Bk 16 Pertaining to the Oath, for Establishing the
Responsibility
of Murders, Fighting, Requital and Blood−Wit (Kitab Al−Kitab
Al−Qasama wa'l−Muharaba wa'l−Qisas wa'l−Diyat)
Chapter 1: AL−OASAMAH
Bk 16, Number 4119:
Sahl b. Abu Hathma and Rafi' b. Khadij reported that 'Abdullah
b. Sahl b. Zaid and Muhayyisa b. Mas'ud b. Zaid went out and
as they reached Khaibar they were separated. Then Muhayyisa
found 'Abdullah b. Sahl having been killed. He buried him, and
then came to Allah's Messenger (may peace be upon him). They
were Huwayyisa b. Mas'ud and 'Abd al−Rahman b. Sahl, and he
(the latter one) was the youngest of the people (those three
who had come to seek an interview with the Holy Prophet) began
to talk before his Companions (had spoken). Thereupon Allah's
Messenger (may peace be upon him) said: The eldest one (eldest
in regard to age should speak). So he kept quiet, and his
companions (Muhayyisa and Huwayyisa) began to speak, and he
('Abd al Rahman) spoke along with them and they narrated to
Allah's Messenger (may peace be upon him) the murder of
'Abdullah b. Sahl. Thereupon he said to them: Are you prepared
to take fifty oaths so that you may be entitled (to blood−wit)
of your companion (or your man who has murdered)? They said:
How can we take an oath on a matter which we have not
witnessed? He (the Holy Prophet) said: Then the Jews will
exonerate themselves by fifty oaths. They said: How can we
accept the oaths of people who are unbelievers? When Allah's
Messenger (may peace be upon him) saw that, he himself paid
his blood−wit.
Bk 16, Number 4120:
Sahl. b. Abu Hathma and Rafi' b. Khadij reported that
Muhayyisa b. Mas'ud and 'Abdullah b. Sahl went towards Khaibar
and they separated near the palm−trees. 'Abdullah b. Sahl was
killed. They accused the Jews (for this act). And there came
to Allah's Apostle (may peace be upon him) his brother (the
brother of the slain person) 'Abd al−Rahman and his cousins
Huwayyisa and Muhayyisa; and 'Abd al−Rahman talked to him
about the matter pertaining to (the murder of) his brother,
and he was the youngest among them. Thereupon Allah's
Messenger (may peace be upon him) said: Show regard for the
greatness of the old, or he said: Let the eldest begin
speaking. Then they (Huwayyisa and Muhayyisa) spoke about the
matter of their companion (murder of their cousin, 'Abdullah
b. Sahl). Thereupon Allah's Messenger (may peace be upon him)
said: Let fifty (persons) among you take oath for levelling
the charge (of murder) against a person amongst them, and he
would be surrendered to you. They said: We have not witnessed
this matter ourselves. How can we then take oath? He (the Holy
Prophet) said: The Jews will exonerate themselves by the oaths
of fifty of them. They said: Messenger of Allah, they are
non−believing people. Thereupon Allah's Messenger (may peace
be upon him) paid the blood wit for him. Sahl said: As one day
I entered the fold a she−camel amongst those camels hit me
with its leg.
Bk 16, Number 4121:
Sahl b. Abu Hathma has narrated this hadith through another
chain of transmitters with a slight variation of words, but no
mention has been made of the hitting by the she−camel.
Bk 16, Number 4122:
This hadith has been narrated on the authority of Sahl b. Abu
Hathma through another chain of transmitters.
Bk 16, Number 4123:
Bushair b. Yasar reported that 'Abdullah b. Sahl b. Zaid and
Muhayyisa b. Mas'ud b. Zaid, both of them were Ansar belonging
to the tribe of Banu Haritha, set out to Khaibar during the
lifetime of Allah's Messenger (may peace be upon him). There
was peace during those days and (this place) was inhabited by
the Jews. They parted company for their (respective) needs.
'Abdullab b. Sahl was killed, and his dead body was found in a
tank. His companion (Muhayyisa) buried him and came to Medina,
and the brothers of the slain 'Abd al−Rahman b. Sahl. and
Muhayyisa and Huwayyisa told Allah's Messenger (may peace be
upon him) the case of 'Abdullah and the place where he had
been murdered. Bushair reported on the authority of one who
had seen Allah's Messenger (may peace be upon him) that he had
said to them: You take fifty oaths and you are entitled to
blood−wit of (one) slain among you (or your companion). They
said: Messenger of Allah, we neither saw (with our own eyes
this murder) nor were we present there. Thereupon (Allah's
Messenger is reported to have said): Then the Jews will
exonerate themselves by taking fifty oaths. They said: Allah's
Messenger, how can we accept the oath of unbelieving people?
Bushair said that Allah's Messenger (may peace be upon him)
paid the blood−wit himself.
Bk 16, Number 4124:
Bushair b. Yasar reported that a person from the Ansar
belonging to the tribe of Banu Haritha who was called
'Abdullah b. Sahl b. Zaid set out and the son of his uncle
called Muhayyisa b. Mas'ud b. Zaid, the rest of the hadith is
the same up to the words:" Allah's Messenger (may peace be
upon him) paid the blood−wit himself." Bushair b. Yasar
reported that Sahl b. Abu Hathma said: One camel amongst the
camels paid as blood−wit kicked me while I was in the (camel)
enclosure.
Bk 16, Number 4125:
Bushair b. Yasar al−Ansari reported on the authority of Sahl
b. Abu Hathma al−Ansari that some men (of his tribe went to
Khaibar, and they were separated from one another, and they
found one of them slain. The rest of the hadith is the same.
And it was said in this connection: Allah's Messenger (may
peace be him) did not approve of his blood go waste. He paid
blood−wit of one hundred camels of Sadaqa.
Bk 16, Number 4126:
Abu Laila 'Abdullah b. 'Abd al−Rahman b. Sahl reported that
the elderly persons of (the tribe) had informed Sahl b. Abu
Hathma that 'Abdullah b. Sahl and Muhayyisa went out to
Khaibar under some distress which had afflicted them.
Muhayyisa came and informed that Abdutlah b. Sahl had been
killed, and (his dead body) had been thrown in a well or in a
ditch. He came to the Jews and said: By Allah, it is you who
have killed him. They said: By Allah, we have not killed him.
He then came to his people, and made mention of that to them.
Then came he and his brother Huwayyisa, and he was older than
he, and 'Abd al−Rahman b. Sahl. Then Muhayyisa went to speak,
and it was he who had accompanied ('Abdullah) to Khaibar,
whereupon Allah's Messenger (may peace be upon him) said to
Muhayyisa: Observe greatness of the great (he meant the
seniority of age). Then Huwayyisa spoke and then Muhayyisa
also spoke. Thereupon Allah's Messenger (may peace be upon
him) said: They should either pay blood−wit for your
companion, or be prepared for war. Allah's Messenger (may
peace be upon him) wrote about it to them (to the Jews). They
wrote: Verily, by Allah, we have not killed him. Thereupon
Allah's Messenger (may peace be upon him) said to Huwayyisa
and Muhayyisa and Abd al−Rahman: Are you prepared to take oath
in order to entitle yourselves for the blood−wit of your
companion? They said: No. He (the Holy Prophet) said: Then the
Jews will take oath (of their innocence). They said: They are
not Muslims. Allah's Messenger (may peace be upon him),
however, himself paid the blood−wit to them and sent to them
one hundred camels until they entered into their houses, Sahl
said: One red she−camel among them kicked me.
Bk 16, Number 4127:
Sulaiman b. Yasar, the freed slave of Maimuna, the wife of
Allah's Apostle (may peace be upon him), narrated from one of
the Ansari Companions of Allah's Messenger (may peace be upon
him) that Allah's Messenger (may peace be upon him) retained
(the practice) of Qasama as it was in the pre−Islamic days.
Bk 16, Number 4128:
This hadith has been narrated on the authority of Ibn Shihab
with the same chain of transmitters but with this addition:"
Allah's Messenger (may peace be upon him) decided (according
to Qasama) between the persons of Ansar (and yours) about a
slain (Muslim) for which they made claim against the Jews
Bk 16, Number 4129:
This hadith has been narrated on the authority of Abu Salama
b. 'Abd al−Rahman and Sulaiman b. Yasar.
Chapter 2: PERTAINING TO THE COMBATANTS AND APOSTATES
Bk 16, Number 4130:
Anas b. Malik reported that some people belonging (to the
tribe) of 'Uraina came to Allah's Messenger (may peace be upon
him) at Medina, but they found its climate uncogenial. So
Allah's Messenger (may peace be upon him) said to them: If you
so like, you may go to the camels of Sadaqa and drink their
milk and urine. They did so and were all right. They then fell
upon the shepherds and killed them and turned apostates from
Islam and drove off the camels of the Prophet (may peace be
upon him). This news reached Allah's Apostle (may peace be
upon him) and he sent (people) on their track and they were
(brought) and handed over to him. He (the Holy Prophet) got
their hands cut off, and their feet, and put out their eyes,
and threw them on the stony ground until they died.
Bk 16, Number 4131:
Anas reported: Eight men of the tribe of 'Ukl came to Allah's
Messenger (may peace be upon him) and swore allegiance to him
on Islam, but found the climate of that land uncogenial to
their health and thus they became sick, and they made
complaint of that to Allah's Messenger (may peace be upon
him), and he said: Why don't you go to (the fold) of our
camels along with our shepherd, and make use of their milk and
urine. They said: Yes. They set out and drank their (camels')
milk and urine and regained their health. They killed the
shepherd and drove away the camels. This (news) reached
Allah's Messenger (may peace be upon him) and he sent them on
their track and they were caught and brought to him (the Holy
Prophet). He commanded about them, and (thus) their hands and
feet were cut off and their eyes were gouged and then they
were thrown in the sun, until they died. This hadith has been
narrated on the authority of Ibn al−Sabbah with a slight
variation of words.
Bk 16, Number 4132:
Anas b. Malik reported that some people of the tribe of 'Ukl
or 'Uraina came to Allah's Messenger (may peace be upon him),
and they found the climate of Medina uncogenial. Allah's
Messenger (may peace be upon him) commanded them to the milch
she−camels and commanded them to drink their urine and their
milk. The rest of the hadith is the same (and the concluding
words are):" Their eyes were pierced, and they were thrown on
the stony ground. They were asking for water, but they were
not given water."
Bk 16, Number 4133:
Abu Qilaba reported: I was sitting behind 'Umar b. 'Abd
al−'Aziz and he said to the people: What do you say about
al−Qasama? Thereupon 'Anbasa said: Anas b Malik narrated to us
such and such (hadith pertaining to al−Qasama). I said: This
is what Anas had narrated to me: People came to Allah's
Apostle (may peace be upon him), and the rest of the hadith is
the same. When I (Abu Qilaba) finished (the narration of this
hadith), 'Anbasa said: Hallowed be Allah. I said: Do you blame
me (for telling a lie)? He ('Anbasa) said: No. This is how
Anas b Malik narrated to us. O people of Syria, you would not
be deprived of good, so long as such (a person) or one like
him lives amongst you.
Bk 16, Number 4134:
Anas b. Malik reported: There came to Allah's Messenger (may
peace be upon him) eight persons from the tribe of 'Ukl, but
with this addition that he did not cauterise (the wounds which
hid been inflicted upon them while punishing them).
Bk 16, Number 4135:
Anas reported: There came to Allah's Messenger (may peace be
upon him) some ponple from 'Uraina. They embraced Islam and
swore allegiance to him and there had spread at that time
pleurisy. The rest of the hadith is the same (but with this
addition):" There were by his (the Prophet's) side about
twenty young men of the Ansar; he sent them (behind) them
(culprits), and he also sent along with them one expert in
following the track so that he might trace their footprints."
Bk 16, Number 4136:
This hadith has been narrated on the authority of Anas b.
Malik through another chain of transmitters.
Bk 16, Number 4137:
Anas reported that Allah's Messenger (may peace be upon him)
pierced their eyes because they had pierced the eyes of the
shepherds.
Chapter 3: THE JUSTIFICATION OF QISAS (RETRIBUTION) WHEN ONE
IS KILLED WITH STONE OR ANY OTHER HEAVY THING AND KILLING OF A
MALE FOR THE MURDER OF A FEMALE
Bk 16, Number 4138:
Anas b. Malik reported that a Jew killed a girl with a stone
for her silver ornaments. She was brought to Allah's Messenger
(may peace be upon him) when there was yet some life in her.
He (the Holy Prophet) said to her: Has so and so killed you?
She indicated with the nod of her head: No. He said for the
second time, and she again said: No with the nod of her head.
He asked for the third time, and she said: Yes with the nod of
her head and Allah's Messenger (may peace be upon him)
commanded to crush his head between two stones.
Bk 16, Number 4139:
This hadith has been narrated on the authority of Shu'ba with
the same chain of transmitters and in the hadith narrated on
the authority of Ibn Idris (the words are):" He (commanded) to
crush his head between two stones."
Bk 16, Number 4140:
Anas reported that a Jew killed a girl of the Ansar for her
ornaments and then threw her in a well and smashed her head
with a stone. He was caught and brought to the Messenger of
Allah (may peace be upon him), and he commanded that he should
be stoned to death. So he was stoned until he died.
Bk 16, Number 4141:
This hadith has been narrated on the authority of Ayyub with
the same chain of transmitters.
Bk 16, Number 4142:
Anas b. Malik reported: A girl was found with her head crushed
between two stones. They asked her as to who had done that−has
so and so (done it) until they mentioned a Jew. She indicated
with the nod of her head (that it was so). So the Jew was
caught, and he made confession (of his guilt). And Allah's
Messenger (may peace be upon him) commanded that his head be
smashed with stones.
Chapter 4: WHEN ANYONE ATTACKS THE LIFE OF A PERSON, OR HIS
LIMB, AND THE VICTIM WARDS OFF THE ATTACK AND IN SELFDEFENCE
EITHER THE LIFE OF THE ASSAILANT IS LOST OR HIS LIMB BROKEN,
THERE WOULD BE NO PENALTY ON THE VICTIM
Bk 16, Number 4143:
Imran b. Husain reported: Ya'la b. Munya or Ibn Umayya fought
with a person, and the one bit the hand of the other. And he
tried to draw his hand from his mouth and thus his foreteeth
ware pulled out. They referred their dispute to Allah's
Apostle (may peace be upon him), whereupon he said: Does any
one of you bite as the camel bites? So there is no blood−wit
for it.
Bk 16, Number 4144:
This hadith has been transmitted on the authority of Ya'la.
Bk 16, Number 4145:
'Imran b. Husain reported that a person bit the arm of another
person; he pulled it out and his foretooth fell down. This
matter was taken to Allah's Apostle (may peace be upon him),
and he turned it down saying: Did you want to eat his flesh?
Bk 16, Number 4146:
Safwan b. Ya'la reported that a person bit the arm of the
servant of Ya'la b. Munya. He pulled it and his foretooth
fell. The matter was referred to Allah's Apostle (may peace be
upon him) and he turned it down and said: Did you intend to
bite his hand, as the camel bites?
Bk 16, Number 4147:
'Imran b. Husain reported that a person bit the hand of a
person. He withdrew his hand and his foretooth or foreteeth
fell down. He (the man who lost his teeth) referred the matter
to Allah's Messenger (may peace be upon him) and he said, What
do you want me to do? Do you ask me that I should order him to
put his hand in your month, and you should bite it as the
camel bites? (If you want retaliation, then the only way out
is) that you put your hand in his mouth (allow him) to bite
that and then draw it away.
Bk 16, Number 4148:
Safwan b. Ya'la b. Munya reported on the authority of his
father that there came to Allah's Apostle (may peace be upon
him) a person who had bitten the hand of another person and
who had withdrawn his hand (and as a result thereof) his
foreteeth had fallen (those which had bitten). The Apostle of
Allah (may peace be upon him) turned down his (claim), and
said: Do you wish to bite as the camel bites?
Bk 16, Number 4149:
Safwan b. Ya'la b. Umayya thus reported from his father: I
participated in the expedition to Tabuk with Allah's Apostle
(may peace be upon him). And Ya'la used to say: That was the
most weighty of my deeds, in my opinion. Safwan said that
Ya'la had stated: I had a servant; he quarrelled with another
person, and the one bit the hand of the other. ('Ata' said
that Safwan had told him which one had bitten the hand of the
other.) So he whose hand was bitten drew ill from (the mouth)
of the one who had bitten it and (in this scuffle) one of his
foreteeth was also drawn out. They both came to Allah's
Apostle (may peace be upon him) and he declared his (claim for
the compensation of) tooth as invalid.
Bk 16, Number 4150:
This hadith has been narrated on the authority of Juraij with
the same chain of transmitters.
Chapter 5: THE VERACITY OF RFTRIBUTION IN CASE OF TOOTH
Bk 16, Number 4151:
Anas reported that Umm Haritha, the sister of Rubayyi' (she
was the father's sister of Hadrat Anas) injured a person (she
broke his teeth). The dispute was referred to Allah's Apostle
(may peace be upon him). Allah's Messenger (may peace be upon
him) said: Retribution, retribution. Umm Rubayyi' said:
Messenger of Allah, will retribution be taken from so and so?
By Allah, it shall not be taken from her (i. e. from Umm
Haritha). Thereupon Allah's Apostle said: Hallowed be Allah. O
Umm Rubayyi', Qisas (retribution is a command, prescribed) in
the Book of Allah. She said: No, by Allah, Qisas will never be
taken from her; and she went on saying this until they (the
relatives of the one who had been injured) accepted the
blood−wit. Thereupon Allah's Messenger (may peace be upon him)
said: Verily there are amongst the servants of Allah (such
pious persons) who, if they take oath of Allah, He honours it.
Chapter 6: WHEN IT IS PERMISSIBLE TO TAKE THE LIFE OF A MUSLIM
Bk 16, Number 4152:
'Abdullah (b. Mas'ud) reported Allah's Messenger (may peace be
upon him) as saying: It is not permissible to take the life of
a Muslim who bears testimony (to the fact that there is no god
but Allah, and I am the Messenger of Allah, but in one of the
three cases: the married adulterer, a life for life, and the
deserter of his Din (Islam), abandoning the community.
Bk 16, Number 4153:
This hadith has been narrated on the authority of A'mash.
Bk 16, Number 4154:
'Abdullah (b. Mas'ud) reported: Allah's Messenger (may peace
be upon him) stood up and said: By Him besides Whom there is
no god but He, the blood of a Muslim who bears the testimony
that there is no god but Allah, and I am His Messenger, may be
lawfully shed only in case of three persons: the one who
abandons Islam, and deserts the community [Ahmad, one of the
narrators, is doubtful whether the Holy Prophet (may peace be
upon him) used the word li'l−jama'ah or al−jama'ah), and the
married adulterer, and life for life.
Bk 16, Number 4155:
This hadith has been reported on the authority of A'mash with
the same chain of narrators but with a slight variation of
words, i. e. he did not say: By Him besides Whom there is no
god.
Chapter 7: HE WHO SHEDS THE BLOOD FIRST OF ALL BEARS THE
BURDEN OF ALL SUBSEQUENT MURDERS
Bk 16, Number 4156:
'Abdullah (b. Mas'ud) reported: Allah's Apostle (may peace be
upon him) having said: No person who is killed unjustly, but
the share of (this offence of his also) falls upon the first
son of Adam, for he was the first to introduce killing.
Bk 16, Number 4157:
This hadith has been narrated on the authority of Jarir and
'Isa b. Yunus with a slight variation of words.
Chapter 8: THE (CASES OF) BLOODSHED WOULD BE DECIDED FIRST OF
ALL ON THE DAY OF JUDGMENT
Bk 16, Number 4158:
'Abdullah b. (Mas'ud) reported Allah's Messenger (may peace be
upon him) as saying: The first (thing) that will be decided
among people on the Day of Judgment will pertain to bloodshed.
Bk 16, Number 4159:
This hadith has been narrated on the authority of 'Abdullah
through another chain of transmitters with a slight variation
of words.
Bk 16, Number 4160:
Abu Bakra reported that (in the Farewell Address) Allah's
Apostle (may peace be upon him) said: Time has completed a
cycle and come to the state of the day when Allah created the
heavens and the earth. The year is constituted of twelve
months, of which four are sacred; three of them consecutive,
viz. Dhu'l−Qa'da, Dhu'l− Hijja and Muharram, and also Rajab
the month of Mudar which comes between Jumada and Sha'ban. He
(the Holy Prophet) then said: which month is this? We said
Allah and His Messenger know best. He (the narrator) said: He
(the Holy Prophet) remained silent for some time until we
thought that he would give it a name other than that (by which
it was known). He said: Is it not Dha'l−Hijja? We said: Yes.
He (the Holy Prophet) said: Which city is this? We said: Allah
and His Messenger know best. He (the Holy Prophety remained
silent until we thought that he would give it another name. He
(the Holy Prophet) said: Is it not the Balda (the city of
Mecca)? We said: Yes. He said: What day is this? We said:
Allah and His Messenger know best. He (the Holy Prophet)
remained silent until we thought that he would give it another
name. He said: Is it not the Day of Sacrifice? We said:
Allah's Messenger. yes. Thereupon he said: Your blood, your
property (Muhammad, one of the narrators, said: I think, he
also said this) and your honour are sacred to you like the
sacredness of this day of yours, in this city of yours, and in
this month of yours. You will soon meet your Lord and He will
ask you about your deeds. So do not turn after me unbelievers
(or misguided), some of you striking the necks of the others.
Behold I let him who is present convey to him who is absent,
for many a one whom a message is conveyed has a more retentive
memory than one who hears. He again said: Behold! have I not
delivered (the message) to you? This hadith has been narrated
through another chain of transmitters, but with a slight
variation of words.
Bk 16, Number 4161:
Abu Bakra reported that when it was that day (the 10th of
Dhu'l−Hijja) he mounted his camel and a person caught its
nosestring, whereupon he said: Do you know which day is this?
They said: Allah and His Messenger know best. (The Holy
Prophet [may peace be upon him] kept silent) until we thought
that he would give that another name. He said: Is it not the
day of Nahr (Sacrifice) (10th of Dhu'l− Hijja)? We said:
Allah's Messenger, yes. He (again) said: Which month is it? We
said: Allah and His Messenger knows best. He said: Is it not
Dhu'l−Hijja? We said: Allah's Messenger, yes. He said: Which
city is this? We said: Allah and His Messenger know best. He
(the narrator) said (that the Holy Prophet kept silent until
we thought that he would give it another name besides its
(original) name. He said: Is it not Balda (the city of Mecca)?
We said: Yes, Allah's Messenger. He (then) said: Verily your
blood (lives) and your property and your honour are as sacred
unto you as sacred is this day of yours, in this month of
yours, in this city of yours. Let him who is present convey it
to one who is absent. He then turned his attention towards two
multicoloured (black and white) rams and slaughtered them, and
two goats, and distributed them amongst us.
Bk 16, Number 4162:
Abu Bakra reported that when it was the day of (Dhu'l−Hijja)
Allah's Apostle (may peace be upon him) mounted the camel and
addressed and a person had been holding its nosestring. The
rest of the hadith is the same.
Bk 16, Number 4163:
This hadith has been narrated on the authority of Abu Bakra
through another chain of transmitters (and the words are):"
Allah's Messenger (may peace be upon him) addressed us on the
day of Nahr (Sacrifice) and said: What day is this? And the
rest of the hadith is the same except that he did not make
mention of" your honour," and also did not make mention of
this: He then turned his attention towards two rams and what
follows, and in a hadith (the words pertaining to sacred− ness
are recorded in this way):" Like the sacredness of this day of
yours, in this month of yours, in this city of yours to the
day when you will meet your Lord. Behold, have I not conveyed
(the Message of God)? They said: Yes. He said: O Allah, bear
witness."
Chapter 9: THE CONFESSION OF MURDER IS HELD VALID AND THE
PERSON WHOSE MAN IS KILLED IS ENTITLED TO GET RETRIBUTION. THE
OFFENDER HAS A RIGHT TO BEG FOR REMISSION
Bk 16, Number 4164:
'Alqama b. Wa'il reported on the authority of his−father:
While I was sitting in the company of Allah's Apostle (may
peace be upon him), a person came there dragging another one
with the help of a strap and said: Allah's Messenger, this man
has killed my brother. Allah's Messenger (may peace be upon
him) said to him: Did you kill him? And the other man said:
(In case he did not make a confession of this, I shall brine,
a witness against him). He (the murderer) said: Yes, I have
killed him. He (the Holy Prophet) said: Why did you kill him?
He said: I and he won striking down the leaves of a tree and
he abused me and enraged me, and to I struck his head with an
axe and killed him, whereupon Allah's Messenger (may peace be
upon him) said: Have you anything with you to pay blood−wit on
your behalf? He said: I do not possess any property but this
robe of mine and this axe of mine. He (the Holy, Prophet)
said: Do you think your people will pay ransom for you? He
said: I am more insignificant among my people than this (that
I would not be able to get this benefit from my tribe). He
(the Holy Prophet) threw the strap towards him (the claimant
of the blood−wit) saying: Take away your man. The man took him
away, and as he returned, Allah's Messenger (may peace be upon
him) said: If he kills him, he will be like him. He returned
and said: Allah's Messenger, it has reached me that you have
said that" If he killed him, he would be like him." I caught
hold of him according to your command, whereupon Allah's
Messenger (may peace be upon him) said: Don't you like that he
should take upon him (the burden) of your sin and the sin of
your companion (your brother)? He said: Allah's Apostle, why
not? The Messenger of Allah (may peace be. upon him) said: If
it is so, then let it be. He threw away the strap (around the
offender) and set him free.
Bk 16, Number 4165:
'Alaqama b. Wa'il reported on the authority of his father that
a person was brought to the Messenger of Allah (may peace be
upon him) who had killed another person, and the heir of the
person slain had dragged him (to the Holy Prophet) with a
strap around his neck. As he turned away Allah's Messenger
(may peace be upon him) said: The killer and the killed are
(doomed) to fire. A person came to the other person (the heir
of the deceased) and he reported to him the words of the
Messenger of Allah (may peace be upon him), and so he let him
off. Isma'il b. Salim said: I made a mention of it to Habib b.
Abu Thabit and he said: Ibn Ashwa' reported to me that Allah's
Apostle (may peace be upon him) had asked him to pardon him,
but he refused.
Chapter 10: BLOOD−WIT OF THE CHILD IN THE WOMB, AND THE
ESSENTIALITY OF BLOOD−WIT IN CASE OF UNINTENTIONAL MURDER AND
IN CASE OF THE QUASI−INTENTIONAL MURDER
Bk 16, Number 4166:
Abu Huraira reported that among two women of the tribe of
Hudhail one flung a stone upon the other causing an abortion
to her Allah's Apostle (may peace he upon him) gave judgment
that a male or a female slave of best quality be given as
compensation.
Bk 16, Number 4167:
Abu Huraira reported that Allah's Messenger (may peace be upon
him) gave judgment in case of the abortion of a woman of Banu
Lihyan (that the offender and near relative should give
compensation in the form of) good quality of a slave or a
slave−girl. And the woman about whom the judgment was given
for compensation died and thereupon Allah's Messenger (may
peace be upon him) gave judgment that her inheritance goes to
her sons and her husband, and the payment of the blood−wit
lies with the family of (one who struck her).
Bk 16, Number 4168:
Abu Huraira reported that two women of the tribe of Hudhail
fought with each other and one of them flung a stone at the
other, killing her and what was in her womb. The case was
brought to Allah's Messenger (may peace be upon him) and he
gave judgment that the diyat (indemnity) of her unborn child
is a male or a female slave of the best quality, and he also
decided that the diyat of the woman is to be paid by her
relative on the father's side, and he (the Holy Prophet) made
her sons and those who were with them her heirs. Hamal b.
al−Nabigha al−Hudhali said: Messenger of Allah, why should I
play blood−wit for one who neither drank, nor ate, nor spoke,
nor made any noise; it is like a nonentity (it is, therefore,
not justifiable to demand blood−wit for it). Thereupon Allah's
Messenger (may peace be upon him) said: He seems to be one of
the brothers of soothsavers on account of the rhymed speech
which he has composed.
Bk 16, Number 4169:
Abu Huraira reported that two women fought−the rest of the
hadith is the same but herein no mention has been made of: He
made her son and those who were with them her heirs. Someone
said: Why should we pay blood−wit? And he did not name Hamal
b. Malik.
Bk 16, Number 4170:
Al−Mughira b. Shu'ba reported that a woman struck her co−wife
with a tent−pole and she was pregnant and she killed her. One
of them belonged to the tribe of Lihyan. Allah's Messenger
(may peace be upon him) made the relatives of the murderer
responsible for the payment of blood−wit on her behalf, and
fixed a slave or a female slave as the indemnity for what was
in her womb. One of the persons amongst the relatives of the
murderer said: Should we pay indemnity for one who, neither
ate, nor drank, nor made any noise, who was just like a
nonentity? Thereupon Allah's Messenger (may peace be upon him)
remarked: He speaks rhymed phrases like the people of the
desert. He did impose indemnity upon them.
Bk 16, Number 4171:
Al−Mughira b. Shu'ba reported: A woman killed her fellow−wife
with a tent−pole. Her case was brought to Allah's Messenger
(may peace be upon him), and he gave judgment that blood−wit
should be paid by the relatives (of the offender) on the
father's side. And as she was pregnant, he decided regarding
her unborn child that a male or a female slave of good quality
be given. Some of her offender's) relatives said: Should we
make compensation for one who never ate, nor drank, nor made
any noise, who was like a nonentity? Thereupon Allah's
Messenger (may peace be upon him) said: He was talking rhymed
phrases like the rhymed phrases of desert Arabs.
Bk 16, Number 4172:
This hadith has been narrated on the authority of Mansur with
the same chain of transmitters.
Bk 16, Number 4173:
Mansur transmitted this hadith with a slight variation of
words.
Bk 16, Number 4174:
Miswar b. Makhrama reported that 'Umar b. Khattab consulted
people about the diyat of abortion of an unboam child. Mughira
b. Shu'ba said: I bear witness to the fact that Allah's
Messenger (may peace be upon him) gave judgment about it that
a good quality of slave or female slave should be given for
it. Thereupon 'Umar said: Bring one who may bear witness to
you. Then Muhammad b. Maslama bore witness to him.
