Qurayzah and Nadir (were two Jewish tribes). An-Nadir
were nobler than Qurayzah. When a man of Qurayzah killed a
man of an-Nadir, he would be killed. But if a man of
an-Nadir killed a man of Qurayzah, a hundred wasq of dates
would be paid as blood-money. When Prophethood was
bestowed upon the Prophet (peace_be_upon_him), a man of
an-Nadir killed a man of Qurayzah.
They said: Give him to us, we shall kill him. They
replied: We have the Prophet (peace_be_upon_him) between
you and us. So they came to him.
Thereupon the following verse was revealed: "If thou
judge, judge in equity between them." "In equity" means
life for a life.
The following verse was then revealed: "Do they seek of
a judgment of (the days) ignorance?"
I went to the Prophet (peace_be_upon_him) with my
father. The Apostle of Allah (peace_be_upon_him) then
asked my father: Is this your son? He replied: Yes, by the
Lord of the Ka'bah. He again said: Is it true? He said: I
bear witness to it. The Apostle of Allah (peace_be_upon_him)
then smiled for my resemblance with my father, and for the
fact that my father took an oath upon me. He then said: He
will not bring evil on you, nor will you bring evil on
him. The Apostle of Allah (peace_be_upon_him) recited the
verse: "No bearer of burdens can bear the burden of
another."
The Prophet (peace_be_upon_him) said: If a relative of
anyone is killed, or if he suffers khabl, which means a
wound, he may choose one of the three things: he may
retaliate, or forgive, or receive compensation. But if he
wishes a fourth (i.e. something more), hold his hands.
After this whoever exceeds the limits shall be in grave
penalty.
I never saw the Apostle of Allah (peace_be_upon_him)
that some dispute which involved retaliation was brought
to him but he commanded regarding it for remission.
A man was killed in the lifetime of the Prophet (peace_be_upon_him).
The matter was brought to the Prophet (peace_be_upon_him).
He entrusted him to the legal guardian of the slain. The
slayer said: Apostle of Allah, I swear by Allah, I did not
intend to kill him. The Apostle of Allah (peace_be_upon_him)
said to the legal guardian: Now if he is true and you kill
him, you will enter Hell-fire. So he let him go. His hands
were tied with a strap. He came out pulling his strap.
Hence he was called Dhu an-Nis'ah (possessor of strap).
I was with the Prophet (peace_be_upon_him) when a man
who was a murderer and had a strap round his neck was
brought to him.
He then called the legal guardian of the victim and
asked him: Do you forgive him?
He said: No. He asked: Will you accept the blood-money?
He said: No. He asked: Will you kill him? He said: Yes. He
said: Take him. When he turned his back, he said: Do you
forgive him? He said: No. He said: Will you accept the
blood-money? He said: No. He said: Will you kill him? He
said: Yes. He said: Take him. After repeating all this a
fourth time, he said: If you forgive him, he will bear the
burden of his own sin and the sin of the victim. He then
forgave him. He (the narrator) said: I saw him pulling the
strap.
AbuUmamah ibn Sahl said: We were with Uthman when he
was besieged in the house. There was an entrance to the
house. He who entered it heard the speech of those who
were in the Bilat. Uthman then entered it. He came out to
us, looking pale.
He said: They are threatening to kill me now. We said:
Allah will be sufficient for you against them, Commander
of the Faithful! He asked: Why kill me? I heard the
Apostle of Allah (peace_be_upon_him) say: It is not lawful
to kill a man who is a Muslim except for one of the three
reasons: Kufr (disbelief) after accepting Islam,
fornication after marriage, or wrongfully killing someone,
for which he may be killed.
I swear by Allah, I have not committed fornication
before or after the coming of Islam, nor did I ever want
another religion for me instead of my religion since Allah
gave guidance to me, nor have I killed anyone. So for what
reason do you want to kill me?
Narrated Sa'd ibn Dumayrah al-Aslami ; Dumayrah al-Aslami:
Ziyad ibn Sa'd ibn Dumayrah as-Sulami said on the
authority of his father (Sa'd) and his grandfather (Dumayrah)
(according to Musa's version) who were present in the
battle of Hunayn with the Apostle of Allah (peace_be_upon_him):
After the advent of Islam, Muhallam ibn Jaththamah al-Laythi
killed a man of Ashja'.
That was the first blood-money decided by the Apostle
of Allah (peace_be_upon_him) (for payment). Uyaynah spoke
about the killing of al-Ashja'i, for he belonged to
Ghatafan, and al-Aqra' ibn Habis spoke on behalf of
Muhallam, for he belonged to Khunduf. The voices rose
high, and the dispute and noise grew.
So the Apostle of Allah (peace_be_upon_him) said: Do
you not accept blood-money, Uyaynah?
Uyaynah then said: No, I swear by Allah, until I cause
his women to suffer the same fighting and grief as he
caused my women to suffer. Again the voices rose high, and
the dispute and noise grew.
The Apostle of Allah (peace_be_upon_him) said: Do you
not accept the blood-money Uyaynah? Uyaynah gave the same
reply as before, and a man of Banu Layth called Mukaytil
stood up. He had a weapon and a skin shield in his hand.
He said: I do not find in the beginning of Islam any
illustration for what he has done except the one that
"some sheep came on, and those in the front were shot;
hence those in the rear ran away". (The other example is
that) "make a law today and change it."
The Apostle of Allah (peace_be_upon_him) said: Fifty
(camels) here immediately and fifty when we return to
Medina. This happened during some of his journeys.
Muhallam was a tall man of dark complexion. He was with
the people. They continued (to make effort for him) until
he was released. He sat before the Apostle of Allah (peace_be_upon_him),
with his eyes flowing.
He said: Apostle of Allah! I have done (the act) of
which you have been informed. I repent to Allah, the
Exalted, so ask Allah's forgiveness for me. Apostle of
Allah!
The Apostle of Allah (peace_be_upon_him) then said: Did
you kill him with your weapon at the beginning of Islam. O
Allah! do not forgive Muhallam. He said these words
loudly.
AbuSalamah added: He (Muhallam) then got up while he
was wiping his tears with the end of his garment.
Ibn Ishaq said: His people alleged that the Apostle of
Allah (peace_be_upon_him) asked forgiveness for him after
that.
The Prophet (peace_be_upon_him) said: Then you,
Khuza'ah, have killed this man of Hudhayl, but I will pay
his blood-wit. After these words of mine if a man of
anyone is killed, his people will have a choice to accept
blood-wit or to kill him.
The Prophet (peace_be_upon_him) said: A believer will
not be killed for an infidel. If anyone kills a man
deliberately, he is to be handed over to the relatives of
the one who has been killed. If they wish, they may kill,
but if they wish, they may accept blood-wit
Ibn Shihab said: Jabir ibn Abdullah used to say that a
Jewess from the inhabitants of Khaybar poisoned a roasted
sheep and presented it to the Apostle of Allah (peace_be_upon_him)
who took its foreleg and ate from it. A group of his
companions also ate with him.
The Apostle of Allah (peace_be_upon_him) then said:
Take your hands away (from the food). The Apostle of Allah
(peace_be_upon_him) then sent someone to the Jewess and he
called her.
He said to her: Have you poisoned this sheep? The
Jewess replied: Who has informed you? He said: This
foreleg which I have in my hand has informed me. She said:
Yes. He said: What did you intend by it? She said: I
thought if you were a prophet, it would not harm you; if
you were not a prophet, we should rid ourselves of him
(i.e. the Prophet). The Apostle of Allah (peace_be_upon_him)
then forgave her, and did not punish her. But some of his
companions who ate it, died. The Apostle of Allah (peace_be_upon_him)
had himself cupped on his shoulder on account of that
which he had eaten from the sheep. AbuHind cupped him with
the horn and knife. He was a client of Banu Bayadah from
the Ansar.
A Jewess presented a roasted sheep to the Apostle of
Allah (peace_be_upon_him) at Khaybar.
He then mentioned the rest of the tradition like that
of Jabir (No. 4495). He said: Then Bashir ibn al-Bara' ibn
Ma'rur al-Ansari died. He sent someone to call on the
Jewess, and said to her (when she came): What motivated
you to do the work you have done? He then mentioned the
rest of the tradition similar to the one mentioned by
Jabir (No. 4495).
The Apostle of Allah (peace_be_upon_him) then ordered
regarding her and she was killed. But he (AbuSalamah) did
not mention the matter of cupping.
Muhammad ibn Amr said on the authority of AbuSalamah,
and he did not mention the name of AbuHurayrah: The
Apostle of Allah (peace_be_upon_him) used to accept
presents but not alms (sadaqah).
This version adds: So a Jewess presented him at Khaybar
with a roasted sheep which she had poisoned. The Apostle
of Allah (peace_be_upon_him) ate of it and the people also
ate.
He then said: Take away your hands (from the food), for
it has informed me that it is poisoned. Bishr ibn al-Bara'
ibn Ma'rur al-Ansari died.
So he (the Prophet) sent for the Jewess (and said to
her): What motivated you to do the work you have done?
She said: If you were a prophet, it would not harm you;
but if you were a king, I should rid the people of you.
The Apostle of Allah (peace_be_upon_him) then ordered
regarding her and she was killed. He then said about the
pain of which he died: I continued to feel pain from the
morsel which I had eaten at Khaybar. This is the time when
it has cut off my aorta.
Umm Mubashshir said to the Prophet (peace_be_upon_him)
during the sickness of which he died: What do you think
about your illness, Apostle of Allah (peace_be_upon_him)?
I do not think about the illness of my son except the
poisoned sheep of which he had eaten with you at Khaybar.
The Prophet (peace_be_upon_him) said: And I do not think
about my illness except that. This is the time when it cut
off my aorta.
The Prophet (peace_be_upon_him) Said: If anyone kills
his slave, we shall kill him, and if anyone cuts off the
nose of his slave, we shall cut off his nose.
A man came to the Prophet (peace_be_upon_him) crying
for help. He said: His slave-girl, Apostle of Allah! He
said: Woe to you, what happened with you ? He said that it
was an evil one. He saw the slave-girl of his master; he
became jealous of him, and cut off his penis. The Apostle
of Allah (peace_be_upon_him) said: Bring the man to me.
The man was called, but people could not get control over
him. The Apostle of Allah (peace_be_upon_him) then said:
Go away, you are free. He asked: Apostle of Allah! upon
whom does my help lie? He replied: On every believer, or
he said: On every Muslim.
The Apostle of Allah (peace_be_upon_him) killed a man
of Banu Nadr ibn Malik at Harrah ar-Righa' at the bank of
Layyat al-Bahrah. The transmitter Mahmud (ibn Khalid) also
mentioned the words along with the words "at Bahrah" "the
slayer and the slain were from among them". Mahmud alone
transmitted in this tradition the words "at the bank of
Layyah".
A man of the Ansar was killed at Khaybar and his
relatives went to the Prophet (peace_be_upon_him) and
mentioned that to him. He asked: Have you two witnesses
who can testify to the murderer of your friend? They
replied: Apostle of Allah! there was not a single Muslim
present, but only Jews who sometimes have the audacity to
do even greater crimes than this. He said: Then choose
fifty of them and demand that they take an oath; but they
refused and the Prophet (peace_be_upon_him) paid the
blood-wit himself.
The Prophet (peace_be_upon_him) said to the Jews and
started with them: Fifty of you should take the oaths. But
they refused (to take the oaths). He then said to the
Ansar: Prove your claim. They said: Do we take the oaths
without seeing, Apostle of Allah? The Apostle of Allah (peace_be_upon_him)
then imposed the blood-wit on the Jews because he (the
slain) was found among them.
Qays ibn Abbad and Ashtar went to Ali and said to him:
Did the Apostle of Allah (peace_be_upon_him) give you any
instruction about anything for which he did not give any
instruction to the people in general?
He said: No, except what is contained in this document
of mine. Musaddad said: He then took out a document. Ahmad
said: A document from the sheath of his sword.
It contained: The lives of all Muslims are equal; they
are one hand against others; the lowliest of them can
guarantee their protection. Beware, a Muslim must not be
killed for an infidel, nor must one who has been given a
covenant be killed while his covenant holds. If anyone
introduces an innovation, he will be responsible for it.
If anyone introduces an innovation or gives shelter to a
man who introduces an innovation (in religion), he is
cursed by Allah, by His angels, and by all the people.
Musaddad said: Ibn AbuUrubah's version has: He took out
a document.
The Apostle of Allah (peace_be_upon_him) said,
mentioning the tradition similar to the one transmitted by
Ali. This version adds: The most distant of them gives
protection as from all, those who are strong among them
send back (spoil) to those who are weak among them, and
their expeditions sending it back to those who are at
home.
The Prophet (peace_be_upon_him) sent AbuJahm ibn
Hudhayfah as a collector of zakat. A man quarrelled with
him about his sadaqah (i.e. zakat), and AbuJahm struck him
and wounded his head. His people came to the Prophet (peace_be_upon_him)
and said: Revenge, Apostle of Allah!
The Prophet (peace_be_upon_him) said: You may have so
much and so much. But they did not agree. He again said:
You may have so much and so much. But they did not agree.
He again said: You may have so much and so much. So they
agreed.
The Prophet (peace_be_upon_him) said: I am going to
address the people in the afternoon and tell them about
your consent.
They said: Yes. Addressing (the people), the Apostle of
Allah (peace_be_upon_him) said: These people of faith came
to me asking for revenge. I presented them with so much
and so much and they agreed. Do you agree?
They said: No. The immigrants (muhajirun) intended (to
take revenge) on them. But the Apostle of Allah (peace_be_upon_him)
commanded them to refrain and they refrained.
He then called them and increased (the amount), and
asked: Do you agree? They replied: Yes. He said: I am
going to address the people and tell them about your
consent. They said: Yes. The Prophet (peace_be_upon_him)
addressed and said: Do you agree? They said: Yes.
When the Apostle of Allah (peace_be_upon_him) was
distributing something, a man came towards him and bent
down on him. The Apostle of Allah (peace_be_upon_him)
struck him with a bough and his face was wounded. The
Apostle of Allah (peace_be_upon_him) said to him: Come and
take retaliation. He said: no, I have forgiven, Apostle of
Allah!.
I did not send my collectors (of zakat) so that they
strike your bodies and that they take your property. If
that is done with someone and he appeals to me, I shall
take retaliation on him. Amr ibn al-'As said: If any man
(i.e. governor) inflicts disciplinary punishment on his
subjects, would you take retaliation on him too? He said:
Yes, by Him in Whose hand my soul is, I shall take
retaliation on him. I saw that the Apostle of Allah (peace_be_upon_him)
has given retaliation on himself.
The Prophet (peace_be_upon_him) Said: The disputants
should refrain from taking retaliation. The one who is
nearer should forgive first and then the one who is next
to him, even if (the one who forgives) were a woman.
The Apostle of Allah (peace_be_upon_him) gave judgment
that if anyone is killed accidentally, his blood-wit
should be one hundred camels: thirty she-camels which had
entered their second year, thirty she-camels which had
entered their third year, thirty she-camels which had
entered their fourth year, and ten male camels which had
entered their third year.
The value of the blood-money at the time of the Apostle
of Allah (peace_be_upon_him) was eight hundred dinars or
eight thousand dirhams, and the blood-money for the people
of the Book was half of that for Muslims.
He said: This applied till Umar (Allah be pleased with
him) became caliph and he made a speech in which he said:
Take note! Camels have become dear. So Umar fixed the
value for those who possessed gold at one thousand dinars,
for those who possessed silver at twelve thousand (dirhams),
for those who possessed cattle at two hundred cows, for
those who possessed sheep at two thousand sheep, and for
those who possessed suits of clothing at two hundred
suits. He left the blood-money for dhimmis (protected
people) as it was, not raising it in proportion to the
increase he made in the blood-wit.
The Apostle of Allah (peace_be_upon_him) gave judgment
that blood-wit for those who possessed camels should be
one hundred camels, and for those who possessed cattle two
hundred cows, and for those who possessed sheep one
thousand sheep, and for those who possessed suits of
clothing two hundred suits, and for those who possessed
wheat something which the narrator Muhammad (ibn Ishaq)
did not remember.
The Apostle of Allah (peace_be_upon_him) fixed; and he
mentioned the tradition like that of Musa; he said: And
those who possess corn food should pay something which I
do not remember.
The Prophet (peace_be_upon_him) said: The blood-wit for
accidental killing should be twenty she-camels which had
entered their fourth year, twenty she-camels which had
entered their fifth year, twenty she-camels which had
entered their second year, twenty she-camels which had
entered their third year, and twenty male camels which had
entered their second year. It does not beyond Ibn Mas'ud.
(Musaddad's version has): The Apostle of Allah (peace_be_upon_him)
made a speech on the day of the conquest of Mecca, and
said: Allah is Most Great, three times. He then said:
There is no god but Allah alone: He fulfilled His promise,
helped His servant, and alone defeated the companies.
(The narrator said:) I have remembered from Musaddad up
to this.
Then the agreed version has: Take note! All the merits
mentioned in pre-Islamic times, and the claim made for
blood or property are under my feet, except the supply of
water to the pilgrims and the custody of the Ka'bah. He
then said: The blood-money for unintentional murder which
appears intentional, such as is done with a whip and a
stick, is one hundred camels, forty of which are pregnant.
Musaddad's version is more accurate.
The Prophet (peace_be_upon_him) said: The fingers are
equal and the teeth are equal. The front tooth and the
molar tooth are equal, this and that are equal.
The Apostle of Allah (peace_be_upon_him) would fix the
blood-money for accidental killing at the rate of four
hundred dinars or their equivalent in silver for townsmen,
and he would fix it according to the price of camels. So
when they were dear, he increased the amount to be paid,
and when cheap prices prevailed he reduced the amount to
be paid. In the time of the Apostle of Allah
(peace_be_upon_him) they reached between four hundred and
eight hundred dinars, their equivalent in silver being
eight thousand dirhams.
He said: The Apostle of Allah (peace_be_upon_him) gave
judgment that those who possessed cattle should pay two
hundred cows, and those who possessed sheep two thousand
sheep.
He said: The Apostle of Allah (peace_be_upon_him) said:
The blood-money is to be treated as something to be
inherited by the heirs of the one who has been killed, and
the remainder should be divided among the agnates.
He said: The Apostle of Allah (peace_be_upon_him) gave
judgment that for cutting off a nose completely there was
full blood-money, one hundred (camels) were to be paid. If
the tip of the nose was cut off, half of the
blood-money,i.e. fifty camels were to be paid, or their
equivalent in gold or in silver, or a hundred cows, or one
thousand sheep. For the hand, when it was cut of,f half of
the blood-money was to be paid; for one foot of half, the
blood-money was to be paid. For a wound in the head, a
third of the blood-money was due, i.e. thirty-three camels
and a third of the blood-money, or their equivalent in
gold, silver, cows or sheep. For a head thrust which
reaches the body, the same blood-money was to be paid. Ten
camels were to be paid for every finger, and five camels
for every tooth.
The Apostle of Allah (peace_be_upon_him) gave judgment
that the blood-money for a woman should be divided among
her relatives on her father's side, who did not inherit
anything from her except the residence of her heirs. If
she was killed, her blood-money should be distributed
among her heirs, and they would have the right of taking
revenge on the murderer.
The Apostle of Allah (peace_be_upon_him) said: There is
nothing for the murderer; and if he (the victim) has no
heir, his heir will be the one who is nearest to him among
the people, but the murderer should not inherit anything.
Muhammad said: All this has been transmitted to me by
Sulayman ibn Musa on the authority of Amr ibn Shu'ayb who,
on his father's authority, said that his grandfather heard
it from the Prophet (peace_be_upon_him).
The Prophet (peace_be_upon_him) said: Blood-wit for
what resembles intentional murder is to be made as severe
as that for intentional murder, but the culprit is not to
be killed. Khalid gave us some additional information on
the authority of Ibn Rashid: That (unintentional murder
which resembles intentional murder) means that Satan jumps
among the people and then the blood is shed blindly
without any malice and weapon.
Ibn Abbas said: Umar asked about the decision of the
Prophet (peace_be_upon_him) about that (i.e. abortion)
Haml ibn Malik ibn an-Nabighah got up and said: I was
between two women. One of them struck another with a
rolling-pin killing both her and what was in her womb. So
the Apostle of Allah (peace_be_upon_him) gave judgment
that the blood-wit for the unborn child should be a male
or a female slave of the best quality and that she should
be killed.
Tawus said: Umar stood on the pulpit. He then mentioned
the rest of the tradition to the same effect as mentioned
before. He did not mention "that she should be killed".
This version adds: "a male or a female slave". Umar then
said: Allah is Most Great. Had I not heard it, we would
have decided about it something else.
About the story of Haml ibn Malik, Ibn Abbas said: She
aborted a child who had grown hair and was dead, and the
woman also died. He (the Prophet) gave judgment that the
blood-wit was to be paid by the woman's relatives on the
father's side. Her uncle said: Apostle of Allah! She has
aborted a child who had grown hair. The father of the
woman who had slain said: He is a liar: I swear by Allah,
he did not raise his voice, or drink or eat. No
compensation is to be paid for an offence like this. The
Prophet (peace_be_upon_him) said: is it a rhymed prose of
pre-Islamic Arabia and its soothsaying? Pay a male or
female slave of the best quality in compensation for the
child.
One of the two women of Hudhayl killed the other, Each
of them had husband and sons. The Apostle of Allah
(peace_be_upon_him) fixed the blood-wit for the slain
woman to be paid by the woman's relatives on the father's
side. He declared her husband and the child innocent. The
relatives of the woman who killed said: We shall inherit
from her. The Apostle of Allah (peace_be_upon_him) said:
No, her sons and her husband should inherit from her.
A woman threw a stone at another woman and she aborted.
The dispute was brought to the Apostle of Allah
(peace_be_upon_him). He gave judgment that five hundred
sheep should be paid for her (unborn) child, and forbade
throwing stones.
The Apostle of Allah (peace_be_upon_him) gave judgment
about the slave who had made an agreement to purchase his
freedom (mukatab) and he had been killed that blood-wit is
paid for him at the rate paid for a free man so far as he
has paid the purchase money, and at the rate paid for a
slave as the remainder is concerned.
The Prophet (peace_be_upon_him) said: When a mukatab (a
slave who has made an agreement to purchase his freedom)
gifts blood-money or an inheritance, he can inherit in
accordance with the extent to which he has been
emancipated.
AbdulAziz ibn Umar ibn AbdulAziz said: Some people of
the deputation which came to my father reported the
Apostle of Allah (peace_be_upon_him) as saying: Any
physician who practises medicine when he was not known as
a practitioner before that and he harms (the patients) he
will be held responsible. AbdulAziz said: Here physician
does not refer to a man by qualification. it means opening
a vein, incision and cauterisation.
The Prophet (peace_be_upon_him) said: Musaddad's
version has: He addressed on the day of Conquest. The
agreed version then goes: Beware! Every object of pride of
pre-Islamic times, whether it is blood-vengeance or
property, mentioned or claimed, has been put under my feet
except supply of water to the pilgrims and custody of the
House (the Ka'bah). He then said: Beware! The blood-wit
for unintentional murder, such as is done with a whip and
stick, is one hundred camels, forty of which are pregnant.
A servant of some poor people cut off the ear of the
servant of some rich people. His people came to the
Prophet (peace_be_upon_him) and said: Apostle of Allah! we
are poor people. So he imposed no compensation on them.
The Prophet (peace_be_upon_him) said: If anyone is
killed blindly or, when people are throwing stones, by a
stone or a whip, his blood-wit is the blood-wit for an
accidental murder. But if anyone is killed intentionally,
retaliation is due. If anyone tries to prevent it, the
curse of Allah, of angels, and of all the people will rest
on him.