Indexed OCR Text

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is a great crime, and a grave sin. No creature has a right to misuse the Lord's property.
This is why Shari'ah (divine law) has forbidden suicide and termed it as a grave
sin. It says that one who perpetrates it will undergo a painful chastisement.
A DIDACTIC EVENT ABOUT SUICIDE
(٣٤١٦) وَعَنْ جَابِرٍ آَّ الُفَيْلَ بُنَّ عَمْرٍ والدَّوْسِيِّ لَنَّ هَاجَرَ النَّبِىُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ إِلَى الْمَدِيْنَةِ مَاجَرّ
إِلَيْهِ وَهَاجَرَ مَعَهُ رَجُلْ مِنْ قَوْمِهِ فَمَرِضَ ذَجَزِءَ فَأَخَذَّ مَشَاقِصَ لَهُ فَقَطَةَ بِهَا بَرَاجِمَة فَشَخَبَتُ يَدَّاهُ حَتَّى
مَاتَ فَرَآهُ الُفَيْلُ بْنُ عَمْرٍ وَفِيْ مِنَّامِهِ وَهَيْثَتُهُ حَسَنَةٌ وَرَأْهُ مُغَِيًّا بِدَيْهِ فَقَالَ لَهُ مَا صَنَّةٌ بِكَ رَبُّكَ فَقَالَ
غَفَرَ لِى بِهِجُرَتِ إِلَى نَبِّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَقَالَ مَا لِى أَرَاكَ مُغَطِيًّا يَدَيْكَ قَالَ قِيْلَ لِيُ لَنْ نُصْلِحَ مِنْكَ مَّا
اَفْسَدُتَّ فَقَقَّهَا الظُّفَيْلُ عَلَى رَسُوْلِ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَقَالَ تَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ اَللَّهُمَّ
قَلِتَدَيْهِ فَاغْفِرُ-(رواه مسلم)
3456. Sayyiduna Jabir رضى الله عنه narrated that when the Prophet صلى الله عليه وسلم emigrated
to Madinah, Tufayl ibn Amir Dawsi «så », also emigrated to it. With him a man of
his tribe also emigrated but (by a coincidence) he fell ill and became impatient and
taking some of his arrowheads, he cut his knuckles. Because of that both of his
hands bled profusely till he died. Later, Tufayl ibn Amir us an +, saw him in a
dream. He had a good outlook, but he saw him concealing his hands. He asked
him, "How did your Lord treat you?" He said, "He forgave me because of my hijrah
(emigration) to His Prophet صلى الله عليه وسلم." Then, he asked, "Why do I see you
concealing your hands?" He said, "I was told, 'We shall not set right what you had
spoilt yourself."
Tufayl رضى الله عنه narrated it to Allah's Messenger صلى الله عليه وسلم. And, Allah's Messenger
1".prayed, "O Allah, and his hands too, do forgive صلى الله عليه وسلم
COMMENTARY: There is great blessing in emigrating to Madinah. Allah forgives the
person emigrating. If he has committed sin, he is forgiven that too because of the Prophet's
.seeking forgiveness for him صلى الله عليه وسلم
It is established through authentic ahadith that if anyone visits his grave then it is
tantamount to having seen him physically during his life-time. Therefore, the blessing and
mercy of Allah that were bestowed on those who visited him when he was alive should be
expected also by those who visit his grave.
This hadith also discloses that perpetrating a grave sin neither classifies one as a disbeliever
nor consigns one to the perpetual punishment of hell. It is the conviction of the ahl us-
sunnah (Prophet's صلى الله عليه وسلم practice) wa al-jama'ah that, after serving punishment for his
major sin, a person is admitted to paradise.
QISAS OR DIYAH FOR HEIRS OF MURDERED
(٠٣٤٥٧ ٣٤٥٨) وَعَنْ آَلٍ شُرَيْحِ الكُمْبِيّ عَنْ رَسُوْلِ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ تُؤَّ أَنْتُمْ يَاخُزَاعَةُ قَدْ
قَتَلْتُمُ هُذَا القَتِيْلَ مِنْ هُذَيْلٍ وَأَنَاوَ اللَّهِ عَاقِلُهُ مَنْ قَتَلَ بَعْدَهُ قَتِيْلًا فَأَهْلُهُ بَيْنَّ خِيَرَتَيْنِ إِنْ أَحَبُوا قَتَلُوا
1 Muslim # 184-116.

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وَإِنْ أَحَبُّوا آَخَذُوا العَقْلَ- رَوَاهُ التِّرْمِذِىُّ وَالشَّافِىُّ وَفِيْ شَرْجِ الشُّنَّةَ بِاِسْنَادِهِ وَصَرَّمَ بِأَنَّهُ لَيْسَ فِی
الشَّحِيُحَيْنِ عَنْ آَبيِ شُرِيحٍ وَقَالَ وَآَخْرَجَاهُ مِنْ رِوَايَةِ آلِ هُرَيْرَةًيَهْنِى بِمَعْنَاهُ.
3457. Sayyiduna Abu Shurayh al-Ka'bi sa>, narrated that Allah's Messenger at.
jule said (during the sermon on the day of the conquest of Makkah and its initial
portion has been presented in the chapter on the Haram of Makkah and its
concluding words, "O Khuza'ah, you have killed this man of Hudhayl. By Allah, I
shall pay his blood wit. But, henceforth, if anyone kills a man, his people
(meaning, his heirs) will have a choice (between two things):
(i)to kill him, if they wish (in retaliation, or
(ii)to accept blood wit, if they wish."1
(Sharh us sunnah (Prophet's صلى الله عليه وسلم practice) states that it does not occur in
Bukhari and Muslim from Abu Shurayh a +,)
3458. Sayyiduna Abu Hurayrah & +, narrated something similar.2
COMMENTARY: During the pre-Islamic days, the tribe Hudhayl had killed a man of the
tribe khuza'ah. In retaliation, they killed a man of the Hudhayl. To prevent further trouble
between the two tribes, the Prophet ,, a paid the blood wit for this murdered man
as he said (and is quoted in the hadith). Then he mentioned the Sahri'ah law for this kind
of thing, which is to choose one of two things: retaliation or blood wit. Imam Shafi'I aus,
and Imam Ahmad ales, abide by this hadith. Imam Abu Hanifah ales, and Imam Maalik
an tos, say that the heirs of the dead person will have a right to claim blood wit from the
murderer, only if he is willing to pay it. But, should he refuse to pay it, then they have no
choice other than killing him. It is said that Imam Shafi'I atas, also holds this opinion.
In the end the compiler of Mishkat objects to Imam Baghavi a w>>, the comiler of the
Masabih for presenting this hadith in section I though it is not found in Bukhari or Muslim.
Only ahadith of these two, or one of them, are reproduced in Section I.
MALE MURDERER OF WOMAN MAY BE KILLED
(٣٤٥٩). وَعَنْ آَنَسِ آَكَّ يَهُوُدِيًّا رَضَّ رَاسَ جَارِيَّةٍ بَيْنَّ حَجَرَيْنٍ فَقِيْلَ لَّهَا مَنْ فَعَلَ بِكَ هُذَا أَقْلَانٌ؟
أَقْلَاْ؟ حَتَّى سُيِّىَ الَّهُودِىُّ فَأَوْمَأَتْ بِرَأْسِهَا فَبَِ بِالْتُهُودِيِّ فَاعْتَرَفَ فَأَمْرَبِهِ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ
وَسَلَّمَ فَرُضَّ رَأْسُهُ بِالْحِجَارَةِ - (متفق عليه)
3459. Sayyiduna Anas usan », narrated that a Jew crushed a girl's head between two
stones. She was asked (for her dying testimony), "Who did it to you?" Some names
(of the suspects) were taken and when the Jew was named, she beckoned
confirmation with her head. The Jew was brought and he confessed to it. Allah's
Messenger صلى الله عليه وسلم commanded that his head should be crushed with stones.3
COMMENTARY: If a woman murders a man, she may be killed in retaliation and if a man
1 Tirmidhi # 1411, Abu Dawud # 4504,Shafia in his musnad p 343 (diyat, qisas) Musnad Ahmad 4-23.
2 Bukhari # 112, Muslim # 446-1355
3 Bukhari # 6884, Muslim # 15-1672, Tirmidhi # 1394, Abu Dawud # 4527, Nasai # 2742, Ibn Majah #
2665, Darimi # 2355, Musnad Ahmad 3-193.

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slays a woman, he may be put to death in retaliation. Killing someone with a heavy stone
makes retaliation liable. Imam Abu Hanifa als, does not agree with the three other imams
and says that here qisas does not become liable. He says about the Jew that his case had
some transient reasons behind it.
PUNISHMENT COMMENSURATE WITH WRONG DONE
(٣٤٦٠) وَعَن آَنَسٍ قَالَ كَسَرَتِ الرُّبِيُّ وَهِىَّ عَمَّةُ أَنَسِ بُنِ مَالِكٍ ثَنِيَّةً جَارِيَةٍ مِنَّ الْآَنْصَارٍ فَأَتَوُا النَّبِىِّ صَلَّى
اللَّهُ عَلَيْهِ وَسَلَّمَ فَأَمَرَ بِالْقِصَاصِ فَقَالَ آَنَّسُ بْنُّ النَّصْرِ عَةُّ أَنَسِ بْنِ مَالِكٍ لَّا وَاللَّهِلَا تُكُسَرُ ثَنِيَّتُهَا يَا رَسُولَ
اللهِ فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ يَا أَنَسُ كتَابُ اللَّهِ القِصَاصُ فَرَضِىَ الْقَوْمُ وَقَّبِلُوا الْأَزْشَّ فَقَالَ
تَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَإِّ مِنْ عِبَادِ اللَّهِ مَنْ لَوْ أَقْسَمَ عَلَى اللّهِ لَا بَّه- (متفق عليه)
3460. Sayyiduna Anas رضى الله عنه narrated that (Sayyidah) Rubaiyi رضى الله عنه, the paternal
aunt of (Sayyiduna) Anas ibn Maalik us a +, broke the front tooth of a girl of the
ansar. They (her family) went to the Prophet صلى الله عليه وسلم (with the complaint). He
ordered that retaliation must be taken. Anas ibn Nadr wal+, the paternal uncle of
Anas ibn Maalik us &+, said, "O Messenger of Allah! No, by Allah, her tooth will
not be broken." He said, "O Anas, the Book of Allah prescribes qisas (retaliation)."
But, (Allah decreed that) the family (or the girl) were willing to accept the diyah
(Monetary compensation). So, Allah's Messenger صلى الله عليه وسلم said, "Surely, there are
among the slaves of Allah, they who adjure Allah and He agrees to it."1
COMMENTARY: Rubaiyi رضى الله عنه, Anas رضى الله عنه and Maalik رضى الله عنه were three brothers and
sisters. Their father was Nadr. The son of Maalik usan +, was also named Anas.
Anas ibn Nadr .s & +, hoped for Allah's mercy and favour that He would put into the
hearts, of the girl's family to accept monetary compensation. Indeed, that is what
happened. So, the Prophet صلى الله عليه وسلم said of him that he was among those whose prayers
Allah accepts.
The reference to Allah's Book about retaliation is about this verse:
وَكَتَبْنَا عَلَيْهِمْ فِيْهَا أَثَّ النَّفْسَ بِالنَّفْسِ - تا- وَالسِنَّ بِالسِّنِّ
{And therein we prescribed for them: a life for a life, an eye for an eye, a nose for a
nose, an ear for a ear, a tooth for a tooth ... } (5: 45)
This hadith says that it is allowed to take an oath for such things as one is hopeful would
come true.
It also says that it is allowed to praise anyone in his presence, provided he is not likely to
get it into his head.
This hadith teaches us also that it is mustahab (desirable) to for give qisas.
MUSLIM WHO KILLS A DISBELIEVE - MAY OR MAY NOT BE KILLED
(٣٤٦١) وَعَنُ اَلٍ جُحَيْفَةً قَالَ سَأَلُتُ عَلِيًّا هَلْ عِنْدَكُمْ شَىْءٍ لَيْسَ فِي الْقُرآنِ فَقَالَ وَالَّذِىُ فَلَقَ الْحُبَّةَ وَبَرَّأَ
1 Bukhari # 1806, 2703, Muslim # 24-1675, Abu Dawud # 4595, Nasai # 4757, Musnad Ahmad # 3-128.
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النَّسَمَّةَّ مَا عِنْدَنَا إِلَّ مَا فِي الْقُرَانِ إِلََّ فَهُمَّا يُعْظِى رَجُلْ فِي كِتَابِهٍ وَمَا فِ الشَّحِيْفَةِ قُلْتُ وَمَا فِيِ الشَّحِيْفَةِ
قَالَ الْعَقُلُ وَفِكَاكُ الَّاسِيْرٍ وَآَنْ لَّا يُقْتَلُ مُسْلِمْ بِكَافِرٍ - (رواه البخارى)
3461. Sayyiduna Abu Juhayfah usa (+) narrated that he asked (Sayyiduna) Ali
Àn +), "Do you have anything that is not found in the Quran?" He said, "By
Him Who split the seed and created the soul, I have noting that is not found in
the Qur'an, beyond an understanding of His Book that a man is given (and
which I am given ) and that which is (written) on sheets of paper (which we
have)" He (Abu Juhayfahasa(+)) asked, "And what is (written) on the sheets of
paper?" He said, "Blood wit (for unjust killing), setting free of a prisoner and
not killing a Muslim for a disbeliever (who is a dhimmi - these things are
written on the sheets of paper).1
COMMENTARY: Sayyiduna Ali as a>, said that he had an understanding of the Qur'an
and could fathom its deep mystic meanings. He could deduce from it commands and
rulings such as learned ulama (Scholars) could uncover.
He had written down about blood wit and other things and kept the parchment in the
sheath of his sword. Many commands and rulings were recorded on those sheets of paper.
Not all are mentioned here.
MUSLIM KILLER: It is the contention of many of the sahabah (Prophet's Companions) ~>)
popis an, the tabi'un aus), the tabi tabi'un 2a , And three of the imams al des, that if a
Muslim kills an infidel then he will not be killed in retaliation for the slain infidel, whether
he is dhimmi or an enemy at war. But, Imam Abu Hanifah alter, and most of the ulama
(Scholars) contend that if the slain infidel was a dhimmi then the murderer Muslim may be
killed. The hadith which they cite is mentioned in the Mirqat.
WHY DID HE ASK: The reason Sayyiduna Abu Juhayfah usan +, asked Sayyiduna Ali +)
wca was that the shiah who were found in those times in different forms used to allege that
the Prophet ,Ale an had disclosed to his ahlul bayt (people of the house), particularly
Ali, certain secrets and details of the science of revelation that have not been disclosed to
anyone else.
Another possibility why he put that question was that in those days of Sayyiduna Ali an>,
As there was no one who could match him in learning and knowledge.
Anyway, Sayyiduna Ali can +, said on oath that there was no such thing as they imagined.
The prophet صلى الله عليه وسلم had not taught him anything at the exclusion of others and had not
preached to him more than he had preached anyone else. He said that he had the same
Qur'an which everyone read and he had those written down instructions. Apart from that,
he had a power of understanding that Allah had bestowed on him. With that he could get
to the inner meaning of the Qur'an. This was not his own achievement but Allah enabled
him and gave him wisdom to fathom that.
In short, the base of all sciences and meanings is the Qur'an. So if anyone is bestowed
1 Bukhari # 6903, Tirmidhi # 1417, Nasai # 4744, Darimi # 2356, Musnad Ahmad # 1-79, Muslim #
967-1370, Abu Dawud # 4530
2 Respectively, the companions, their successors and their successors

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power to understand it them the gates of all sciences and wisdom are opened to him. But,
Allah bestows this blessing on very few people.
Sayyiduna Ibn Abbas As an, used to say that all the sciences are found in the Qur'an, but
people generally do not reach to that level of understanding.
وَذُكِرَ حَدِيْثُ بُنِ مَسْعُوْدٍ لَّا تُقْتَلُ نَفْسْ تُظُلُمَّا فِي كِتَابِ الْعِلْمِ
And the hadith of Ibn Mas'ud As a+, on no life may be taken unjustly may be found in the
Book of knowledge (#211)
SECTION II
الفضلُ القَّانِى
BLOOD OF MUSLIM IS SACRED
(٣٤٦٢ -٣٤٦٣) عَنْ عَبْدِ اللَّهِ بُنِ عَمْرٍ و ◌َكَّ النَّيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ لَزَوَالُ الذُّنْيَا أَهْوَكُ عَلَى اللّهِ مِنُ
قَتْلِ رَجُلٍ مُسْلٍِ - رَوَاءُ التِّرْمِذِىُّ وَالنََّائِىُّ وَوَقَقَةُ بَعْضُهُمْ وَهُوَ الْأَصَخُ وَرَوَاهُ ابْنُّ مَاجَةً عَنِ البَرَاءِبُنِ عَازِبٍ۔
صلی الله عليه وسلم narrated that the Prophet رضى الله عنه Sayyiduna Abdullah ibn Amr .3462
said. "The end of the world is less serious in the sight of Allah than the killing of a
Muslim man."1
3463. Sayyiduna Bara ibn Aazib رضى الهعنه narrated it.2
COMMENTARY: Allah has created everything of the world, the earth, the heaven and the
entire universe for the Muslims. They may, therefore, worship their Lord and believe in
His Omnipotence.
In the light of this, if anyone kills a Muslim for whom this universe is created then he is like
one who consigns the entire world to destruction. It is to this that a verse of the Qur'an
points out:
وَمَنْ قَتَلَ نَفْسًا بِغَيْرٍ نَفْسٍ أَوْ فَسَادٍ فِ الْأَرْضِ فَكَأَنَّمَا قَتَلَ النَّاسَ جَمِيعًا
{And whoever slays a human being for other than manslaughter, or for (spreading)
corruption in the land, it shall be as if he had slain all mankind.} (5: 32)
(٣٤٦٤) وَعَنْ أَبٍ سَعِيٍُّ وَأَبي هُرَيُرَةَ عَنْ رَسُوْلِ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ قَالَ لَوْاََّ أَهْلَ السَّمَاءِ وَالْأَرْضِ
إِشْتَرَكُوْا فِيْ دَمِ مُؤمِنٍ لَا كَبَّهُمُ اللَّهُ فِي النَّارِ - رَوَاهُ التِّزْمِذِىُّ وَقَالَ هُذَا حَدِيْثُ غَرِيُبُ۔
3464. Sayyiduna Abu Sa'eed رضى الله عنه and Abu Hurayrah رضى الله عنه narrated that Allah's
Messenger صلى الله عليه وسلم said, "If (it is confirmed that) the inhabitants of the heaven
and earth have combined to shed blood of a believer, then Allah would cast them
face down in hell."3
COMMENTARY: Some exponents suggest that the word in the Arabic text (S) should
have been (~SJ) but, Mulla Ali Qari ales, says that it is correct. The words in Jami Saghir are:
لَكَبَّهُمُ اللَّهُ عَزَّوَجَلَّ فِي النَّارِ
1 Tirmidhi # 1395, Nasai # 3986
2 Ibn Majah # 2619.
3 Tirmidhi # 1398

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COMPLAINT OF THE MURDERED ON THE DAY OF RESURRECTION
(٣٤٦٥) وَعَنِ ابْنِ عَبَّاسِ عَنِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ تَجِى الْمَقْتُوُلُ بِالْقَاتِلِ يَوْمَ القِيَامَةِ نَاصِيْتُهُ وَرَأْسُه
بِيَّدٍ وَأَوْ دَاجُهْ تَشْخُبُ دَمَّا تَقُولُ يَارَبٍ قَتَلَنِىْ حَتّى يُدُنِيَّهُ مِنَ الْعَرْش۔ (رواه الترمذي والنسائي وابن ماجة)
3465. Sayyiduna Ibn Abbas رضى الله عنه narrated that the Prophet صلى الله عليه وسلم said, "On
the day of resurrection the murdered person will bring the murderer with his
forelock and his head in his hand, blood dripping from his own jugular vein. He
will complain, "O my Lord, he killed me." (Get me justice.) He will bring him
(draggim him like that) till he is near the throne."1
COMMENTARY: On the day of resurrection, the slain person will claim his right and
Allah will please him.
UTHMAN'S usan+, SPEECH ON THE DAY HE WAS OPPRESSED
(٣٤٦٦) وَعَنْ أَبٍ أُمَامَةَ بْنِ سَهْلٍ بْنِ حُنَيْفٍ آركّ ◌ُفُمَاتَ بُنَّ عَقََّ أَشْرَفَ يَومَ الدَّارِ فَقَالَ آَنْشُدُ كُمْ
بِاللّهِ أَنَّعْلَمُوْنَ آَّ رَسُولَ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ لَا يَحِلُّ دَمُ امْرِيٍّ تُسْلٍِ إِلَّا بِإِحْدِى ثَلَاثٍ
زِلَّ بَعْدَ إِحْصَانٍ أَوْ كُفْرٍ بَعْدَ إِسْلَامٍ أَوْ قَتْلِ نَفْسٍ بِغَيْرٍ حَقٍّ فَقُتِلَ بِهِ فَوَ اللّهِ مَا زَّنَيْتُ فِي جَاهِلِيَّةٍ
وَلَا اسْلَامٍ وَلَّا إِرْتَدَدْتُ مُنْذُبَا يَعْتُ رَسُولَ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ وَلَّا قَتَلْتُ النَّفْسَ الَّتِى حَرَّمَ اللّهُ
فَبِمَ تَّقْتُلُونَنِىِ - رَوَاهُ التِّرِ مِذِىُّ وَالنََّائِىُّ وَابْنُ مَاجَةَ وَللَّارِمِيِّ لَفْظُ الْحَدِيْثِ-
3466. Sayyiduna Abu Umamah us à , ibn Sahl ibn Hunayf narrated that
(Sayyiduna) Uthman ibn Affan us à +, climbed up the roof top of his house on the
day of ad-dar (when he was besieged by those who wrought mischief). He asked
(the besiegers), "I adjure you by Allah, do you know that Allah's Messenger least.
, said, "The blood of a Muslim is forbidden except for one of three reasons:
(i) Fornication committed by a married man,
(ii) apostatising after embracing Islam,
(iii) slaying someone without just cause,
he may be killed for one of these reasons?' By Allah, I have not committed
fornication either during jahiliyah (ignorance period) or after the coming of Islam.
I have not apostatised since having sworn allegiance to Allah's Messenger la.
. And, I have not slain any soul whom Allah has declared sacred."2
COMMENTARY: The day of (or yawn) ad-dar means the day of the house. It refers to the
days on which the rebels had besieged the house of the third caliph Sayyiduna Uthman ibn
Affan us in»). One of those days, he went up the roof of his house and spoke the foregoing
words to the rebels.
As for committing fornication after marriage, if a married person commits adultery then Shari'ah
(divine law) prescribes that he should be stoned to death. The Arabic word for a married person'
1 Tirmidhi # 3040, 3029, Nasai # 3999, Ibn Majah # 2621, Musnad Ahmad 1-240
2 Tirmidhi # 2165, Abu Dawud # 4502, Ibn Majah # 2533, Nasai # 4024, Darimi # 2497, Musnad
Ahmad 1-61.

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as used in the hadith is (34>1) (ihsan and () - (Muhsin) stands for a Muslim, freeman,
responsible who has married legally and consummated marriage with his wife.
(لا يحل دم) ... said صلى الله عليه وسلم The actual words of the hadith meaning what Allah's Messenger
(The blood of a Muslim ... one of these reasons) are the only ones in Darimi, but not
Uthman's as an, words in the beginning or the end.1
KILLER IS DEPRIVED OF GOOD
(٣٤٦٧) وَعَنْ أَبِ الدَّرْدَاء عَنْ رَسُولِ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ لَا يَزَالُ المُؤمِنُ مُعْنِقًّا صَالِحًا مَا لَهُ يَصِبُ
دَمَّا حَرَامًا فَإِذَا أَصَابَ دَمّا حَرَامًا بَلََّ-(رواهابوداؤد)
3467. Sayyiduna Abu darda رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"The believer does not cease to go ahead reapidly towards piety (engaged in giving
the rights of Allah and of His slaves) till he does not shed blood unjustly. But,
when he sheds blood unjustly he is fatigued."2
COMMENTARY: As long as a believer does not stain his hands with blood of someone,
A'lah keeps him engaged in piety and goodness, outstripping other. If he kills anyone then
he ses the ability to do pious work. The heart of the murderer becomes dark with black
stains. While all sins are punishable, this sin is more grave.
UNJUST KILLING IS UNFORGIVABLE
(٣٤٦٨ -٣٤٦٩) وَعَنْهُ عَنْ رَسُولِ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ كُلُّ ذَنْبٍ عَتَى اللَّهُ أَكْ يَغْفِرَةُ إِلَّ مَنُّ مَاتَ
مُشْرِكًا آَوْ مَنْ يَقْتُلُ مُؤْمِنَّا مُتَعَبِّدًا - رَوَاهُ أَبُو دَاوُدَ وَدَ وَاهُ النَّسَائِىُّ عَنْ مُعَاوِيَةً-
3468. Sayyiduna Abu Darda رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"It may be hoped that Allah will forgive every sin, except (the sin of) one who dies
a polytheist, or one who kills a Muslim deliberately."3
3469. Sayyiduna Muawiyah «can +, also narrated this hadith.4
COMMENTARY: According to this hadith just as polytheism is unforgivable, so too wilful
killing is unforgivable. However, the ahlus-sunnah (Prophet's , and practice) wa al-
jama'ah say that a killer would undergo severe punishment for a long time before being
forgiven. They cite this verse:
إِركّ اللّهُ لَّا يَغْفِرُ أَكْ تُشْرَكَ بِهِ وَيَغْفِرُ مَا دُوْنَ ذَلِكَ لِّمَنْ يَّشَآءِ
{Surely Allah forgives not the setting up of peers for Him; for anything less than
this, He forgives whomsoever He pleases.} (4: 48)
As for this hadith, it means to emphasize how serious a crime it is to kill someone and
what a severe chastisement it invites. It could also mean that if anyone kills a Muslim
believing it to be lawful, then he will not be pardoned. Besides, the word (Lan)
(deliberately) could also imply killing a believer because he is a believer. If anyone
does that then he will not be forgiven.
1 See the lives of the Noble Caliphs, Ibn Kathir Dimishiqi, (Darul Ish'at, Karachi) PP 260 to 283.
2 Abu Dawud # 4270 (This and the next are come together in Abu Dawud)
3 Abu Dawud # 4270 (This previous are one in Abu Dawud)
4 Nasai # 3984, Musnad Ahmad 4-99.

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RETALIATION MAY NOT BE SOUGHT FROM FATHER FOR HIS CHILDREN
(٣٤٧٠) وَعَنِ ابْنِ عَبَّاسٍ قَالَ قَالَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ لَا تُقَامُ الْحُدُوُدُ فِي الْمَسَاجِدِ وَلَّا يُقَّادُ
بِالْوَلَدِ الوَالِدُـ (رواه الترمذى والدارمى)
3470. Sayyiduna Ibn abbas رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said.
"The prescribed punishment must not be imposed in mosques and a father must
not be killed for (killing) a son."1
(Rather, diyah may be imposed on him. It is a monetary penalty.)
COMMENTARY: No punishment for adultery, theft, etc may be enforced in the mosques.
The same applies to qisas or retaliation for murder. The reason is that mosques are meant
to offer salah (prayer) or to make dhikr or acquire or impart religious knowledge.
If a father kills his son then he should not be killed in retaliation.
The juristic verdict is that if a son kills his parents then he maybe killed in retaliation. This
is the unanimous verdict of all the ulama (Scholars).
But, if any of the parents kill their son then the ulama (Scholars) differ on the verdict.
Imam Abu Hanifah رحمه الله, Imam Shafi'T رحمه الله and Imam Ahmad رحمه الله hold that a father
must not be killed in retaliation. But, Imam Maalik alde>, holds that if a father slaughters
his son then he may be killed in retaliation, and if he kills him with a sword then retaliation
must not be seized from him. It must be remembered that the same command applies to a
mother as to a father. Grand parents whether paternal or maternal attract the same
command as father and mother do.
NEITHER FATHER NOR SON WILL BE PUNISHED FOR OTHER'S WRONG
(٣٤٧١) وَعَنْ أَبٍ رِمْتَةً قَالَ آتَيْتُ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَعَ آنِيْ فَقَالَ مَنْ هَذَا الَّذِى مَعَتَ قَالَ
ابْنِ إِشْهِدْ بِهِ قَالَ آَمَا إِنَّه لَا يَخْنِى عَلَيْكَ وَلَا تَجْنِيٍ عَلَيْهِ- رَ أَئُودَاودَ وَالنََّائِىُّ وَزَادَ فِيْ شَرُحِ السُّنَّةِ فِي آقَلِم
قَالَ دَخَلْتُ مَعَ آَبٍ عَلَى رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَرَأى آَبِ الَّذِى بِظَهْرٍ رَسُولِ اللهِ صَلَى اللّهُ عَلَيُّهِ
وَسَلَّمَ فَقَالَ دَعْنِى أُعَالِمُ الَّذِى بِظَهْرِكَ فَإِّ طَبِيْبْ فَقَالَ أَنْتَ رَفِيْقُ وَاللّهُ الطَِّئْبُ-
صلى الله narrated: I came to Allah's Messenger رضى الله عنه Sayyiduna Abu Rimthah .3471
Joke with my father. He asked, "Who is he with you?" He said, "My son! Be
witness to it." He said, "Know! He will not involve you (in punishment) because of
his sins, nor will you involve him because of your sins."
The version in Sharh us-sunnah (Proplet's صلى الله عليه وسلم practice) has these words too
in the beginning: Abu Rimthah wealso, narrated: I went in with my father to meet
Allah's Messenger صلى الله عليه وسلم. When my father observed what was on the back of
Allah's Messenger صلى الله عليه وسلم, (he did not realize that it was the seal of Prophet
hood, so) he said, "Let me treat what is on your back, because I am a physician." He
said, "You are but a rafiq. The Physician is only Allah."2
1 Tirmidhi # 1401, Ibn Majah # 2661, Darimi # 2357, Musnad Ahmad 1-16.
2 Abu Dawud # 4495, Nasai # 4832, Darimi # 2388, Musnad Ahmad 4-163, Sharh Sunnah (Prophet's
(practice صلى اللهعليه وسلم

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COMMENTARY: Ibn Rimthah رضى الله عنه asked the Prophet صلى الله عليه وسلم to bear witness that
the boy was his son. His purpose was to say that if he committed a wrong then his son
could be taken to task as was the custom during the jahiliyah (ignorance period). Father
and son could be called to account for one another's wrongs. But, Allah's Messenger and
jule made it clear to him that neither of them will have to answer for the other's wrongs.
That was an unjust custom during the jahiliyah (ignorance period).
,
Abu Rimthah's As an , father claimed to be a physician and a wise man. His words
smacked of poor intelligence and bad manners. The Prophet صلى الله عليه وسلم corrected him,
"You are only a rafiq," meaning, 'you only give a prescription on the outward condition
and are mild the patient and suggest what he should do and from what he should abstain.
But you have nothing in your power. Only Allah is the True Physician. He heals and
knows the inner condition. No one else, howsoever great, can give cure.'
SON LIABLE FOR FATHER'S QISAS
(٣٤٧٢) وَعَنْ عَمْرِو بُنِ شُعَيْبٍ عَنْ آَيْهِ عَنْ جَدِّمٍ عَنْ سُرَاقَةَ بْنِ مَالِكٍ قَالَ حَفَّرْتُ رَسُوْلَ اللّهِ صَلَّى اللهُ
عَلَيْهِ وَسَلَّمَ يُقِيْدُ الْأَبَ مِنِ ابْنِهِ وَلَا يُقِيِّدُ الْإِبْنَ مِنْ آَيُّهِ- رَوَاءُ التِّزْ مِذِىُّ وَضَعَّفَه۔
3472. Sayyiduna Amr ibn Shuayb & w, narrated from his father, from his grand
father that suraqah ibn Maalik us a +, narrated that he was present when Allah's
Messenger Lytle à L. would take retaliation from a son for his father, but he did
not take retaliation from a father for his son.1
COMMENTARY: If a son killed his father, then in retaliation the son was killed. But, if a
father killed his son, then he was not killed in retaliation but blood wit (or monetary
penalty) was taken from him.
IS THERE QISAS FROM FREEMAN FOR SLAVE
(٣٤٧٣) وَعَنِ الْحُسَنِ عَنْ سَمُرَةً قَالَ قَالَ رَسُولُ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ مَنْ قَتَلَ عَبْدَهُ قَتَلْنَاهُ وَمَنْ جَدَّةً
عَبْدَهُ جَدَعْنَاهُ- رَوَاهُ التِّرْ مِذِىُّ وَابَوُدَاؤدَ وَابْنُ مَاجَةً وَالدَّارِيُّ وَزَادَ النَّسَائِىُّ فِى رِوَايَةٍ أُخْرى وَمَنْ خَضى
عَبْدَهُ خَصَيْنَاهُ۔
3473. Sayyiduna Hasan (Busri)àla-, reported that (Sayyiduna) Samurah als, narrated
that Allah's Messenger ,,le al_Lo said. "If anyone kills his slave, then we shall kill
him (in retaliation) and if anyone maims his slave then we shall maim him.2
COMMENTARY: The prophet صلى الله عليه وسلم said this by way of a severe warning so that
people may desist from killing their slaves. It is like when a man did not give up wine in
spite of severe warning, so the Prophet صلى الله عليه وسلم said, "Kill him!" But when he was
brought to him, he did not kill him.
Some people say that the slave mentioned in this hadith is the one who was set free after
slavery. He is no more called a slave, but, here, reference is to his previous life.
1 Tirmidhi # 1405
2 Tirmidhi # 1419, Abu Dawud # 4516, Ibn Majah # 2664, Nasai # 4736, Darimi # 4736, Musnad
Ahmad 5-10.

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Some others say that this hadith stands abrogated by the verse:
اَهُّ بِالْخُرٍ وَالْعَبْدُ بِالْعَبْدِ الخ
{ ... the free man for the free man and the slave for the slave ... ](2: 178)
Imam Abu Hanifah antes, said that if anyone kills someone else's slave than he will be
killed in retaliation. But, he will not be killed in retaliation if he kills his own slave. The
other three imams hold that no free man will be killed in retalian for a slave whether his
own or another's. They cite the verse (2: 178) mention in the preceding lines.
Ibrahim Nakha'I als, and Sufyan Thawri alus, contend that a free man will be executed
for killing a slave belonging to him or to anyone else.
As for maiming, it is stated in Sharh us-sunnah (Prophet's صلى الله عليه وسلم practice) that all the
ulama (Scholars) agree that if a free man maims a slave then the free man will not be
maimed in retaliation.
This means that the words of the Prophet ,ya . in this hadith were either by way of a
serious warning or are abrogated.
MURDERER BE GIVEN IN THE CUSTODY OF HEIRS
(٣٤٧٤) وَعَنْ عَمْرِو بْنِ شُعَيْبٍ عَنْ آَيْهِ عَنْ جَدِّهِ أَّ رَسُولَ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ مَنْ قَتَلَ مُتَعَهِّدًا
دُفِعَ إِلَى أَوْلِيَاءِ الْمَقْتُوْلِ فَإِنْ شَاءُ وا قَتَلُوا وَإِنْ شَاءُ وًا آَخَذُوا الدِّيَّةَ وَهِىَ ثَلاثُونَ حِقَّةً وَثَلَاثُونَ
جَذَعَةً وَأَرْبَكُونَ خَلِفَةٌ وَمَا صَالَوْا عَلَيْهِ فَهُوَ لَّهُمْ- (رواه الترمذى)
3474. Sayyiduna Amr ibn Shuayb als, narrated from his father who from his grand
father that Allah's Messenger صلى الله عليه وسلم said, "If anyone slays a believer willfully
then he must be handed over to the heirs of the slain. They may kill him (in
retaliation) or take blood money (from him). It (blood money) is thirty she-camels
in their fourth year, thirty she-camels in their fifth year and forty pregnant camels,
and that which the heirs have decided with him. (The right of the heirs is as
mentioned but if they consent to a smaller amount then only that will be wajib
(obligatory) on the murderer.)1
COMMENTARY: Diyah, or blood wit is the compensation paid to the heirs for killing their
relative. Imam Shafi'I att-, and Imam Ahmad at, go by this hadith. Imam Abu Hanifah
alas, and Imam Abu Yusuf als, say that the one hundred camels of diyah should be made
up in this manner:
· Twenty five bint makhad,
·
Twenty five bint labun
· Twenty five bint hiqqah, and
· Twenty five bint jaza'ah.
صلى الله عليه that the Prophet رضى الله عنه They go by the hadith of Sayyiduna Sa'ib ibn Yazid
, had commanded that four kinds of camels should be given (against blood money). If
this hadith was sound, the sahabah (Prophet's Companions) ,ed +, would have acted on
it unanimously.
(The terms used in this commentary are explained here under: )
1 Tirmidhi # 1392, Abu Dawud # 4506, Ibn Majah # 2626, Musnad Ahmad 2-193.

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Bint makhad: she-camel in 2nd year.
Bint labun: she-camel in 3rd year
Hiqqah: She-camel in 4th year.
Jaza'ah: She-camel in 5th year
Ibn makhad: (he) camel in 3nd year
Khalifah: pregnant camel.
ALL MUSLIMS ARE EQUAL AS REGARDS QISAS & DIYAH
(٣٤٧٦٠٣٤٧٥) وَعَنْ عَلِيٍّ عَنِ النَّبِيِّ صَلّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ الْمُسْلِمُونَ تَتَكَا فَأَدِمَاءُ هُمْ وَيَسْمَى بِذِقَتِهِمُ ادْ
نَاهُمُ وَيَرُدُّ عَلَيْهِمْ أَقْضَاهُمْ وَهُمُ يَدُ عَلَى مَنْ سِوَاهُمْ أَلَّا لَّا يُقْتَلُ مُسْلِمْ بِكَافِرٍ وَلَّا ذُوْ عَهْدٍ فِيْ عَهْدِهِ رَوَاهُ
ابُوْدَاؤدَ وَالنَّسَائِىُّ وَرَوَاهُ ابْنُ مَاجَةً عَنِ ابْنِ عَبَّاسِ۔
3475. Sayyiduna Aali رضى الله عنه narrated that the Prophet صلى الله عليه وسلم said, "All Muslims
are equal in (the application of) qisas and diyah (retaliation and blood money). The
humblest of them may offer protection and the most distant holds a right, and all
Muslims are like one hand. (This means that all Muslims are helpers of each other
against non-Muslims. They must remain united against others as though parts of
one hand that work together.) And, beware! A Muslim must not be killed for an
unbeliever, and one who is under a covenant (meaning, a dhimmi) must not be
killed as long as he is under the covenant (and protection) .: 1
3476. Sayyiduna Ibn Abbas ucan+, narrated the same hadith.2
COMMENTARY: In seizing retaliation or paying blood money, all the Muslims are equal:
the noble and the humble, the young and the old, the learned and the ignorant, the rich and
the poor, and the male or female. There is no distinction in applying qisas and diyah. It is
not as was done during the jahiliyah (ignorance period) when an influential person could
not be executed in retaliation if he had killed a humble man, but a few men of his tribe who
were subordinate to him were put to death instead of him.
As for giving protection, even a humble Muslim may give protection to an infidel.
This humble Muslim may be a slave or a woman. When he extends protection to a non-
Muslim, all other Muslims are bound to honour it and protect the life and property of the
non-Muslim. They must not break the protection.
THE MOST DISTANT ....: The next sentence about the most distant holding a right could
be interpreted in two ways.
(i)
If a Muslim who resides far away from enemy territory has given protection to
an infidel, then it is not allowed to the Muslims who reside near the enemy
territory to violate this man's (covenant of) protection.
(ii)
When an army of the Muslims enters enemy territory and their
amir(Commander) dispatches one unit to another side and they (win and
collect some booty then that booty will not belong only to this unit but will be
shared by the entire army.
TILL UNDER COVENANT: The concluding words are 'as long as he is under the
1 Abu Dawud # 4530, Nasai # 4746, Musnad Ahmad 1-122.
2 Ibn Majah # 2683

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covenant' mean that till the infidel goes on paying the jizyah and remains a faithful citizen
of the Islamic state, he will be protected. No Muslim should kill him but must regard it as a
responsibility to protect him. This shows that in Islamic law a dhimmi's blood is as
precious as a Muslims. Hence, if a Muslim kills a dhimmi unjustly then the murderer
Muslim must be killed in retaliation. This is the contention of Imam Abu Hanifah ales).
· The words of the hadith that a Muslim may not be killed for an unbeliever refer to the
unbeliever at war not a dhimmi.
Thus, according to Imam Abu Hanifah aus), a Muslim must not be killed in retaliation for
a disbeliever at war (an enemy disbeliever), but a Muslim may be executed for a dhimmi
(in retaliation).
Imam Shafi'ia>, said that a Muslim may not be killed in retaliation for any disbeliever,
enemy at war or dhimmi.
RIGHT OF HEIRS OF THE SLAIN OR THE WOUNDED.
(٣٤٧٧) وَعَنْ أَبيِ شُرَيْحِ الْخُزَاعِيّ قَالَ سَمِعْتُ رَسُولَ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ يَقُولُ مَنْ أُصِيْبَ پِنِ آَوْ
خَبْلٍ وَالْحُبَلُ الْجُرُءُ فَهُوَ بِالْخِيَارِ بَيْنَّ إِحْدِىَ ثَلَاثٍ فَإِنْ أَرَادَ الرَّابِعَةَ فَخُذُوا عَلَى يَدَيْهِ بَيْنَّ أَنْ يَقْتَضَ
أَوْيَعْفُوَا أَوْ يَاخُذَ الْعَقْلَ فَإِنْ آَخَذَ مِنْ ذُلِكَ شَيْئًا تُؤَّ عَدَا بَعْدَ ذَلِكَ فَلَهُ النَّارُ خَالِدًا فِيْهَا مُخَلَّدًا آَبَدًّا-
(رواه الدارمى)
3477. Sayyiduna Abu Shurayh al-Khuza'I as a +, narrated that he heard Allah's
Messenger , + à o say, "If anyone is afflicted with a (relative's) killing
(unjustly) or a wound (by severing a limb, for instance), then he may choose one of
three things but if he demands (apart from these) a fourth thing, then hold him by
his hand (and prevent him from demanding the fourth thing. The three things are: )
(i) he may seize retaliation, (ii) he may forgive, or (iii) he may accept (monetary)
compensation. If he chooses one of these and afterwards asks for more (like having
forgiven, he then demands retaliation or compensation), he will go to hell to abide
therein for ever, never to be taken out."1
COMMENTARY: The concluding words in the Arabic text are (uluslu). They convey a
strong emphasis: for ever, abiding, never to come out. The emphasis is to warm strongly.
The same words were used in an earlier hadith (#3453).
ACCIDENTAL KILLING
(٣٤٧٨) وَعَنْ طَاؤُسٍ عَنِ ابْنِ عَبَّاسٍ عَنْ رَسُولِ اللّهِ صَلَى اللّهُ عَلَيْهِ وَسَلَّمَ قَالَ مَنْ قُتِلَ فِ عِقِيَّةٍ فِى رَمُيٍ
يَكُوُ بَيْنَهُمُ بِالْحِجَارَةِ آَوَجَلْدٍ بِالسِّيَاطِ أَوْ ضَرَبَ بِعَصَّا فَهُوَ خَطَأُ وَعَقُلُهُ عَقْلُ الْخُطَأْوَ مَنْ قَتَلَ عَبْدًا فَهُوَّ
قَوّادْ وَمَنْ حَالَ دُوْنَّه فَعَلَيْهِ لَعْنَهُ اللّهِ غَقَبُه لَا يُقْبَلُ مِنْهُصَرُفْ وَلَا عَدُلْ-(رواه ابوداود والنسائى)
3478. Sayyiduna Tawus رحمه الله reported that Ibn Abbas رضى الله عنه said that Allah's
Messenger صلى الله عليه وسلم said, "If anyone is killed by mistake when people throw
stones, or beat with whips, or strike with a stick (and the killer cannot be
1 Abu Dawud # 4496, Ibn Majah # 2623, Darimi # 2351

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identified), then this is an accidental death (and there is no sin committed because
it is not intentional). The diyah for it is as for an accidental killing.
And, if anyone kills deliberately, then retaliation becomes wajib (obligatory). If
anyone hinders the seizing of retaliation, then on him is Allah's curse and wrath and
neither his supererogatory acts nor his prescribed acts will be accepted from him.1
.
COMMENTARY: If anyone is surrounded by two warring groups or is a passerby, for
instance, and happens to be killed by a stone thrown by the disputants then no retaliation
is due but diyah as for accident will be payable. Here, stoning is mentioned as an example.
It could be anything else that causes death. The jurists call it (+) (shibh amd) or a quasi-
deliberate intent, Imam Abu Hanifah ales, defines it thus; "The killing that occurs with
something that is not sharp and such as normally death does not result from it.'
The two disciples.2
(of his) and Imam Shafi'I a>>, however, define shibh amd as a killing that results with
intent with such a thing which does not normally cause death. If death occurs with such a
thing that is used to kill generally then that is (ej=)(intentional killing - qatl amd).
Imam Abu Hanifah ane, says of the things mentioned in the hadith, (stone, stick) that they
are mentioned in their literal sense and maybe light weight or heavy. The two disciples
and Imam Shafi'I & >, maintain that these things mentioned in the hadith stand for
lightweight objects (not heavy).
In other words, if anyone is killed with something that is heavy, then according too:
(i)
Imam Abu Hanifah à us, qisas (or retaliation) is not wajib (obligatory), but &
.
according to
(ii)
The two disciples and Imam Shafi'i at, the forgoing explanation is valid.
If anyone obstructs the heirs of the slain person from demanding retaliation then he is
warned seriously that he calls for Allah's anger.
KINDS OF MURDER: The jurists say that there are five kinds of murder:
(i)
Qatl amd or willful killing.
(ii)
Qatl shibh amd or quasi-deliberate intent or murder that resembles
intentioned murder.
(iii)
Qatl Khata or accidental murder.
(iv)
Qatl jari mujri khata or accidental murder unknowingly.
(v)
Qatl bisabab or indirect murder.
These are elaborated here:
(I)WILLFUL OR DELIBERATE KILLING: A person is murdered with something that
snaps off the limbs. It may be a weapon or a stone, stick or a sharp-edged weapon with
a spark. The two disciples define willful killing thus: A person is slain intentionally
with such a thing with which a person is generally killed. One who commits wilful
murder is a great sinner. The punishment of this murder is qisas (which is to execute
the murderer in retaliation of the murdered) unless the heirs of the murdered person
forgive him, or agree to take the diyah (or monetary compensation). In this expiation
does not become wajib (obligatory).
1 Abu Dawud # 4540, Ibn Majah # 2635, Nasai # 4789
2 Imam Abu Yusuf als, and Imam Muhammad als,

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(II)QUASI-DELIBERATE INTENT OR MURDER THAT RESEMBLES INTENTIONAL
MURDER:
It is to deliberately strike someone with something other than the
aforementioned things (like a weapon or a sharp-edged thing, etc.). Even this kind of
killing (because of neglecting the best course and lack of prudence) is sinful. In this, there
is no retaliation but it is wajib (obligatory) on the tribe of the slayer to pay diyah
mughallazah (which is paying one hundred camels of four kinds.). However, if no one is
killed, but the person concerned is wounded then qisas is wajib (obligatory) in the sense that
if any limb of that person is severed then a corresponding limb of the person striking him
will be cut off.
(III) ACCIDENTAL MURDER: It is of two kinds.
(a) Accident is related to intention. For example, a hunter aimed at a game but that
turned out to be a man, or he aimed at an enemy but he was his own co-religionist,
a Muslim.
(b) Accident is related to a (wrong) action. For instance, a man aims at a target, but
misses and hits a man.
(IV)ACCIDENTAL MURDER UNKNOWINGLY: For example, a man might fall in his
sleep over another man who dies because of the crash. Expiation is binding in both cases:
(iii) accidental murder and (iv) accidental murder unknowingly. Also, diyah is wajib
(obligatory) on the tribe of the (accidental) murderer in both cases. Moreover, in these cases
(because of negligence) sin also is committed.
(V)INDIRECT MURDER: An example of this kind is that man has a well dug on
another person's land without his permission, or places a stone thereon. A passerby
falls in the well or stumbles on the stone and happens to die. In this case, diyah
becomes wajib (obligatory) on the tribe (of the man responsible for the accident).
However, no expiation is payable.
INHERITANCE: It must be known that in the first four cases, namely amd, shibh amd,
khata and jari mujri khata, the murderer is deprived of the inheritance of the murdered (if
he is an heir).
In the fifth kind, qatl bisabab, the murderer will not be deprived of inheritance of the
murdered.
KILLING THE MURDERER AFTER RECEIVING DIYAH IS UNPARDONABLE SIN
(٣٤٧٩) وَعَنُ جَابِرٍ قَالَ قَالَ رَسُولُ اللُّهِصَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ لَا أُخْفِى مَنْ قَتَلَ بَعْدَ آَخُذِ الدِّيَةِ-(رواه ابوداود)
3479. Sayyiduna Jabir رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said. "I
shall not forgive anyone (of the slain person's guardians or heirs) who kills (the
murderer) after receiving (from him) the diyah (blood money)." (Rather I shall kill
him in retaliation.)1
REWARD FOR FORGIVING ONE WHO WOUNDS
(٣٤٨٠) وَعَنْ أَبِ الذَّرْدَاءِ قَالَ سَمِعْتُ رَسُولَ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ يَقُوُلُ مَا مِنْ رَجُلٍ يُصَابُ بِشَىْءٍ فِى
جَهْدِ، فَتَصَدَّقَ بِهِ إِلََّ رَفَعَهُ اللّهُ بِهِ دَرَجَةٌّ وَحَظّ عَنْهُ خَطِئَةً - (رواه الترمذى وابن ماجة)
1 Abu Dawud # 4507, Musnad Ahmad 3-363

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3480. Sayyiduna Abu Ad-Dardas a+, narrated that he heard Allah's Messenger
say, "If anyone is wounded on his body and pardons it, then Allah raises صلى الله عليه وسلم
him a degree for it and removes from him a sin.1
(Tirmidhi part of lengthy hadith)
SECTION III
الفَضلُ القَّالِثُ
IT MUCH KILL RETRIBUTION WILL BE IMPOSED ON ALL
(٣٤٨١ - ٣٤٨٢) عَنُ سَعِيْدٍ بُنِ الْمُسَيَّبِ أَثَّ ◌ُمَرَ بُنَ الْخُطَّابٍ فَتَلَ نَفَرًّا خَمْسَةً أَوْ سَبْعَةً بِرَجُلٍ وَاحِدٍ قَتَلُوهُ
قَتْلَ غِيْلَةٍ وَقَالَ عُمَّرُ لَوْ تَمَالَّأَعَلَيْهِ أَهْلُ صَنْعَاءَ لَقَتَلْتُهُمُ جَمِيْهَا - رَوَاهُ مَالِكُ وَرَوَى الْبُخَارِئُّ عَنِ ابْنِ عُمَّرَ تَخُوَه۔
3481. Sayyiduna Sa'eed ibn Musayyib narrated that (Sayyiduna)Umar ibn Khattab
us ino, executed five or seven men who had killed one man treacherously. And he
said, "If the people of San'a had colluded to kill him, surely I would have killed
them all."2
3482. Sayyiduna Ibn Umar رضى اللهعنه narrated the like of it.3
COMMENTARY: Perhaps those killers belonged to San'a the present capital of Yemen.
Besides, the Arabs were used to name it to express a large number. This hadith is evidence
that all killers of one man will be subject to retribution.
THE MURDERED WILL NAB THE MURDERER & COMPLAIN TO ALLAH
(٣٤٨٣) وَعَنْ جُنْدُبٍ قَالَ حَدَّثَنِىْ فُلَاْ آَّ رَسُولَ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ تَجْءُ الْمَقْتُوُلُ بِقَاتِلِهُ
يَوْمَّ الْقِيَامَةِ فَيَقُولُ سَلْ هُذَا فِيْمَ قَتَلَنِيْ فَيَقُوْلُ قَتَلْتُّهُ عَلى مُلْكِ فُلَانٍ قَالَ جُنُدُبْ فَاتَّقِهَا-(رواه النسائى)
3483. Sayyiduna Junbub رضى الله عنه narrated tht a certain sahabi رضى الله عنه narrated to him
that Allah's Messenger صلى الله عليه وسلم said, "On the day of resurrection, the slain man
will bring the one who had slain him and say (to Allah), 'Ask him why he had slain
me?' He (the slayer) will say, 'I had killed him for the property of so-and-so.""
Jundubرضى الله عنه said, "Keep away from it!"
COMMENTARY: The slayer's words could also mean 'I had killed him in the territory of
so-and-so, but then the answer is not according to the question.
رضى said that Jundub رضى الله عنه advised people to refrain from killing Teebi رضى اله عنه Jundub
ne & had narrated this hadith to a king and had advised him to refrain from killing or
abetting in that.
WARNING AGAINST ASSISTING SLAYER
(٣٤٨٤) وَعَنْ أَبِيْ هُرَيْرَةَ قَالَ قَالَ رَسُوْلُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَنْ أَعَانَ عَلَى قَتْلٍ مُؤْمِنٍ شَطْرَ كَلِمَّةٍ لَّقِىَ
اللَّهُ مَكْتُوْبٌ بَيْنَ عَيْنَيْهِ أُبِسْ مِنْ رَحْمَةِ اللهِ- (رواه ابن ماجة)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .3484
1 Tirmidhi # 1398, Ibn Majah # 2693, Musnad Ahmad # 6899.
2 Mawatta Maalik # 13 (Uqul)
3 Bukhari # 6896
4 Nasai # 3998 (See commentary for alternative meaning

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said, "He who helps in killing a believer even by exhorting (the killcz) by half a
word (saying only ki instead of kill), will meet Allah with the inscription on his
forehead, 'Despairs of Allah's mercy.""1
COMMENTARY: Killing a Muslim is like disbelief in the gravity of sin it invites. The
words, 'despairs of Allah's mercy' suggest it, because of the verse:
لَا يَسْئِسُ مِنْ رَّوْجِ اللَّهِ إِلَّ الْقَوْمُ الْكَافِرُونَ
{ ... none but the unbelieving despair of the mercy of Allah.}(12: 37)
This man will be disgraced with this symbol among the people on the day of resurrection.
We must bear in mind that either these words spell a severe warning against such action or
they apply to one who abets in this crime and regards his doing as lawful.
HELPER OF KILLER 3F A RESTED
(٣٤٨٥) وَعَنِ ابْنِ عُمَرَ عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ إِذَا أَفْسَكَ الرَّجُلُ الرَّجُلَ وَقَتَلَهُ الْآخَرُ يُقْتَلُ
الَّذِىْ قَتَلَ وَيُحْبَسُ الَّذِى أَمْسَكَ- (رواه الدار قطنى)
3485. Sayyiduna Ibn Umar رضى اله عنه narrated that the Prophet صلى اللهعليهوسلم said, "When
a man clutches another man and yet another kills him, he who kills will be killed
and he who clutches him will be imprisoned."2
COMMENTARY: If a man holds a woman and another man rapes her, then the prescribed
punishment will not be imposed on the man who grabs her. In the same way, one who
clutches a person being killed is not awarded the punishment of qisas but he will be
awarded a discretionary punishment and put in prison for a length of time decided by the
« judge or ruler. This is as some exponents say. But, to hold a man so that he may be killed
is in fact abetting and helping in the crime and, in the light of another hadith, the
punishment for helping a killer is also qisas (retaliation). So, we might say that this
hadith(# 3485) is abrogated.
Shamni us ino, has written in Multaqa: If anyone throws a man before a lion or another
wild beast who kills him then neither qisas, nor diyah will be binding on the person who
throws him, but he will be imprisoned till he repents and will be beaten till his body aches.
1 Ibn Majah # 2620
2 Daraqytrin # 176

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CHAPTER - II
AD-DIYAAT(BLOOD WIT)
بَابُ الدِّيَاتِ
MEANING & KINDS OF DIYAH:
The word diyaat is the plural form of diyah. It
means 'monetary compensation.' Hence, diyah is the money that is paid in compensation
for ending someone's life or for wounding him physically, cutting off his limb (s). The
caption has the plural form diyaat to cover the many kinds of diyah.
There is a diyah to compensate for killing someone, or diyah nafs.
There is another diyah to compensate for wounding someone's limbs, or diyah a'da.
They are further classified as:
(1)
diyah mughallazah, and
(2)
diyah mukhaffafah.
(1)DIYAH MUGHALLAZAH: It is as described here.
They are one hundred she-camels as in this chart:
(i)
Bint Makhad (she-camel) of one year, begins her second year) - 25.
(ii)
Bint Labun (she-camel two years old in her third year) - 25.
(iii)
Hiqqah (she-camel three years old in her fourth year) - 25.
(iv)
Jadha'ah (she-camel four years old in her fifth year) - 25.
This is as Imam Abu Hanifah als, and Imam Abu Yusuf ales, say.
However, Imam Shafi'ials, and Imam Muhammad atus, describe the diyah mughallazah
in this way:
(i)
Hiqqah - 30 (she-camels in 4th year)
(ii)
Jadha'ah - 30 (she-camels in 5th year)
(iii)
Muthannah - 40 (she camels who have completed 5 years and are in their
6th year).
They must all be pregnant.
Diyah mughallazah is wajib (obligatory) on the person who has perpetrated qatl shibh 'and
or quasi deliberate intent or murder that resemble intentional murder.
(2)DIYAH MUKHAFFAFAH: is that if it is paid in gold then it is one thousand dinars. It
is paid in silver, then ten thousand dinars are paid. If camels are paid for it, then five kinds
of camels are paid to a total of one hundred, as in this chart:
(i)Ibn Makhad (He-camel in second year) - 20.
(ii)Bint Makhad (she-camel in 2nd year) - 20
(iv)
Bint Labun (she camel in 3rd year) - 20
(v)
Hiqqah (she camel in 4th year) - 20
(vi)
Jadha'ah (she camel in 5th year) - 20
Diyah mukhaffafah is wajib (obligatory) on a person who commits qatl khata or
accidental murder, or qatl jari mujri khata (accidental murder unknowingly) or qatl
bisabab(indirect murder).

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SECTION I
الفضل الآول
DIYAH FOR CUTTING OFF FINGER
(٣٤٨٦) عَنِ ابْنِ عَبَّاسٍ عَنِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ هذِهٍ وَهذِهِ سَوَاءٌ يَحْنِى الْجُنْصَرَ وَالْإِبْهَامَ - (رواه البخارى)
3486. Sayyiduna Ibn Abbas رضى الله عنه narrated that the Prophet صلى الله عليه وسلم said, "This
and this (meaning the little finger and the thumb to which he pointed) are equal,"
(as for as diyah is concerned.1
COMMENTARY: If anyone cuts off all the fingers or all the toes of a person, it will be wajib
(obligatory) on him to pay the entire diyah (one hundred camels). It comes to one-tenth for
each finger. There is no difference between thumb and little finger though it has three
pores against two of the thumb. There also is no difference in diyah of the right and left
hands. The diyah for each pore will be one-third of one-tenth, (for each finger) and the
diyah for each pore of a thumb will be half of one-tenth.
DIYAH FOR CHILD IN WOMB
(٣٤٨٧) وَعَنْ آَبٍ هُرَيْرَةَ قَالَ قَطَى رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فِي جَنِيْنِ امْرَأَةٍ مِنْ بَنِى ◌ِخِيَاَ سَقَّطَ مَئًِّّا
بِغُرَّةٍ عَبْدٍ أَوْ آَمَةٍ تُؤَّ إِّ الْمَرَأَةَ الَّتِيْ قَفِى عَلَيْهَا بِالْغُرَّةِ تُوَقِّيَتْ فَقَضَى رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ
بِاَكَّ مِيْرَاثَهَا لِبَنِيُّهَا وَزَوْجِهَا وَالْعَقْلَ عَلَى عَصَبَتِهَا- (متفق عليه)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Aby Hurayrah .3487
passed judgment when the child of a woman of Banu lihyan wa miscarried (or was
born dead) that it is wajib (obligatory) (on the tribe) to set free a ghurrah (which is a
slave, male or female of the best kind). Then, the woman on whom he had made it
binding (through her tribe) to emancipate a ghurrah died. So, he decreed that her
sons and husband should inherit from her but the diyah should be paid by her
asabah (paternal relatives).2
COMMENTARY: Two women quarrelled bitterly. One of them threw a stone at the other
who was pregnant. The stone hit her on her belly and should had a miscarriage.
As a consequence, diyah was imposed on the striker's aaqilah (tribe or family). If the child
was born alive and then died, or was born alive and she had struck the stone afterwards and
it had hit the child, killing him, then the entire diyah would have been wajib (obligatory).
Ghurrah is the whiteness on a horse's forehead. This word is applied also to a slave male
or female of white colour. In this hadith, it means simply a male or female slave. The
jurists say that ghurrah is one-twentieth of a diyah, or five hundred dirhams.
The word asabah in the hadith refers to aaqilah. They did not qualify for an inheritance on
account of that because if anyone is responsible to pay the diyah of a person it does not
entitle him to his legacy. Only the legal heir will get that.
Only the woman's sons and husband are named as her heirs. It is perhaps only they were
her surviving heirs, otherwise all living heirs are entitled to the inheritance as explicit in the
next hadith.
1 Bukhari # 6895, Tirmidhi # 1396, Abu Dawud # 4558, Ibn Majah # 2652, Nasai # 4837, Darimi #
2370.
2 Bukhari # 6909, Tirmidhi # 1410, Abu Dawud # 2597 Nasai # 4817.

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DIYAH (BLOOD WIT) IS WAJIB (OBLIGATORY) IF KILLED BY STONING
(٣٤٨٨) وَعَنْهُ قَالَ اِقْتَتَلَثُ إِمْرَأْ تَانٍ مِنْ هُزَّيْلٍ فَرَمَتُ إِحْدُهُمَا الْأُخْرِى بِحَجٍَ فَقَتَلَتُّهَا وَمَا فِيْ بَطْنِهَا
فَقَّى تَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ أَكّ دِيَّةَّ جَنِيْنِهَا غُرَّةٌ عَبْدْ أَوْ وَلِيْدَةٌ وَقَفِى بِدِيَةِ الْمَرْأَةِ عَلَى عَاقِلَتِهَا
وَوَرَّثَهَا وَلَدَهَا وَمَنْ مَعَهُمُ- (متفق عليه)
3488. Sayyiduna Abu Hurayrah ws a +, narrated that two women of Hudhayl
quarrelled one with the other. One of them threw a stone at the other killing her
and what was in her womb. Allah's Messenger , le alto judged that the blood-
wit for the child miscarried by her should be a ghurrah (male or female slave). He
also judged that the woman who was bound to pay the bloodwit should pay it and
that her suns and those with them would inherit her.1
COMMENTARY: Perhaps the previous hadith (# 3487) and this one speak of two
different events.
If anyone is killed on throwing a stone then diyah (bloodwit) becomes wajib (obligatory) not
qisas (retaliation). This killing was of the kind shibh amd (one that resembles intentional
murder). This is what Imam Abu Hanifahus &>, said. He believes that the stone was a
small stone. The other imams disagree with him.
(٣٤٨٩) وَنِ الْمُخِيُّرَةِ بْنِ شُعْبَةً أَكّ امْرَآتَيْنٍ كَانَتَا ضَرَّتَيْنِ فَرَمَتْ إِحْدَهْمًا الْأُخْرِى بِحِجَرٍ آوٍ عَمُوْدِ قُطَاطِ
فَأَلْقَتْ جَنِيْتَهَا فَقَفِى رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فِي الْجَنِيْنِ غُتَّةً عَبْدًا أَوْ أَمَةً وَجَعَلَهُ عَلَى عَبَةِ الْمَرْأَةِ هذِه
رِوَايَةُ التِّرْمِذِىُّ وَفِيْ رِوَايَةٍ مُسْلِيٍ قَالَ ضَرَبَتِ امْرَأَّةٌ ضَرَّقَّهَا بِعَمُوْدٍ فُسْطَاِطٍ وَهِىَ حُبْلِى فَقَتَّلَتْهَا قَالَ وَاحِدُهُمَا
◌ِيَانِيَّةٌ قَالَ فَجَعَلَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ دِيَّةَّ الْمَقْتُوْلَةٍ عَلَى عَصَبَةِ الْقَاتِلَةِ وَغُرَّةٌ لِمَا فِي بَطْنِهَا.
3489. Sayyiduna Mughirah رضى الله عنه ibn Shubah رضى الله عنه narrated that two women
were co-wives (of the same man). One of them threw a stone or a tent-pole on the
other (who was pregnant). She suffered a miscarriage. So, Allah's Messenger a.
the judged that diyah be paid for the miscarried child: a ghurrah (which is a
female or a male slave), making it wajib (obligatory) on the asabah (relatives on the
father's side) of the woman (who had struck the stone or tent pole).
According to another version: He (Mughirahus &+)) narrated that a woman struck
her fellow-wife who was pregnant with a tent-pole causing her death (and her
unborn child too). He said that one of the two women belonged to the Libyan (a
branch of the tribe Hudhayl). He (Mughirabusan>,) said that Allah's Messenger
duy ale is made the diyah for the slain woman wajib (obligatory) on the paternal
relatives of the woman who had killed and made the diyah of the child who was in
the womb of the woman (who was killed) a ghurrah (a male of female slave).2
COMMENTARY: This hadith also supports the contention of Imam Abu Hanifahal ,.
The killing was not classified as intentional, but one resembling intentional.
1 Bukhari # 6910, Muslim # 26-1681, Abu Dawud # 4576, Nasai # 4818, Musnad Ahmad 2-535,
Darimi # 2382, Duwatta Maalik # 5 uqul
2 Bukhari # 6905, Tirmidhi # 1411, Muslim # 28-1682 (second version)
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Imam Shafi'ials, said that the stone mentioned here was a small stone, and normally one
does not decide to kill anyone with a tent pole.
SECTION II
الفضلالغانى
THE DIYAH PAYABLE AGAINST QATL KHATA & SHIBH AMD
(٣٤٩٠ -٣٤٩١) عَنُ عَبْدِ اللّهِ ابْنِ عَمْرٍ وَكَّ رَسُولَ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ أَلَّا إِّ دِيَةَّ الْقُطْأِ شِبْهِ
الْعَمْدِ مَا كَانَ بِالشَوْطِ وَالْعَصَامِائَةٌ مِنَ الْإِبِلِ مِنْهَا آَرُبَهُوْنَ فِيْ بُكُوْنِهَا أَوْلَادُهَا - رَوَاهُ النَّسَائُّ وَابْنُ
مَاجَةً وَالدَّارِمِيُّ وَرَوَاهُ أَبُوُ دَا ؤدَ عَنْهُ وَعَنِ ابْنِ حُمَرَ وَفِي شَرْحِ السُّنَّةِ لَفْظُ الْمَصَابِيحُ عَنِ ابْنِ عُمَّرَ.
3490. Sayyiduna Abdullah رضى الله عنه ibn Amr رضى له عنه narrated that Allah's
Messenger صلى الله عليه وسلم said, "Know! The bloodwit for murder that resembles
intentional, as is committed with a whip or a stick, is one hundred camels, of
which forty must be pregnant."i
.. 3491. Sayyiduna Ibn Umar رضى الأه عنه (the same hadith.)2
COMMENTARY: This hadith in the masabih has these words:
آَلَّا إِثَّ فِي قَتْلِ الْعَمَدِ الْخُطَأْ بِالشُّوْطِ وَالْعَصَاءِ مِائَّةٌ مِنَ الْإِبِلِ مُغَلَّظَةً مِنْهَا أَرْبَعُوْن خَلَقَةٌ فِيْ بُطُونِهَا
آوْلَادُها
[Know! The accidental murder resembling the intentional that was perpetrated by a
whip or a stick has a blood wit of one hundred camels - diyah mughallazah. Forty
of the she-camels among them must be pregnant.]
In other words, the qatl 'amd khata' mentioned here means qatl khata' shibh 'aml as in the
foregoing version.
Murder is perpetrated deliberately, or by accident resembling intentionally.
(i)
Deliberate murder is by intention with a weapon or a sharp-edged tool
severing a limb, or collapsing.
(ii)
That which 'resembles the intentional' means to kill someone knowingly with
something that is not sharp-edged and not a weapon, whether it is used
generally to kill man or not.
.
(iii)
The accidental murder is to kill someone without intention or aim. These three ·
have found mention in the previous pages. This is to which the opinion of
Imam Abu Hanifah alves, conforms. He says that the stick mentioned in the
hadith is any kind of stick. It could be light-weight or heavy-weight.
Other imams say that it is a light-weight stick with which generally a person does not
commit murder. This is because they hold that to kill anyone with a heavy object with
which one can be killed is intentional killing.
In some versions, as in the foregoing one of Masabih, the word diyah is qualified by
mughallazah. Therefore, the-diyah of shibh amd (resembling deliberate) killing is
(mughallazah) severe: of four kinds of one hundred camels as wajib (obligatory). Their
detail is mentioned in the introductory portion of this chapter and it is the opinion of Ibn
1 Nasai # 4799, Ibn Majah # 2628, Daraqutai # 8(Diyat) Musnad Ahmad 2-11
2 Abu Dawud # 4547, (Ibn Amir), # 4548(Ibn Umar).