Confusion About The Hadeeth Of The
Blind Man Who Killed His Slave Woman Who Reviled The
Prophet (Peace And Blessings Of Allaah Be Upon Hm)
Islamic Rulings -
Living Shariah Verdicts
Islamic Questions & Answers
Could you please explain the background and
justification in the hadith Abu Dawud book 38 # 4348,
where a slave who insults the prophet is killed by her
master and is not punished. Is it because blood wit
could not go to the disbelievers family who may harm
the muslims?.
Praise be to Allaah.
The story referred to in the question was narrated by
Ibn ‘Abbaas (may Allaah be pleased with him) who said:
A blind man had a female slave who had borne him a
child (umm walad) who reviled the Prophet (peace and
blessings of Allaah be upon him) and disparaged him,
and he told her not to do that but she did not stop,
and he rebuked her but she paid no heed.
One night she started to disparage and revile the
Prophet (peace and blessings of Allaah be upon him),
so he took a dagger and put it in her stomach and
pressed on it and killed her. There fell between her
legs a child who was smeared with the blood that was
there.
The next morning mention of that was made to the
Prophet (peace and blessings of Allaah be upon him)
and he assembled the people and said: "I adjure by
Allaah the man who did this to stand up."
The blind man stood up and came through the people,
trembling, and he came and sat before the Prophet
(peace and blessings of Allaah be upon him). He said:
O Messenger of Allaah, I am the one who did it. She
used to revile you and disparage you, and I told her
not to do it but she did not stop, and I rebuked her
but she paid no heed. I have two sons from her who are
like two pearls, and she was good to me. Last night
she started to revile you and disparage you, and I
took a dagger and placed it on her stomach and I
pressed on it until I killed her.
The Prophet (peace and blessings of Allaah be upon
him) said: "Bear witness that no retaliation is due
for her blood."
Narrated by Abu Dawood (4361) and others. In the
answer to question no. 103739 we have explained that
the basis of this story is saheeh and that it has been
narrated in several versions which, when taken
together, indicate that the incident did indeed take
place, despite the variations in some reports.
This woman was not killed because she was a dhimmi,
rather it was because she reviled the Messenger of
Allaah (peace and blessings of Allaah be upon him), so
she deserved to be executed for that reason, and if
she was a Muslim, she became a kaafir by this action,
and deserved to be executed for that reason too.
Al-San'aani (may Allaah have mercy on him) said:
This report indicates that the one who reviles the
Prophet (peace and blessings of Allaah be upon him) is
to be executed and no blood money is to be paid for
him; if he is a Muslim his reviling of him (peace and
blessings of Allaah be upon him) is apostasy for which
he deserves to be executed. Ibn Battaal said: without
being asked to repent.
Subul al-Salaam (3/501).
We have previously quoted the view of Shaykh al-Islam
Ibn Taymiyah concerning the confusion about this story
in which the blind man killed this woman – who
deserved to be killed – without the permission of the
ruler. Please see the answer to question no. 103739.
This story is indicative of the justice with which the
Muslims dealt with the people of the Book, which was
enjoined in the sharee'ah of the Prophet (peace and
blessings of Allaah be upon him), who was a mercy to
the worlds. The rights of the Jews who are under
Muslim rule are guaranteed and protected, and it is
not permissible to transgress against them by causing
them any annoyance or harm. Hence when the people
found a Jewish woman who had been killed they were
alarmed and referred the matter to the Prophet (peace
and blessings of Allaah be upon him), who had made the
covenant with them and guaranteed them security, and
who did not take the jizyah from them. He got angry
and adjured the Muslims by Allaah to find out who had
done this deed, so that he could determine his
punishment and judge his case. But when he found out
that she had transgressed the covenant several times
by reviling the Messenger of Allaah (peace and
blessings of Allaah be upon him) and impugning him,
she forfeited all her rights and deserved the hadd
punishment of execution which is imposed by sharee'ah
on everyone who reviles the Prophet (peace and
blessings of Allaah be upon him), whether he is a
Muslim, a dhimmi or a mu'aahid (non-Muslim living
under Muslim rule), because impugning the status of
the Prophets is kufr or disbelief in Allaah the
Almighty, and a transgression of every sacred limit
and right and covenant, and a major betrayal which
deserves the greatest punishment.
See: Ahkaam Ahl al-Dhimmah (3/1398); and on our site
please see the answer to question no. 22809.
This is the correct understanding of this story. It is
not as many of those who hate and revile sharee'ah
rule and slander the character of the Prophet (peace
and blessings of Allaah be upon him) say. The Prophet
(peace and blessings of Allaah be upon him) did not
choose to kill her in this manner, but because she
deserved to be executed as a hadd punishment for
breaking the covenant and reviling the Prophet (peace
and blessings of Allaah be upon him), he did not
demand qisaas from her killer. She had said to him
many things reviling the Prophet (peace and blessings
of Allaah be upon him), time after time, and he told
her to stop but she did not stop, and he rebuked her
but she paid no heed, until he could no longer bear it
and he silenced the voice that insulted his religion
and his Prophet.
As for killing a dhimmi unlawfully, it is major sin,
and the warning concerning that is very stern, as was
proven in Saheeh al-Bukhaari (3166) from ‘Abd-Allaah
ibn ‘Amr (may Allaah be pleased with him) who narrated
that the Prophet (peace and blessings of Allaah be
upon him) said: "Whoever killed a mu'aahid will not
smell the fragrance of Paradise, although its
fragrance may be detected from a distance of forty
years' travel." Imam al-Bukhaari included this report
in a chapter in his Saheeh entitled "Chapter: the sin
of one who kills a mu'aahid unlawfully."
Al-Haafiz Ibn Hajar (may Allaah have mercy on him)
said: This is how he defined it in the heading. This
idea is based on the principles of sharee'ah and it is
also stated in the report of Abu Mu'aawiyah which
mentions it with the words, "unlawfully", and in the
hadeeth narrated by al-Nasaa'i and Abu Dawood from Abu
Bakrah with the words "Whoever kills a mu'aahid soul
that is not permissible, Allaah will deprive him of
Paradise."
End quote.
And Allaah knows best.
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