91. Book of Blood Money
The words of the Almighty, "As for anyone who kills a believer deliberately, his repayment is Hell." (4:93)
6468. 'Amr ibn Shurahbil related that 'Abdullah said, "A man said, 'Messenger of Allah, which sin is the most terrible in the sight of Allah?' He answered, 'That you claim that Allah has an equal when He created you.' He asked, 'Then what?' He said, 'That you kill you child out of the fear that he will eat with you?' 'Then what?' he asked. He said, 'Then that you commit adultery with your neighbour's wife.' Then Allah revealed its confirmation: 'Those who do not call on any other god together with Allah and do not kill anyone Allah has forbidden, except with the right to do so, and do not fornicate; anyone who does that will receive an evil punishment.' (25:68)"
6469. It is related that Ibn 'Umar said that the Messenger of Allah, may Allah bless him and grant him peace, said, "The believer has ample scope in this deen as long as he does not spill forbidden blood."
6470. It is related that 'Abdullah ibn 'Umar said, "Among the matters from which one rarely escapes which there is no escape for someone who falls into it is the shedding of forbidden blood without something rendering it lawful."
6471. Abu Wa'il related from 'Abdullah that the Prophet, may Allah bless him and grant him peace, said, "The first of what will be decided between people [on the Dary of Rising] is blood."
6472. 'Ubaydullah ibn 'Ubayd related that al-Miqdad ibn 'Amr al-Kindi, the ally of the Banu Zahra who was present at Badr with the Prophet, may Allah bless him and grant him peace, said, "Messenger of Allah, if I meet an unbeliever and we fight and he strikes my hand with the sword and cuts it off, and then takes refuge in a tree and says, 'I have submitted to Allah,' can I kill him after he had said it?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Do not kill him.' He said, 'Messenger of Allah, if he chops off one of my hands and then says that after he has cut it off, can I kill him?' He said, 'Do not kill him. If you kill him, then he will be in your position before you killed and you would be in his position before he said the testimony which he said.'"
Sa'id related that Ibn 'Abbas said, "The Prophet, may Allah bless him and grant him peace, said to al-Miqdad, 'If a believing man conceals his faith with some unbelieving people and then shows his faith and you kill him, [you would be sinful].' That is how you used to conceal your faith in Makka before.'"
I. The words of Allah, "And if anyone gives life to another person" (5:32)
Ibn 'Abbas said, "Whoever forbids killing a soul except by a right, 'it is as if he had given life to all mankind.'"
6473. Masruq related from 'Abdullah that the Prophet, may Allah bless him and grant him peace, said, "A soul is not killed except that the first son of Adam bears the responsibility for it."
6474. 'Abdullah ibn 'Umar was heard to say that the Prophet, may Allah bless him and grant him peace, said, "Do not revert to being unbelievers after me, striking the necks of one another."
6475. Abu Zur'a ibn 'Amr ibn Jarir related that Jarir said, "The Prophet, may Allah bless him and grant him peace, said to me in the Farewell Hajj, 'Let the people listen to me: Do not revert to being unbelievers after me, striking the necks of one another.'"
Abu Bakr and Ibn 'Abbas related it from the Prophet, may Allah bless him and grant him peace.
6476. 10621. Ash-Sha'bi related from 'Abdullah ibn 'Amr that the Prophet, may Allah bless him and grant him peace, said, "The major wrong actions are associating others with Allah, disobeying parents," or he said, "the false oath." Shu'ba was uncertain about which it was.
Shu'ba said, "The major wrong actions are associating others with Allah, false oaths, disobeying parents," or he said 'homicide."
6477. 'Ubaydullah ibn Abi Bakr said that he heard Anas say that the Prophet, may Allah bless him and grant him peace, said, "The major wrong actions are..."
Ibn Abi Bakr related from Anas ibn Malik that the Prophet, may Allah bless him and grant him peace, said, "The greatest of the major wrong actions are associating others with Allah, homicide, disobeying parents, and false testimony," or he said, "False testimony."
6478. Abu Zabyan related that he heard Usama ibn Zayd ibn Haritha relate, "The Messenger of Allah, may Allah bless him and grant him peace, sent us against al-Huraqa, a branch of Juhayna. We arrived in the morning and defeated then, A man of the Ansar and I chased one of them men. When we reached him, he said, 'There is no god but Allah.' The Ansari refrained from him but I stabbed him with my spear until I killed him. When we returned, the Prophet, may Allah bless him and grant him peace, heard about that and he said to me, 'Usama, did you kill him after he said, "There is no god but Allah?"' I said, 'Messenger of Allah, he was only trying to save himself. He said, 'Did you kill him after he said, "There is no god but Allah?"' He continued to repeat it to me until I wished that I had not become Muslim before that day.'"
6479. As-Sunabihi related that 'Ubada ibn as-Samit said, "I was one of the chiefs who gave allegiance to the Messenger of Allah, may Allah bless him and grant him peace. We gave allegiance to him on the basis that we would not associate anything with Allah, we would not steal nor fornicate, we would not kill the life which Allah had made sacred, we would not loot or disobey. We would have the Garden if we did that. If we committed any of that, then judgement was up to Allah."
6480. Nafi' related from 'Abdullah ibn 'Umar that the Prophet, may Allah bless him and grant him peace, said, "Whoever bears arms against us is not part of us."
6481. Al-Hasan related that al-Ahnaf ibn Qays said, "I went to help this man ['Ali] and I went Abu Bakra. He asked, 'Where are you going? I said, 'To help this man.' He said, 'Go back. I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'When two Muslims meet with their swords, the killer and the killed are in the Fire.' I said, 'Messenger of Allah, this is the killer, but what about the one he killed?' He answered, 'He was eager to kill his companion.'"
II. The words of Allah Almighty:
"You who believe! retaliation is prescribed for you in the case of people killed: free man for free man, slave for slave, female for female. But if someone is absolved by his brother, blood-money should be claimed with correctness and paid with good will. That is an easement and a mercy from your Lord. Anyone who goes beyond the limits after this will receive a painful punishment." (2:178)
III. Questioning the killer until he confesses. Confession in the hudud penalties
6482. Qatada related from Anas ibn Malik that a Jew crushed the head of girl between two stones. She was asked, "Who did this to you? Was it so-and-so or so-and-so?" until the Jew was named. He was brought to the Prophet, may Allah bless him and grant him peace, who continued to question him until he confessed. Then his head was crushed with stones."
IV. When someone kills with a stone or staff
6483. Hisham ibn Zayd ibn Anas related that his grandfather, Anas ibn Malik, said. "A girl went out in Madina wearing some silver jewellery. A Jew hit her with a stone. She was brought to the Prophet, may Allah bless him and grant him peace, while she was still alive. The Messenger of Allah, may Allah bless him and grant him peace, said to her, 'Did so-and-so kill you?' She raised her head [to indicate no] and he repeated to her, 'Did so-and-so kill you?' She raised her head and then on the third time, he said, 'Did so-and-so kill you?' She lowered her head [to indicate yes] and the Messenger of Allah, may Allah bless him and grant him peace, summoned him and killed him between two stones."
V. The words of Allah Almighty:
"We prescribed for them in it: a life for a life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth, and retaliation for wounds. But if anyone forgoes that as a sadaqa, it will act as expiation for him. Those who do not judge by what Allah has sent down, such people are wrongdoers." (5:45)
6484. Maruq related from 'Abdullah that the Messenger of Allah, may Allah bless him and grant him peace, said, "The blood of a Muslim man who testifies that there is no god but Allah and I am the Messenger of Allah is not lawful except in three cases: life for life, someone who has been married who then commits fornication, and the one who leaves his deen and leaves the Community."
VI. The one who carried out retaliation with stones
6485. Hisham ibn Zayd related from Anas that a Jew killed a girl for ome silver jewellery of hers and he killed her with stones. She was brought to the Prophet* while she was still alive and he asked, "Did so-and-so kill you?" and she indicated 'no' with her head. He asked her a second time and she indicated 'no' with her head. Then he asked her a third time and she indicated 'yes' with her head. The Prophet, may Allah bless him and grant him peace, killed him with two stones.
VII. The person who has someone (a relative) killed, can choose between two options
6486. Abu Salama related from Abu Hurayra that Khuza'a killed a man.
Abu Salama related from Abu Hurayra that in the year of the Conquest of Makka, Khuza'a killed a man of Banu Layth for a man of theirs who had been killed in the Jahiliyya. The Messenger of Allah, may Allah bless him and grant him peace, stood up and said, "Allah held back the Elephant from Makka but gave His Messenger and the believers power over them. It was not lawful for anyone and it will not be lawful for anyone after me. It was only lawful for me for one hour of a day. It is sacred at this very hour. Its thorn bushes are not to be uprooted nor its trees cut down. Something dropped in it should not be picked up except by someone who announces it. Someone who has a relative of his killed can choose between two courses: either he is given the blood money or he takes retaliation." A man of the people of Yemen called Abu Shah stood up and said, "Write it for me, Messenger of Allah!" The Messenger of Allah, may Allah bless him and grant him peace, said, "Write it for Abu Shah." Then a man of Quraysh stood up and said, "Messenger of Allah, except for the idhkhir herb. We put it in our houses and graves." The Messenger of Allah, may Allah bless him and grant him peace,said, "Except for the idhkhir herb."
'Ubaydullah corroborated the statement about the Elephant from Shayban.
One of them said "killed" is related from Abu Nu'aym.
'Ubaydullah said, "The family of the person who is killed can take retaliation."
6487. Mujahid related that Ibn 'Abbas said, "There was retaliation in the tribe of Israel and there was no blood money among them. Allah said to this community, 'You who believe! retaliation is prescribed for you in the case of people killed' up to 'But if anyone forgoes that as a sadaqa.' (2:178)" Ibn 'Abbas said, "Pardon is to accept blood money in the case of deliberate killing. He said, "'Claimed with correctness' is to seek what is reasonable and to pay by way of charity."
VIII. Someone who seeks the blood of a person without right
6488. Nafi' ibn Jubayr related from Ibn 'Abbas that the Prophet, may Allah bless him and grant him peace, said, "There are three people whom Allah most hates: a wrongoder who turns from the truth and justice in the Haram, someone who follows in preference the sunna of the Jahiliyya in Islam, and someone who seeks to shed the blood a person without any right."
IX. Pardoning error which results in death
6489. 'Urwa related from 'A'isha that the idolaters were defeated in the Battle of Uhud. He related that 'A'isha said, "Iblis shouted among the people in the Battle of Uhud, 'Servants of Allah! Watch your backs!' So the front attacked the rear until they killed al-Yaman. Hudhayfa said, 'My father! My father!' but they killed him. Hudhayfa said, 'May Allah forgive you.' Some of the people were routed so that they fled as far as Ta'if."
X. The words of the Almighty:
"A believer should never kill another believer unless it is by mistake. Anyone who kills a believer by mistake should free a believing slave and pay blood-money to his family unless they forgo it as sadaqa. If he is from a people who are your enemies and is a believer, you should free a believing slave. If he is from a people you have a treaty with, blood money should be paid to his family and you should free a believing slave. Anyone who cannot find the means should fast two consecutive months. This is a concession from Allah. Allah is All-Knowing, All-Wise." (4:92)
XI. When someone confesses once to killing, he is killed for it
6490. Qatada related from Anas ibn Malik that a Jew crushed the head of a girl with two stones and she was asked, "Who did this to you? Was it so-and-so? Or was it so-and-so?" until they named the Jew. She indicated with her head [that it was him] and the Jew was brought and confessed. The Prophet, may Allah bless him and grant him peace, commanded it that his head be crushed with a stone." Hammam said that it was with two stones.
XII. A man being killed for a woman
6491. Qatada related from Anas ibn Malik that the Prophet, may Allah bless him and grant him peace, killed a Jew for a girl whom he murdered for some silver jewellery of hers.
XIII. Retaliation between men and women in wounds
The people of knowledge said that a man is killed for a woman.
It is related from 'Umar that a woman takes retaliation from a man in everything intentional which results in loss of life or injuries less than that.
'Umar ibn 'Abdu'l-'Aziz, Ibrahim, and Abu'z-Zinad from his companions said that. The sister of ar-Rubayyi' wounded someone and the Prophet, may Allah bless him and grant him peace, said, "There is retaliation."
6492. 'Ubaydullah ibn 'Abdullah related that 'A'isha said, "We poured medicine into the mouth of the Prophet, may Allah bless him and grant him peace, during his illness and he said, 'Do not pour medicine into my mouth.' We said, 'It is just the dislike of someone ill for the remedy.' When he regained consciousness he said, 'There is none of you who will not have medicine poured into his mouth except al-'Abbas. He was not present when you did it."
XIV. The one who took his right or retaliated without the ruler
6493. Al-A'raj related that he heard Abu Hurayra say that he heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'We are the last but will be the foremost on the Day of Rising."
One isnad has, "If anyone peers into your house without you giving him permission and you throw a pebble at him and it takes out his eye, there is no blame on you."
6494. Yahya related from Humayd that a man peered into the house of the Prophet, may Allah bless him and grant him peace, and he pointed an arrowhead at him. I asked, "Who related it to you?" "Anas ibn Malik," he replied.
XV. When someone dies or is killed in a crowd
6495. 'Urwa related that 'A'isha said, "On the Day of Uhud, the idolaters were defeated and Iblis shouted, 'Slaves of Allah! Behind you!' So the front turned and attacked the rear. Hudhayfa looked and saw his father, al-Yaman and said, 'Slaves of Allah! My father! My father!'" She said, "By Allah, they did not stop until they killed him. Hudhayfa said, 'May Allah forgive you.'"
'Urwa said, "Hudhayfa continued to do that until he met Allah."
XVI. When someone kills himself by mistake, there is no blood money on account of it
6496. Yazid ibn Abi 'Ubayd related that Salama said, "We went out with the Prophet, may Allah bless him and grant him peace, to Khaybar and one of the men said, 'Let us hear some of your driving songs, 'Amir!' So he chanted some of them. The Prophet, may Allah bless him and grant him peace, asked, 'Who is the driver?' They answered, ''Amir.' He said, 'May Allah have mercy on him!' They said, 'Messenger of Allah, would that you let us enjoy him longer!' He was killed the following morning and the people said, 'His actions are lost! He killed himself!' I returned while they were talking and saying that 'Amir's actions were lost.* I went to the Prophet, may Allah bless him and grant him peace, and said, 'Messenger of Allah, may my mother and father be your ransom! They claim that 'Amir's actions are lost!' He said, 'Whoever said that has lied. He will have two rewards. He strove and exerted himself. What manner of killing could be more than that?'"
[*When he went to strike someone with a sword, missed, and struck himself instead.]
XVII. When someone bites a man and his tooth fall sout
6497. Zurara ibn Afwa related from 'Imran ibn Husayn that a man bit another man's hand and he pulled out his hand from his mouth and two of his teeth fell out. They took the dispute to the Prophet, may Allah bless him and grant him peace, and he said, "Does one of you bite his brother like a stallion bites? You are owed no blood money."
6498. Safwan ibn Ya'la related that his father said, "I went out in an expedition and a man bit (someone) and his tooth was pulled out. The Prophet, may Allah bless him and grant him peace, nullified the case."
XVIII. "A tooth for a tooth" (5:45)
6499. Humayd related from Anas that the daughter of an-Nadr slapped a girl and broke her tooth. They went to the Prophet, may Allah bless him and grant him peace, and he commanded retaliation.
XIX. The blood money for fingers
6500. 'Ikrima related from Ibn 'Abbas that the Prophet, may Allah bless him and grant him peace, said, "This for this are the same," meaning the little finger and thumb."
'Ikrima related that Ibn 'Abbas said, "I heard the Prophet, may Allah bless him and grant him peace, say..."
XX. If some people injure a man, are all of them punished or do they all have to pay blood money?
Mutarrif related from ash-Sha'bi that two men testified that a man had stolen and so 'Ali cut off his hand. Then they brought another man and said, "We erred." He nullified their testimony and took the blood money for the first man from them. He said, "If I had known that you did it deliberately, I would have cut off your hands."
Nafi' related from Ibn 'Umar that a lad was murdered, and 'Umar said, "If all the people of San'a' had taken part in it, I would have killed them all."
Mughira ibn al-Hakim related from his father that four people killed a boy and 'Umar said the like of that.
Abu Bakr, Ibn az-Zubayr, 'Ali, and Suwayd ibn Muqarrin granted retaliation for slapping.
'Umar took retaliation for a blow with a whip. 'Ali took retaliation for three blows with a whip.
Shurayh took retaliation for a lash and scratching.
6501. 'Ubaydullah ibn 'Abdullah related that 'A'isha said, "We poured medicine into the side of the mouth of the Messenger of Allah, may Allah bless him and grant him peace, when he was ill and he began to point to us to indicate, 'Do not pour medicine into my mouth.' We said, 'It is only the dislike of the ill person for the medicine.' When he came round, he said, 'Did I not forbid you to pour medicine into the side of my mouth?' We said, 'It was only the dislike of the ill person for the medicine.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'There is none of you but that he will have medicine poured into his mouth while I am watching, except for al-'Abbas. He was not present with you."
XXI. The Qasama oath
Al-Ash'ath ibn Qays said that the Prophet, may Allah bless him and grant him peace, said, "You bring two witnesses or he swears an oath."
Ibn Abi Mulayka said, "Mu'awiya did not carry out the retaliation by it."
'Umar ibn 'Abdu'l-'Aziz wrote to 'Adi ibn Atra, whom he had appointed as governor of Basra, about a man who was found murdered near one of the houses of the oil merchants:"The relatives of the murdered man should provide evidence. Otherwise do not wrong people. This case may not be decided until the Day of Rising."
6502. Bushayr ibn Yasar stated that a man of the Ansar called Sahl ibn Abi Hathma told him that a group of his people went to Khaybar and then separated. They found that one of them had been murdered. They said to the people where he was found, 'You have murdered our companion!' They replied, 'We have not killed him nor do we know who killed him.' They went to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah, we went to Khaybar and found one of us murdered.' He said, 'Let the older speak. Let the older speak.' Then he told them, 'Bring evidence against the one who killed him.' They said, 'We have no evidence.' He said, 'Then they will swear oaths.' They said, 'We are not satisfied with the oaths of the Jews.' The Messenger of Allah, may Allah bless him and grant him peace, disliked to cancel his blood and so he paid the blood money of a hundred camels from the zakat camels."
6503. Abu Qilaba related that 'Umar ibn 'Abdu'l-'Aziz set on his seat for the people one day and then he gave them permission to enter and he said, "What do you say about the qasama?" They answered, "We say that it is a right to take retaliation by qasama. The khalifs carried out retaliation by it." Then he said, "What do you say, Abu Qilaba?" He set me up before people. I said, 'Amir al-Mu'minin, you have the heads of the armies and the nobles of the Arabs. Do you think that if fifty of them were to testify that a man in Damascus had committed fornication when they had not seen him that would you stone him?' 'No,' he answered. I said, 'Do you think that if fifty of them were to testify that a man in Homs had stolen, would you cut off his hand if they had not seen him?' 'No,' he answered. I said, 'By Allah, the Messenger of Allah, may Allah bless him and grant him peace, never killed anyone except for three cases: a man who killed by crime and was killed, a man who committed fornication after becoming muhsan, or a man who fought Allah and His Messenger and apostatized from Islam.
"The people said, 'Did not Anas ibn Malik report that the Messenger of Allah, may Allah bless him and grant him peace, cut off the hands of thieves, branded their eyes and then cast them out into the sun?' I said, 'I will relate to you the hadith of Anas. Anas related to me that a group of eight men of 'Ukl came to the Messenger of Allah, may Allah bless him and grant him peace, and gave him allegiance in Islam. The air did not agree with them and their bodies became ill. They complained about that to the Messenger of Allah* and he said, "Will you not go out with our camel herdsman and drink their milk and urine?" "Yes," they said. They went out and drank their milk and urine and regained their health. Then they killed the herdsman of the Messenger of Allah, may Allah bless him and grant him peace, and drove off the herd. News of that reached the Messenger of Allah, may Allah bless him and grant him peace, and he sent people to pursue them. They were caught and brought and he commanded that their [alternate] hands and feet be amputated and their eyes branded and then threw them into the sun until they died.' I said, 'What is worse than what these people did? They apostatised from Islam, murdered and stole.'
"'Anbasa ibn Sa'id said, 'By Allah, I have never heard anything like this today!' I said, 'Do you deny my narration, 'Anbasa?' 'No,' he answered, 'rather you have brought the hadith in its proper form. By Allah, this district will remain in good as long as this shaykh is living among them!' I said, 'This contains a sunna from the Messenger of Allah, may Allah bless him and grant him peace. A group of Ansar visited him and spoke with him. Then one of their men left them and was murdered. They went out after him and found their companion in a pool of blood. They returned to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah! We have found our companion who was talking with us and then left us in a pool of blood.' The Messenger of Allah, may Allah bless him and grant him peace, went out and said, 'Who do you suspect?' or "Who do you think killed him?" They said, "We think that the Jews have killed him." He sent for the Jews and summoned them. He said, "Did you kill this man?" "No," they answered. He said [to the Ansar], 'Will you be satisfied if fifty of the Jews swear that they have not killed him?' They said, 'They would not be bothered if they murdered all of us and then swore oaths." He said, "Will you then be entitled to blood money by the oaths of fifty of you?' They said, 'We will not swear. So he himself paid the blood money.'
I said, "Hudhayl repudiated one of their tribe during the Jahiliyya. Then at night that man attacked a family from Yemen at al-Batha'. One of their men noticed him and threw his sword at him and killed him. Hudhayl came and took the Yemeni man and brought him before 'Umar at the Hajj festival. They said, 'He killed our companion!' He said, 'They had repudiated him!' He said, 'Let fifty men of Hudhayl swear that they did not repudiate him.' Forty-nine of their men swore. Then one of their men came from Syria and they asked him to swear and he ransomed himself from the oath by paying 1000 dirhams. Then they brought another man in his place and he gave? And clasped hands with the brother of the slain man. They said, 'We and those fifty who had taken the oath went to Nakhla where it started raining. They went into a cave in the mountain and the cave collapsed upon the fifty who had taken the oath and they all died except for the two who had clasped hands. The stones followed them and broke the leg of the brother of the dead man. He lived for a year and then died."' I said, ''Abdu'l-Malik ibn Marwan took retaliation upon a man by qasama and then regretted what he had done. He ordered that the fifty who had sworn the oath be removed from the registry and sent them to Syria.
XXII. If someone looks into the house of a people and they put out his eye, he receives no blood money
6504. 'Ubaydullah ibn Abi Bakr ibn Anas related from Anas that a man looked into one of the rooms of the Prophet, may Allah bless him and grant him peace, and he went for him for a sharp arrow, or stick and made to steathily poke him with it.
6505. Ibn Shihab related that Sahl ibn Sa'd as-Sa'idi told him that a man looked through a hole in the door of the Messenger of Allah, may Allah bless him and grant him peace. The Messenger of Allah, may Allah bless him and grant him peace, had an iron comb with which he was combing his hair. When the Messenger of Allah, may Allah bless him and grant him peace, saw him, he said, 'If I had known that you were looking at me, I would have stabbed you in the eye with this." The Messenger of Allah, may Allah bless him and grant him peace, said. "Asking permission to enter was appointed on account of looking."
6506. Al-A'raj related from Abu Hurayra, Abu'l-Qasim, may Allah bless him and grant him peace, said, "If a man spies on you without permission, and you poke? him with a stick and put out his eye, there is nothing held against you.'"
XXIII. The 'aqila (members of the tribe who are responsible for paying blood money)
6507. Ash-Sha'bi said, "I heard Abu Juhayfa say, 'I asked 'Ali, 'Have you got anything which is not in the Qur'an?' Once he added, 'Other than what people have?' He said, 'By the One who made the grain split and created the soul, we do not have anything except what is in the Qur'an except for understanding which a man is given about His Book and what is on this piece of paper.' 'What is on the paper?' I asked. He answered, "'Aql (blood money), ransoming captives and that a Muslim is not killed for an unbeliever.'"
XXIV. (The loss of) a woman's foetus
6508. Abu Salama ibn 'Abdu'r-Rahman related from Abu Hurayra about the case of two women of Hudhayl when one of them threw something at the other woman who then miscarried her foetus. The Messenger of Allah, may Allah bless him and grant him peace, judged that the one who caused the loss should give [the other woman] a good slave, male or female."
6509. Al-Mughira ibn Shu'ba related that 'Umar consulted them about the case of a woman who had a miscarriage because of a blow to the stomach. Al-Mughira said, "The Prophet, may Allah bless him and grant him peace, judged that she was owed a good slave, male or female, Muhammad ibn Maslama testified that he witnessed the Prophet give that judgement."
6510. Hisham related from his father that 'Umar asked the people, "Who heard the Prophet, may Allah bless him and grant him peace, made a judgement about the miscarriage?" Al-Mughira said, "I heard him judge that there was a good slave for it, male or female." He said, "Bring someone who will testify with you to this." Muhammad ibn Maslama said, "I testify that the Prophet* judged the like of this."
Hisham ibn 'Urwa related from his father that he heard al-Mughira ibn Shu'ba relate that 'Umar consulted them about the case of a woman who had a miscarriage because of a blow to the stomach.
XXV. A woman's foetus and the blood money is owed by the father [of the killer] and the 'asaba of her father, not his children
6511. Sa'id ibn al-Musayyab related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, gave a judgement about the foetus of a woman of the Banu Lihyan that she was due a good slave, male or female. Then the woman against whom the judgement of the slave was made died and the Messenger of Allah, may Allah bless him and grant him peace, judged that her inheritance went to her children and her husband and that the blood money was to be paid by her 'asaba.
6512. Ibn al-Musayyab and Abu Salama ibn 'Abdu'r-Rahman related that Abu Hurayra said, "Two women of Huhdayl fought and one of them threw a stone at the other and killed her and what was in her womb. They took the dispute to the Prophet, may Allah bless him and grant him peace, and he judged that the blood money for her foetus was a good slave, male or female, and judged that the blood money for the woman by paid by the 'aqila.
XXVI. The one who asked for the help of a slave or a boy
It is mentioned that Umm Salama sent a message to the teacher of the school: "Send me some boys to card the wool, but do not send me a free boy."
6513. 'Abdu'l-'Aziz said that Anas said, "When the Messenger of Allah, may Allah bless him and grant him peace, came to Madina, Abu Talha took hold of my hand and took me to the Messenger of Allah, may Allah bless him and grant him peace. He said, 'Messenger of Allah, Anas is an intelligent lad. Let him be your servant.'" Anas said, 'I served him both while resident and on journeys. By Allah, he did not say to me about anything I did, 'Why did you do this?' nor about anything which I had not done, 'Why did you not do it?'"
XXVII. There is no blood money for [an injury caused by] a mine nor for a well
6514. Sa'id ibn al-Musayyab and Abu Salama ibn 'Abdu'r-Rahman related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "There is no blood money for the injury caused by a dumb animal. There is no blood money for a well. There is no blood money for a mine. There is a fifth due on buried treasure."
XXVIII. There is no blood money owed on account of injury caused by a dumb animal
Ibn Sirin said, "They used to not grant liability for injury caused by an animal's kick, but they accorded liability if that was caused by the animal responding to its reins."
Hammad said, "There is no liability on account of an animalÕs kick unless someone has prodded the animal."
Shurayh said, "There is no liability for destruction caused by the animals if someone hits it and then it kicks him."
Al-Hakam and Hammad said that if a hirer drives a mule which a woman is riding and she falls off, he entails no liability.
Ash-Sha'bi said, "When someone drives an animal and thereby tires it, he is liable for any damage it causes. If he drives it slowly it, then he is not liable."
6515. Muhammad ibn Ziyad related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "There is no blood money on account of the injury caused by a dumb animal. There is no blood money for a well. There is no blood money for a mine. There is a fifth to be paid on buried treasure."
XXIX. The wrong action of someone kills a dhimmi who has committed no crime
6516. Mujahid related from 'Abdullah ibn 'Amr that the Prophet, may Allah bless him and grant him peace, said, "Someone who kills someone with a treaty will not smell the fragrance of the Garden even though its fragrance can be smelt from a distance of forty years."
XXX. A Muslim is not killed for an unbeliever
6517. 'Amir related that Abu Juhayfa said, "I said to 'Ali...
Ash-Sha'bi was heard to say that he heard Abu Juhayfa say, "I asked 'Ali, 'Do you have in your possession anything which is not in the Qur'an?' (Ibn 'Uyayna said once, 'Which people do not have?") He said, 'By the One who made the grain split and created the soul, we do not have anything except what is in the Qur'an except for understanding which a man is given about His Book and what is on this piece of paper.' 'What is on the paper?' I asked. He answered, "'Aql, ransoming captives and that a Muslim is not killed for an unbeliever.'"
XXXI. When a Muslim slaps a Jew in anger
Abu Hurayra related it from the Prophet*.
6518. Yahya related from Abu Sa'id that the Prophet, may Allah bless him and grant him peace, said, "Do not prefer some Prophets to others."
6519. Yahya al-Mazini related that Abu Sa'id al-Khudri said, "A man of the Jews whose face had been slapped came to the Prophet, may Allah bless him and grant him peace. He said, 'Muhammad! One of your Companions of the Ansar slapped my face!' The Prophet, may Allah bless him and grant him peace, said, 'Summon him.' They summoned him and he said, 'Did you slap his face?' He said, 'Messenger of Allah, I passed by the Jews and I heard him say, "By the One who chose Musa over all mankind." I said, "Over Muhammad, may Allah bless him and grant him peace,?"' So I became angry and slapped him.' The Prophet, may Allah bless him and grant him peace, said, "Do not prefer me over the Prophets. On the Day of Rising, people will faint and I will be the first to regain consciousness and I will find Musa clinging to one of the pillars of the Throne. I will not know if he regained consciousness before me or if he was spared because of fainting at Sinai.'"
I. The sin of the one who associates others with Allah and his punishment in this world and the Next World
Allah Almighty says, "Associating others with Him is a terrible wrong" (31:13) and "If you associate others with Allah, your actions will come to nothing and you will be among the losers." (39:65)
6520. 'Alqama related that 'Abdullah said, "When this ayat was revealed: 'Those who believe and do not mix up their belief with any wrongdoing' (6:82), that was hard on the Companions of the Messenger of Allah, may Allah bless him and grant him peace, and they said, 'Which of us does not confuse his belief with wrongdoing?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'That is not it. Have you not heard the words of Luqman, "Associating others with Him is a terrible wrong"" (31:33)?Õ"
6521. 'Abdu'r-Rahman ibn Abi Bakra related that his father said that the Prophet, may Allah bless him and grant him peace, said, "The worst of major wrong actions are associating others with Allah, disobeying parents, false testimony, false testimony (three times)" or "a false statement." He continued to repeat it until we said, "Would that he would he silent."
6522. Ash-Sha'bi related that 'Abdullah ibn 'Amr said, "A desert Arab came to the Prophet, may Allah bless him and grant him peace, and said, 'Messenger of Allah, what are the major wrong actions?' He said, "Associating others with Allah.' 'Then what?' he asked. He said, 'Then disobeying parents.' He asked, 'And then what?' 'The false oath,' he answered. I said, 'What is the false oath?' He said, 'That by which someone takes the property of a Muslim, and he lies in it.'"
6523. Abu Wa'il related that Ibn Mas'ud said, A man said, 'Messenger of Allah, will we be punished for what we did in the Jahiliyya?' He said, 'Whoever does good in Islam will not be punished for what he did in the Jahiliyya. Whoever does bad in Islam, he will be punished for the first and the last.'"
II. The ruling on the male and female apostate and asking them to repent
Ibn 'Umar, az-Zuhri and Ibrahim said that a female apostate is killed.
Allah Almighty says, "How can Allah guide a people who have become unbelievers after having believed? They bore witness that the Messenger was true and that the Clear Signs had come to them. Allah does not guide people who are wrongdoers. The repayment of such people is that Allah's curse is on them and that of the angels and of all mankind. They will be under it for ever. Their punishment will not be lightened. They will be granted no reprieve. Except for those who after that make tawba and put things right. Truly Allah is Ever-Forgiving, Most Merciful. Those who disbelieve after having believed and then increase in their unbelief, their tawba will not be accepted. They are the misguided." (3:86-90)
"You who believe! if you obey a group of those given the Book, they will make you revert to being unbelievers after you have believed." (3:100)
He says: "As for those who believe and then return to unbelief, and then again believe and then return to unbelief, and then increase in unbelief, Allah will not forgive them or guide them on any path." (4:137)
He says, "If any of you renounce your deen, Allah will bring forward a people whom He loves and who love Him, humble to the believers, fierce to the unbelievers" (5:54)
He says, "But those whose breasts become dilated with unbelief, anger from Allah will come down on them. They will have a terrible punishment. That is because they prefer the life of this world to the Next World, and because Allah does not guide unbelieving people. Those are the people whose hearts, hearing and sight. Allah has sealed up. They are the unaware. There is no doubt that in the Next World they will be the losers." ... to His words .. "your Lord is Ever-Forgiving, Most Merciful." (16:106-110)
"They will not stop fighting you until they make you revert from your deen, if they are able. As for any of you who revert from their deen and die unbelievers, their actions will come to nothing in this world and the Next World. They are the Companions of the Fire, remaining in it timelessly, for ever." (2:217)
6524. It is related that 'Ikrima said, "Some dualists (zindiqs) were brought to 'Ali and he burned them. Ibn 'Abbas heard about that and said, 'If it had been me, I would not have burned them since the Messenger of Allah, may Allah bless him and grant him peace, forbade it, saying: 'Do not punish with Allah's punishment.' I would have killed them based on the words of the Messenger of Allah, may Allah bless him and grant him peace, 'Kill the one who changes his deen.'"
6525. Abu Burda related that Abu Musa said, "I came to the Prophet* with two men of the Ash'ari tribe. One was on my right and one was on my left. The Messenger of Allah, may Allah bless him and grant him peace, was using the siwak. Both of them asked him (for appointment to a post). He said, 'Abu Musa (or 'Abdullah ibn Qays)?' I said, 'By the One who sent you with the truth, they did not tell me what was inside them and I was not aware that they were seeking appointment.Õ It is as I could still see his siwak under his lip, pulled to one corner of his mouth. He said, 'We will or - or do not - appoint to our offices someone who desires it. Abu Musa (or 'Abdullah ibn Qays), go to Yemen.'" Then he sent Mu'adh ibn Jabal after him. When Mu'adh reached him, he put out a cushion for him and said, 'Get down.' There was a man in fetters beside Abu Musa. Mu'adh asked, 'Who is this?' He answered, 'It is a Jew who became Muslim and then reverted to Judaism.' He added, 'Sit down.' Mu'adh said. 'I will not sit down until he has been killed. It is the judgement of Allah and His Messenger" and repeated it three times. So Abu Musa commanded that he be killed. 'Then we discussed night prayers. One of us said, "I pray and I sleep and I hope for a reward for my sleep as I do for my standing in prayer."Õ"
III. Killing those who refuse to accept the obligations (fara'id) and ascribing apostasy to them
6526. 'Ubaydullah ibn Abi 'Abdullah ibn 'Utba related that Abu Hurayra said, "When the Messenger of Allah, may Allah bless him and grant him peace, died and Abu Bakr became the khalif, some of the Arabs rejected Islam. 'Umar said, 'How can you fight these people when the Messenger of Allah, may Allah bless him and grant him peace, said, "I am commanded to fight people until they say: 'There is no god but Allah.' Whoever says that, his property and life are safe from me, except if there is a legal right, and his reckoning is up to Allah."' He said, 'I will fight anyone who makes any distinction between the prayer and zakat. Zakat is what is due from property. By Allah, if they refuse me as much as a she-goat which they used to pay to the Messenger of Allah, I will fight them for it.' 'Umar said, 'By Allah, the fact was that Allah had given Abu Bakr true insight and I recognised that he was right.'"
IV. When a dhimmi or someone else indirectly insults the Prophet, may Allah bless him and grant him peace, and does not state it explicitly, like saying, "as-Samu 'alaykum"
6527. Hisham ibn Zayd ibn Anas ibn Malik said that he heard Anas ibn Malik say, "A Jew passed by the Messenger of Allah, may Allah bless him and grant him peace, and said, 'as-Samu 'alaykum' (Death be upon you). The Messenger of Allah, may Allah bless him and grant him peace, answered, 'And on you.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Do you know what he said? He said, "as-Samu 'alaykum".' They asked, 'Messenger of Allah, should we kill him?' 'No,' he answered. 'When the People of the Book greet you, answer, 'And upon you.'"
6528. 'Urwa related that 'A'isha said, "A group of Jews asked for permission to visit the Prophet, may Allah bless him and grant him peace, and they said, 'as-Samu 'alaykum'. I said, 'Rather death and the curse be upon you!' He said, ''A'isha, Allah is kind and loves kindness in all matters.' I said, 'Did you not hear what they said?' He said, 'And I said, "And upon you."'"
6529. 'Abdullah ibn Dinar said, "I heard Ibn 'Umar say that the Messenger of Allah, may Allah bless him and grant him peace, said, 'When the Jews greet one of you, they say, 'as-Samu 'alaykum', so say, 'And on you.'"
6530. Shaqiq related that 'Abdullah said, "It is as if I could visualise the Prophet, may Allah bless him and grant him peace, speaking about one of the Prophets whose people hit him and bloodied him. While he was wiping the blood from his face, he was saying, 'Lord, forgive my people. They do not know.'"
V. Killing Kharijites and heretics* after proof is established against them
The words of Allah Almighty, "Allah would never misguide a people after guiding them until He had made it clear to them how to have taqwa." (9:115)
Ibn 'Umar used to consider them to be the worst of Allah's creation. He said, "They took verses which were revealed about the unbelievers and then applied them to the believers."
[*mulhidin. According to the commentator, "It comes from inclining away from the truth and instead inclining to falsehood. In our times, it applies to someone who denies the existence of the Creator, or denies the divine deen revealed from Allah, or denies prophethood.]
6531. Suwayd ibn Ghafala related that 'Ali said, "When I report to you a hadith from the Messenger of Allah, may Allah bless him and grant him peace, by Allah, I would prefer to fall from the sky rather than lie about him. When I tell you something that is between me and you, war is deception. I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'Some young and foolish people will come at the end of time who will speak from the best words of mankind, but their faith will not go beyond their throats. They will leave Islam like the arrow passes through game. Kill them wherever you meet them. On the Day of Rising the one who kills them will have a reward for killing them.'"
6532. Abu Salama and 'Ata' ibn Yasar reported that they went to Abu Sa'id al-Khudri and asked him about the Haruriyya*, "Did you hear the Prophet, may Allah bless him and grant him peace, say anything?" He said, "I do not know what the Haruriyya are, but I heard the Prophet, may Allah bless him and grant him peace, say, 'Some people will emerge in this nation (and he did not say, 'from this nation") whose prayer will make you think little of your prayers in comparison. They will recite the Qur'an, but it will not go beyond their throats. They will pass through the deen as an arrow passes through game. The archer looks at his arrow, arrowhead and its fastening and is unsure about its notch, and whether there is any blood on it.'"
[*The Haruriyya are the Kharijites. The name is taken from Harura', a place in Iraq where they first gathered.]
6533. It is related that 'Abdullah ibn 'Umar mentioned the Haruriyya and said that the Prophet, may Allah bless him and grant him peace, said, "They will pass through Islam as the arrow passes through game.
VI. The one who did not fight the Kharijites in order to reconcile them and to ensure that people would not be averse to him
6534. Abu Salama related that Abu Sa'id said, "While the Prophet, may Allah bless him and grant him peace, was distributing [zakat], 'Abdullah ibn Dhi'l-Khuwaysira at-Tamimi came and said, 'O Messenger of Allah, be just!' He said to him, 'Woe to you! Who will be just if I am not just?' 'Umar ibn al-Khattab said, 'Give me permission to cut off his head!' He said, 'Leave him. He has companions whose prayer will makes yours seem paltry and whose fasting makes your seem paltry. They will pass through the deen like the arrow passes through game. One looks at his arrowhead and there is nothing on it. Then he looks at the mount of its head and there is nothing on it. He will look at its shaft and there is nothing on it. Then he will look at its feathers and there will be nothing on them, for it has been too fast for excrement and blood. Their sign will be a black man, one of whose arms is like a woman's breast, or a piece of meat palpitating. They will emerge when there are parties among the people.'"
Abu Sa'id said, "I testify that I heard this hadith from the Messenger of Allah, may Allah bless him and grant him peace, and I testify that 'Ali fought them while I was with him. A man was brought with the description which the Prophet, , may Allah bless him and grant him peace, had given." He said, "Revealed about him were the words, 'Among them there are some who find fault with you concerning the zakat.' (9:58)"
6535. Yusayr ibn 'Amr said, "I said to Sahl ibn Hunayf, 'Did you heard the Prophet, may Allah bless him and grant him peace, say anything about the Kharijites?' He answered, 'I heard him say while pointing towards Iraq. 'Some people will emerge from there who will recite the Qur'an, but it will not go beyond their throats. They will pass through Islam as the arrow passes through game.'"
VII. The words of the Prophet, may Allah bless him and grant him peace, "The Final Hour will not come until two groups fight one another, while they claim the same thing."
6536. Al-A'raj related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "The Final Hour will not come until two groups fight one another, while they claim the same thing." VIII. What has come about those who use interpretation (ta'wil)
6537. Al-Miswar ibn Makhrama and 'Abdu'r-Rahman ibn 'AbduÕl-QariÕ told him that they heard 'Umar ibn al-Khattab say, "I heard Hisham ibn Hakim reciting Surat al-Furqan while the Prophet, may Allah bless him and grant him peace, was alive. I listened to his recitation and he was reciting it in various modes which the Messenger of Allah, may Allah bless him and grant him peace, had not recited. I almost grabbed him in the prayer, but I waited until he said the salam. Then I grabbed by his cloak and demanded, 'Who recited to you this sura which I heard you reciting?' He answered, 'The Messenger of Allah, may Allah bless him and grant him peace, recited it to me.' I said, 'You lied! The Messenger of Allah, may Allah bless him and grant him peace, recited it to me differently to how you recited it!' So I led him off to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'I heard this one reciting Surat al-Furqan in a different way to how you recited it to me!' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Release him. Recite, Hisham.' So he recited it to him in the way which I had heard him reciting.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'That is how it was revealed.' Then he said, 'Recite, Umar,' and I recited it in the recitation he had taught me. The Messenger of Allah, may Allah bless him and grant him peace, said, 'That is how it was revealed. This Qur'an was revealed in seven modes, so recite whatever you find easy of it.'"
6538. 'Alqama related that 'Abdullah said, "When the words of Allah were revealed, 'Those who believe and do not mix up their belief with any wrongdoing,' (6:82) that was hard on the Muslims and they said, 'Who among us has not done wrong?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'It is not as you think. It is as Luqman said to his son, 'O my son! Do not associate anything with Allah. Associating others with Him is a terrible wrong.Õ (31:13)"
6539. Mahmud ibn ar-Rabi' saad, "I heard 'Itban ibn Malik say, "The Messenger of Allah, may Allah bless him and grant him peace, came to me in the morning and a man asked, 'Where is Malik ibn ad-Dukhshun?Õ One of our men said, 'That is a hypocrite who does not love Allah and His Messenger.Õ The Prophet, may Allah bless him and grant him peace, said, 'Do not say that. Does he not say, "There is no god but Allah," intending that for the sake of Allah?Õ They said, 'Yes.Õ He said, 'Allah has forbidden the Fire for anyone who meets Him saying that on the Day of Rising.Õ"
6540. Someone [Sa'd ibn 'Ubayda] related that Abu 'Abdur-Rahman and Hibban ibn 'Atiyya had a dispute. Abu 'Abdur-Rahman said to Hibban, "I know what made your companion (i.e. 'Ali) dare to shed blood.Õ He said, 'What is it, fatherless one?Õ He answered, 'Something which I heard him say.Õ 'And what was that?Õ he asked. He replied, '[He said, "The Messenger of Allah, may Allah bless him and grant him peace, sent me, az-Zubayr, and Abu Marthad on horseback, saying, 'Go until you reach the meadow Hajj. (Abu Salama said that Abu 'Awana called it that: Hajj). There will be a woman who will have a letter of Hatib ibn Abi Balta'a to the idolworshippers. Bring it to me.Õ We went on our horses and caught up to her riding her camel where the Messenger of Allah, may Allah bless him and grant him peace, had told us. Hatib had written to the people of Makka that the Messenger of Allah, may Allah bless him and grant him peace, was going to move against them. We demanded, 'Where is the letter you have?Õ She answered, 'I have no letter.Õ So we made her camel kneel and searched her luggage without seeing anything. My two companions said, 'We do not think that she has a letter.Õ I said, 'We know that the Messenger of Allah, may Allah bless him and grant him peace, does not lie.Õ Then 'Ali swore an oath, saying, 'By the One by whom one swears, The Messenger of Allah, may Allah bless him and grant him peace, does not lie. You will bring out the letter or we will strip you.Õ She put her hand below her waist-belt which belted her garment and produced the letter. We took it to the Messenger of Allah, may Allah bless him and grant him peace. 'Umar said, 'Messenger of Allah, he has betrayed Allah, His Messenger and the believers. Let me strike off his head!Õ The Messenger of Allah, may Allah bless him and grant him peace, said, 'Hatib, what moved you to do what you did?Õ He answered, 'Messenger of Allah, Why would I do other than believe in Allah and His Messenger! But I wanted to have some favour with the people through which Allah might protect my relatives and property. There are none of your Companions who do not have relatives by whom Allah will protect their family and property.' The Prophet, may Allah bless him and grant him peace, said, 'He has told the truth. Do not say anything but good about him.' 'Umar again repeated, 'Messenger of Allah, he has betrayed Allah, His Messenger and the believers. Let me strike off his head!Õ He said, 'Was he not one of the people of Badr? What will inform you? Perhaps Allah has looked at the people of Badr and said, "Do what you like. The Garden is mandatory for you"?Õ Then 'UmarÕs eyes filled with tears and he said, 'Allah and His Messenger know best.Õ"
Abu 'Abdullah said that Khakh [the name of the place] is sounder although Abu 'Awana said Hajj. Hajj is a confusion in the letters. It is a place. Hushaym said that it Khakh.