allah ruled that a ghurra be given for the fetus and that the blood money for the woman be paid by her agnatic relatives. They objected, asking whether they should pay for one who neither drank nor ate nor cried at birth, and said such a case should be disregarded. He said, “Is this rhymed speech like the Bedouins? This is what I tell you.”

Ibn Abbas reported that two neighboring women were quarreling. One threw a stone at the other, who miscarried a dead boy whose hair had grown, and the woman also died. The Prophet ruled that the agnatic relatives pay the blood money. Her paternal uncle said, “Messenger of Allah, she miscarried a boy whose hair had grown.” The killer father said, “He is lying. By Allah, the boy did not cry at birth, drink, or eat, so such a case should be disregarded.” The Prophet said, “Is this rhymed speech like that of the pre-Islamic age and its soothsayers? A ghurra is due for the child.” Ibn Abbas said that one woman was Mulaykah and the other Umm Ghatif.

Jabir reported that the Messenger of Allah prescribed that each clan contribute to blood money. He also said that a freed person may not take a Muslim as a patron without that person permission.

Amr ibn Shuayb reported from his father and grandfather that the Messenger of Allah said, “Whoever practices medicine without being known to have medical knowledge is liable.”

A similar report was narrated from Amr ibn Shuayb, from his father and grandfather: whoever practices medicine without being known to have medical knowledge is liable.

Abu Rimthah reported: I came to the Prophet with my father. He asked, “Who is this with you?” My father replied, “My son; I attest that he is my son.” The Prophet said, “You are not liable for his wrongdoing, nor is he liable for yours.”

Thalabah ibn Zahdam reported that while the Messenger of Allah was addressing some people of the Ansar, they said, “Messenger of Allah, these are the sons of Thalabah ibn Yarbu, who killed so-and-so in the pre-Islamic period.” The Prophet raised his voice and said, “No soul bears the burden of another.”

Thalabah ibn Zahdam reported that some people from Banu Thalabah came to the Prophet while he was giving a sermon. A man said, “Messenger of Allah, these are Banu Thalabah ibn Yarbu, who killed so-and-so, one of the Companions of the Prophet.” The Prophet said, “No soul bears the burden of another.”

A man from Banu Thalabah ibn Yarbu reported that people from his tribe came to the Prophet. A man said, “Messenger of Allah, these are Banu Thalabah ibn Yarbu, who killed so-and-so, one of the Companions of the Prophet.” The Prophet said, “No soul bears the burden of another.”

Al-Aswad ibn Hilal, who had met the Prophet, reported from a man of Banu Thalabah ibn Yarbu that some of their people killed a Companion of the Messenger of Allah. A Companion said, “Messenger of Allah, these are Banu Thalabah, who killed so-and-so.” The Messenger of Allah said, “No soul bears the burden of another.” Shubah, one of the narrators, explained: no person is held accountable for another person, and Allah knows best.

A man from Banu Thalabah ibn Yarbu reported: I came to the Prophet while he was speaking. A man said, “Messenger of Allah, these are Banu Thalabah ibn Yarbu, who killed so-and-so.” The Messenger of Allah said, “No,” meaning that no soul bears the burden of another.

A man from Banu Yarbu reported: We came to the Messenger of Allah while he was speaking to the people. Some people stood and said, “Messenger of Allah, these are the sons of so-and-so, who killed so-and-so.” The Messenger of Allah said, “No soul bears the burden of another.”

Tariq al-Muharibi reported that a man said, “Messenger of Allah, these are Banu Thalabah, who killed so-and-so in the pre-Islamic period. Avenge him for us!” The Prophet raised his hands until the whiteness of his armpits could be seen and said twice, “No mother bears the burden of her child.”

Amr ibn Shuayb reported from his father and grandfather that the Messenger of Allah ruled that removing a blind eye that remains in its socket entails one-third of its full blood money; cutting off a paralyzed hand entails one-third; and extracting a black tooth entails one-third.

Amr ibn Shuayb reported from his father and grandfather that the Messenger of Allah said, “The compensation for a tooth is five camels.”

Amr ibn Shuayb reported from his father and grandfather that the Messenger of Allah said, “All teeth are equal: five camels for each.”

Abu Musa reported that the Prophet said, “The compensation for each finger is ten camels.”