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

كتاب القسامة

Chapter 44: Diyah For Fingers.

It was narrated that Ibn 'abbas said

"The (Diyah for) fingers are ten each."

It was narrated from 'Amr bin Shu'aib, from his father, from his grandfather, that the Messengerof Allah (ﷺ) said in his khutbah, while he was leaning with his back against the Ka'bah

"The fingers are the same."

Chapter 46: Mentioning The Hadith of 'Amr Bin Hazm concerning Blood Money, and different Versions

It was narrated that Ibn shihab said

"I read the letter of the Messenger of allah which he wrote for 'Amr bin Hazm when he sent him to govern Najran. The letter was with Abu Bakr bin Hazm. The Messenger of Allah wrote this; 'A statement from Allah and His Messenger; O you who believe! Fulfill (your) obligations, and he wrote the Verses until he reached. Verily, Allah is Swift in reckoning. Then he wrote: 'this is the book if retaliation: For a soul, one hundred camels, '''' and so on

It was narrated from' Abdullah bin Abi Bakr bin Muhammad bin 'Amr bin Hazm that his rather said

"The letter which the Messenger of Allah wrote to 'Amr bin Hazm concerning blood money: 'For a soul, one hundred camels; for the nose if it is cut off completely, one hundred camels, for a blow to thread that reaches the brain, one third of the Diyah for a soul; for a stab wound that penetrates deeply, likewise; for a hand fifty; for an eye, fifty, for a foot, fifty; for every fingers, Ten camels for a tooth, five; and for a wound that exposes the bone, five.

It was narrated form Anas bin Malik that

a Bedouin came to the door of the prophet and put his eye to the crack. The Prophet saw him and intended to put his eye out with a sword or a stick. When he saw him , he stopped, and the Prophet said to hi: "If you had persisted, I would have put your eye out."

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

"I said to Ibn Abbas . 'Can a person who killed a believer intentionally repent?' He said: 'No.' Irecited the Verse from Al-Furqan to him: And those who invoke not any other ilah (god) along with Allah, nor kill such person a Allah has forbidden, except but right. He said: 'This Verse was revealed in Makkah and was abrogated by a verse that was revealed in Al-Madinah: And whoever kills a believer intentionally, his recompense is Hell

Chapter 29: Should Diyah Be Taken From One Who Kills Deliberately, If The Heir Of The Victim Pardoned Him, And Doesn't Seek Retaliation?

Abu Salamah narrated that the Messenger of Allah said

"If a person's relative is killed." In Mursal form. (Shah)

Chapter 32: The Amount Of The Diyah For Seemingly Intentional Killing And Mentioning The Differences Reported From Ayyub In The Narration Of Al-Qasim bin Rabi'ah About That

It was narrated from Al-Qasim bin Rabi'ah, from 'Abdullah bin 'Amr, the Prophet said

"The accidental killing, which seems intentional, with a whip or stick, (the Diyah) is one hundred camels, of which forty should be (she-camels) which their young in their wombs."

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

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

"Indeed the accidental killing, which seems intentional, with a whip or a stick, (the Diyah) is one hundred camels, of which forty should be (she-camels) with their young in their wombs."

It was narrated from Ya'qub bin Aws that

a man from among the Companions of the Prophet told him, that when the Messenger of Allah came to Makkah, in the Year of the Conquest, he said: "Indeed, accidental killing on purpose, is killing with a whip or stick, for which forty (she-camels) with their young in their wombs."

It was narrated from Al- Qasim bin Rabi'ah that the Messenger jof Allah said

"The accident that resembles on purpose, meaning (killing) with a stick or a whip, (for which the Diyah is) one hundred camels, of which forty should be (pregnant she-camels), with their young in their wombs."

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 38: The Diyah for a Mukatab

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)

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.

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."

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 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."

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

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 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.'''

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.