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Book 34 – Types of Blood-Wit

by I Need Allah

Chapter 1644: Life for life


Book 34, Number 4479:

Narrated Abdullah Ibn Abbas:

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?”


Chapter 1645: One should not be punished for wrong done by one’s brother or father


Book 34, Number 4480:

Narrated Abu Rimthah:

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.”


Chapter 1646: If authorities ask relatives of a slain to forgo their right, what should they do?


Book 34, Number 4481:

Narrated Abu Shurayh al-Khuza’i:

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.


Book 34, Number 4482:

Narrated Anas ibn Malik:

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.


Book 34, Number 4483:

Narrated Abu Hurayrah:

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).


Book 34, Number 4484:

Narrated Wa’il ibn Hujr:

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.


Book 34, Number 4485:

The tradition mentioned above has also been mentioned by ‘Alqamah b. Wa’il through a different chain of narrators and to the same effect.


Book 34, Number 4486:

Narrated Wa’il ibn Hujr:

A man brought an Abyssinian to the Prophet (peace_be_upon_him) and said: This man has killed my nephew. He asked: How did you kill him? He replied: I struck his head with an axe but I did not intend to kill him. He asked: Have you some money so that you pay his blood-wit? He said: No. He said: What is your opinion if I send you so that you ask the people (for money) and thus collect your blood-wit? He said: No. He said: Will your masters give you his blood-wit (to pay his relatives)? He said: No. He said to the man. Take him. So he brought him out to kill him. The Apostle od Allah (peace be upon him) said: If he kills him, he will be like him. This (statement) reached the man where he was listening t the statement. He said: He is here; order regarding him as you like. The Apostle of Allah (peace ber upon him) said: Leave him alone. And he once said: He will bear the burden of the sin of the slain and his own and thus he will become one of the companions of Hell. So let him go.


Book 34, Number 4487:

Narrated Uthman ibn Affan:

Abu Umamah 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?

Abu Dawud said: ‘Uthman and ‘Abu bakr (Allah be pleased with them) abandoned drinking wine in pre-Islamic times.


Book 34, Number 4488:

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.


Chapter 1647: If the legal heir of a man who has been killed intentionally agrees to accept blood-wit, the slayer will be asked to pay him.


Book 34, Number 4489:

Narrated AbuShurayb al-Ka’bi:

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.


Book 34, Number 4490:

Narrated Abu Hurairah :

When Mecca was conquered, the Apostle of Allah (may peace be upon him) got up and said: If a relative of anyone is killed, he will have the choice between the two: he (the slayer) will either pay the blood-wit or he will be killed. A man of the Yemen called Abu Shah stood up and said: Write for me, Apostle of Allah. The narrator al-‘Abbas (b. al-Walid) said: Write for me, (you people). The Apostle of Allah (may peace be upon him) said: Write (you people) for Abu Shah These are the wordings of the tradition of Ahmad.

Abu Dawud said: Write (you people), (or me, that is, the address of the Prophet (may peace be upon him).


Book 34, Number 4491:

Narrated Abdullah ibn Amr ibn al-‘As:

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.


Chapter 1648: KILLING THE SLAYER AFTER ACCEPTING BLOOD-WIT FROM HIM


Book 34, Number 4492:

Narrated Jabir ibn Abdullah:

The Prophet (peace_be_upon_him) said: I will not forgive anyone who kills after accepting blood-wit


Chapter 1649: IF A MAN GIVES ANOTHER POISON TO DRINK OR EAT, WILL RETALIATION BE TAKEN ON HIM OR NOT?


Book 34, Number 4493:

Narrated Anas b. Malik :

A Jewess brought a poisoned sheep to the Apostle of Allah (may peace be upon him), and be ate of it. She was then brought to the Apostle of Allah (may peace be upon him) who asked her about it. She said: I intended to kill you. He said: Allah will not give you control over it; or he said: over me. They (the Companions) said: Should we not kill her? He said: No. He (Anas) said: I always found it in the uvula of the Apostle of Allah (may peace be upon him).


Book 34, Number 4494:

Narrated Abu Hurairah :

A Jewess presented a poisoned sheep to the Prophet (may peace be upon him), but the Prophet (may peace be upon him) did not interfere with her.

Abu Dawud said: The Jewess who poisoned the Prophet (may peace be upon him) was sistef of Marhab.


Book 34, Number 4495:

Narrated Jabir ibn Abdullah:

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.


Book 34, Number 4496:

Narrated Abu Salamah:

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 (Abu Salamah) did not mention the matter of cupping.


Book 34, Number 4497:

Narrated Abu Hurairah :

The Apostle of Allah (may peace be upon him) would accept a present, but would not accept alms (sadaqah).


Book 34, Number 4498:

Narrated Abu Salamah:

Muhammad ibn Amr said on the authority of Abu Salamah, 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.


Book 34, Number 4499:

Narrated Umm Mubashshir:

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.

Abu Dawud said: Sometimes ‘Abd al-Razzaq transmitted this tradition, omitting the link of the Companion, from Ma’rnar, from al-Zuhri, from the Prophet (may peace be upon him), and sometimes he transmitted it from al-Zuhri from ‘Abd al -Rahman b. Ka’b b. Malik. ‘Abd al-Rahman mentioned that Ma’mar sometimes trans-mitted the tradition in a mursal form (omitting the link of the Companion), and they recorded it, and sometimes he transmitted it in a mursal form (with a perfect chain) and they recorded it. And all this is correct with us. ‘Abd al-Razzaq said: When Ibn al-Mubarak came to Ma’mar, he transmitted the traditions in a musnad form (with a perfect chain) which he transmitted as mauquf traditions (statements of the Companions and not of the Prophet).


Book 34, Number 4500:

‘Abd aa-Rahman b. ‘Abd Allah b. Ka’b b. Malik said on the authority of his mother that Umm Mubashshir said (Abu Sa’id b: al-A’rabi said: So he said it on the authority of his mother; what is correct is: on the authority of his father, instead of his mother): I entered upon the Prophet (may peace be upon him). He then men-tioned the tradition of Makhlad b. Khalid in a way similar to the tradition of Jabir. The narrator said: Then Bishr b. al-Bara’ b. Ma’rur died. So he (the Prophet) sent for the Jewess and said: What did motivate you for the work you have done? He (the narrator) then mentioned the rest of the tradition like the tradition of Jabir. The Apostle of Allah (may peace be upon him) ordered regarding her and she was killed. He (the narrator in this version) did not mention cupping.


Chapter 1650: IF A MAN KILLS HIS SLAVE OR CUTS OFF ONE OF HIS LIMBS, RETALIATION WILL BE TAKEN ON HIM


Book 34, Number 4501:

Narrated Samurah:

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.


Book 34, Number 4502:

Qatadah said through the same chain of narrators as mentioned before, i.e. Samurah reported the Apostle of Allah (may peace be upon him) as saying.: If one castrates his slave, we shall castrate him. He then mentioned the rest of the addition like that of Shu’bah and Hammad.

Abu Dawud said: Abu Dawud al-Tayalisi transmited it from Hisham like the condition of Mu’adh.


Book 34, Number 4503:

Qatadah transmitted the tradition mentioned above through a chain of narrators like that of Shu’bah. This version adds: Then al-Hasan forgot this tradition, and he used to say: A free man is not to be killed for a slave.


Book 34, Number 4504:

Narrated Abdullah ibn Amr ibn al-‘As:

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.

Abu Dawud said: The name of the man who was emancipated was Rawh b. Dinar.

Abu Dawud said: The man who cut off the penis was Zinba’.

Abu Dawud said: This Zinba’ Abu Rawh was master of the slave.


Chapter 1651: TAKING OATHS BY THE PEOPLE OF A LOCALITY REGARDING A MURDER THEREIN


Book 34, Number 4505:

Sahl b. Abi Hathmah and Rafi’ b. Khadij said :

Muhayyasah b. Mas’ud and ‘Abd Allah b. Sahl came to Khaibar and parted (from each other) among palm trees. ‘Abd Allah b. Sahl was killed. The Jews were blamed (for the murder). ‘Abd al-Rahman b. Sahl and Huwayyasah and Mubayyasah, the sons of his uncle (Mas’ud) came to the Prophet (may peace be upon him). ‘Abd al-Rahman, who was the youngest, spoke about his brother, but the Apostle of Allah (may peace be upon him) said to him: (Respect) the elder, (respect) the elder, or be said: Let the eldest begin. They then spoke about their friend and the Apostle of Allah (may peace be upon him) said: Fifty of you should take oaths regarding a man from them (the Jews) and he should be entrusted (to him) with his rope (in his neck). They said: It is a matter which we did not see. How can we take oaths? He said: The Jews exonerate themselves by the oaths of fifty of them. They said : Apostle of Allah! They are a people who are infidels. So the Apostle of Allah (may peace be upon him) paid them the bloodwit himself. Sahl said: Once I entered the resting place of their camels, and a she-camel struck me with her leg. Hammad said this or (something) similar to it.

Abu Dawud said: Another version transmitted by Yahya b. Sa’id has: Would you swear fifty oaths and make your claim regarding your friend or your slain man? Bishr, the transmitter, did mention blood. ‘Abdah transmitted it from Yahya -as transmitted by Hammad. Ibn ‘Uyainah has also transmitted it from Yahya, and began with his words: The Jews will exonerate themselves by fifty oaths which they will swear He did not mention the claim.

Abu Dawud said: This is a misunderstanding on the part of Ibn ‘Uyainah.


Book 34, Number 4506:

Sahl b. Abi Hathmah and some senior men of the tribe told that ‘Abd Allah b. Abi Sahl and Muhayyasah came to Khaibar on account of the calamity (i.e. famine) that befell them. Muhayyasah came and told that ‘Abd Allah b. Sahl had been killed and thrown in a well or a stream. He then came to the Jews and said: I swear by Allah, you have killed him. They said: We swear by Allah, we have not kill-ed him. He then proceeded and came to his tribe and mentioned this to them. Then he, his brother Huwayyasah, who was older than him, and ‘Abd al-Rahman b. Sahl came forward (to the Prophet). Muhayyasah began to speak. It was he who was at Khaibar. The Apostle of Allah (may peace be upon him) then said to him: Let the eldest (speak), let the eldest (speak), meaning age. So Huwayyasah spoke, and after him Mubayyasah spoke. The Apostle of Allah (may peace be upon him) then said: They should either pay the bloodwit for your friend or they should be prepared for war. So the Apostle of Allah (may peace be upon him) wrote to them about it. They wrote (in reply): We swear by Allah, we have not killed him. The Apostle of Allah (may peace be Upon him) then said to Huwayyasah, Muhayyasah and ‘Abd al -Rahman: Will you take an oath and thus have the claim to the blood of your friend? They said: No. He (the Prophet) said: The Jews will then take an oath. They said: They are not Muslims. Then the Apostle of Allah (may peace be upon him) himself paid the bloodwit. The Apostle of Allah (may peace be upon him) then sent on one hundred she-camels and they were entered in their house. Sahl said: A red she-camel of them gave me a kick.


Book 34, Number 4507:

Narrated Abdullah ibn Amr ibn al-‘As:

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”.


Chapter 1652: ABANDONMENT OF RETALIATION IN THE CASE OF QASAMAH (TAKING OATHS)


Book 34, Number 4508:

Bashir b. Yasir told that a man of the Ansar called Sahl b. Abu Hathmah told him that some people of his tribe went to Khaibar and separated there. They found one of them slain. They said to those with whom they had found him: You have killed our friend. They replied: We did not kill him, nor do we know the slayer. We (the people of the slain) then went to the Prophet of Allah (may peace be upon him). He said to them: Bring a proof against the one who has slain him. They replied: We have no proof. He said: Then they will take an oath for you. They said: We do not accept the oaths of the Jewr. The Apostle of Allah (may peace be’ upon him) did not like that no responsibility should be fixed for his blood. So he himself paid his bloodwit consisting of one hundred camels of sadaqah (i.e. camels sent to the Pro-phet as zakat).


Book 34, Number 4509:

Narrated Rafi’ ibn Khadij:

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.


Book 34, Number 4510:

‘Abd al-Rahman b. Bujaid said I swear by Allah, Sahl had a misunder-standing Abuut this tradition. The Apostle of Allah (may peace be upon him) wrote to the Jews: A slain man has been found amongst you, so pay his bloodwit. They wrote (to him): Swearing by Allah fifty oaths, we neither killed him nor do we know his slayer. He said: Then the Apostle of Allah (may peace be upon him) himself paid his bloodwit which consisted of one hundred she-camels.


Book 34, Number 4511:

Narrated Some men:

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.


Chapter 1653: RETALIATION SHALL BE TAKEN ON THE SLAYER WITH A STONE OR IN THE SAME MANNER AS HE KILLED


Book 34, Number 4512:

Narrated Anas :

A girl was found with her head crushed between two stones. She was asked: Who has done this to you? Is it so and so? Is it so and so, until a Jew was named, and she gave a sigh with her head. The Jew was caught and he admitted. So the Prophet (may peace be upon him) gave command that his head should be crushed with stones.


Book 34, Number 4513:

Narrated Anas:

A Jew killed a girl of the Ansar for her ornaments. He then threw her in a well, and crushed her head with stones. He was then arrested and brought to the Prophet (may peace be upon him). He ordered regarding him that he should be stoned to death. He was then stoned till he died.

Abu Dawud said.: It has been transmitted by Ibn Juraij from Ayyub in a similar way.


Book 34, Number 4514:

Narrated Anas:

A girl was wearing silver ornaments. A Jew crushed her head with a stone. The Apostle of Allah (may peace be upon him) entered upon her when she had some breath. He said to her: Who has killed you? Has so and so killed you? She replied: No, making a sign with her head. He again asked: Who has killed you? Has so and so killed you? She replied: No, making a sign with her head. He again asked: Has so and so killed you? She said: Yes, making a sign with her head. The Apostle of Allah (may peace be upon him) commanded regarding him, and he was killed between two stones.


Chapter 1654: SHOULD A MUSLIM BE KILLED FOR AN INFIDEL?


Book 34, Number 4515:

Narrated Ali ibn Abu Talib:

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.


Book 34, Number 4516:

Narrated Abdullah ibn Amr ibn al-‘As:

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.


Chapter 1655: IF A MAN FINDS SOMEONE WITH HIS WIFE, SHOULD HE KILL HIM?


Book 34, Number 4517:

Abu Hurairah told, that Sa’d b. ‘Ub�dah said: Apostle of Allah! if a man finds a man with his wife, should he kill him? The Apostle of Allah (may peace be upon him) said: No. Sa’d: Why not, by Him Who has honored you with truth? The Prophet (may peace be upon him) said: Listen to what your chief is saying. The narrator ‘Abd al-Wabhab said: (Listen) to what Sa’d is saying.


Book 34, Number 4518:

Abu Hurairah told that Sa’d b. ‘Ubadah said to the Apostle of Allah (may peace be upon him): “What do you think if I find with my wife a man; should I give him some time until I bring four witnesses?” He said: Yes.


Chapter 1656: IF SOMEONE IS INJURED ACCIDENTALLY BY THE COLLECTOR OF ZAKAT, WHAT SHOULD BE DONE?


Book 34, Number 4519:

Narrated Aisha, Ummul Mu’minin:

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.


Chapter 1657: TAKING RETALIATION WITHOUT A WEAPON OF IRON


Book 34, Number 4520:

Narrated Anas:

A girl was found with her head crushed between two stones. She was asked: Who did it with you? Was it so and so? Was it so and so? Until the Jew was named. Thereupon she gave a sign with her head. The Jew was arrested and he admitted. So the Prophet (may peace be upon him) gave command that his head should be crushed with stones.


Chapter 1658: RETALIATION FOR STRIKING AND GIVING RETALIATION BY A RULER ON HIMSELF


Book 34, Number 4521:

Narrated AbuSa’id al-Khudri:

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!


Book 34, Number 4522:

Narrated Umar ibn al-Khattab:

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.


Chapter 1659: FORGIVING RETALIATION BY WOMEN


Book 34, Number 4523:

Narrated ‘A’isha, Ummul Mu’minin:

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.

Abu Dawud said: I have been informed that forgiving by women in the case of murder is permissible if a woman were one of the heirs (of the slain). I have been told on the authority of Abu ‘Ubaid about the meaning of the word yanhajizu, that is, they should refrain from retaliation.


Chapter 1660: ON A PERSON WHO IS KILLED AMONG HIS PEOPLE AND HIS SLAYER IS NOT KNOWN


Book 34, Number 4524:

Tawus in his version said: If anyone is killed. Ibn ‘Ubaid in his version said: The Apostle of Allah (may peace be upon him) said: If anyone is killed in error (blind-ly) when people are throwing stones, or by beating with whips, or striking with a stick, it is accidental and the compensation for accidental death is due. But if anyone is killed deliberately, retaliation is due. Ibn ‘Ubaid said in his version: Retaliation of the man is due. The agreed version then goes: If anyone comes in (between the two parties) to prevent it, Allah’s curse and anger will rest on him, and neither supereroga-tory nor obligatory acts will be accepted from him. The version of the tradition of Sufyan is more perfect.


Book 34, Number 4525:

Ibn ‘Abbas reported the Apostle of Allah (may peace be upon him) as say-ing. He then mentioned the rest of the tradition to the same effect as mentioned by Sufyan.


Chapter 1661: THE AMOUNT OF BLOODWIT


Book 34, Number 4526:

Narrated Abdullah ibn Amr ibn al-‘As:

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.


Book 34, Number 4527:

Narrated Abdullah ibn Amr ibn al-‘As:

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.


Book 34, Number 4528:

Narrated Ata’ ibn Abu Rabah:

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.

Abu Dawud said: I read out to Sa’id b. Yaqub al-Taliqani who said: Abu Tumailah transmitted to us, saying: Muhammad b. Ishaq transmitted to us, saying: ‘Ata reported Jabir b. Abd Allah as saying: 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.


Book 34, Number 4529:

Narrated Abdullah ibn Mas’ud:

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.


Book 34, Number 4530:

Narrated Abdullah ibn Abbas:

A man of Banu Adi was killed. The Prophet (peace_be_upon_him) fixed his blood-wit at the rate of twelve thousand (dirhams).


Chapter 1662: BLOODWIT FOR ACCIDENTAL KILLING, THAT IS, QUASI-INTENTIONAL KILLING


Book 34, Number 4531:

Narrated Abdullah ibn Amr:

(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.


Book 34, Number 4532:

The tradition mentioned above has also been transmitted by Khalid through the same chain of narrators to the same effect.


Book 34, Number 4533:

The tradition mentioned above has also been transmitted by Ibn ‘Umar from the Prophet (may peace be upon him) to the same effect. This version has: The Apostle of Allah (may peace be upon him) addressed on the day of Conquest, or he said: On the conquest of Mecca on the ladder of the House or of the Ka’bah.

Abu Dawud said: In a similar way Ibn ‘Uyainah also transmitted it from ‘Ali b. Zaid, from al-Qasim b. Rabi’ah, from Ibn ‘Umar, from the Prophet (may peace be upon him); and Ayyub al-Sukhtiyani transmitted it from al-Qasim b. Rabi’ah from ‘Abd Allah b. ‘Amr like the tradition of Khalid. Hammad b. Salamah also transmit-ted it from ‘Ali b. Zaid, from Ya’qub al-Sadusi, on the authority of ‘Abd Allah b. ‘Amr from the Prophet (may peace be upon him). The statements of Zaid and of Abu Musa are similar to the tradition of the Prophet (may peace be upon him) and to the tradition of ‘Umar (Allah be pleased with him).


Book 34, Number 4534:

Narrated Mujahid:

‘Umar gave judgment that bloodwit for quasi-intentional murder should be thirty she-camels in their fourth year, thirty she-camels in their fifth year, and forty pregnant she-camels in their sixth year up to the ninth.


Book 34, Number 4535:

Narrated ‘Abd Allah (b. Mas’ud) :

The bloodwit for unintentional murder which resembles intentional is twenty-live she camels which had entered their fourth year, twenty-five she-camels which had entered their fifth year, twenty-five she-camels which had entered their third year, and twenty-five camels which bad entered their second year.


Book 34, Number 4536:

Narrated ‘Ali:

The bloodwit for unintentional murder is in four parts: twenty-five she-camels in their fourth year, twenty-five she-camels in their fifth year, twenty-five she-camels in their third year, and twenty-five she-camels in their second year.


Book 34, Number 4537:

Narrated ‘Uthman b. ‘Affan and Zaid b. Thabit :

The bloodwit for what resembled intentional murder should be forty pregnant she-camels in their fifth year, thirty she-camels in their fourth year, and thirty she-camels in their third year. The bloodwit for unintentional murder is thirty she-camels in their fourth year, thirty she-camels in their third year, and twenty she-camels in their second year.


Book 34, Number 4538:

Zaid b. Thabit said about the bloodwit for quasi-intentional murder…. He then mentioned a similar tradition as mentioned above.


Chapter 1663: AGES OF CAMELS


Book 34, Number 4539:

Abu Dawud said: Abu Dawud and others have said : When a she-camel enters her fourth year, the female is called hiqqah, and the male is called hiqq, for it deserves that it should be loaded and ridden. When a camel enters its fifth year, the male is called jadha’ and the female is called jadha’ah. When it enters its sixth year, and sheds its front teeth, it is called thani (male) and thaniyyah (female). When it enters its seventh year, it is called raba’ and raba’iyyah. When it enters its eighth year and sheds its teeth, it is known as sadis and sadis. When it enters its ninth year and cuts its canine teeth, it is called bazil. When it enters its tenth year, it is called mukh-lif. Then there is no name for it, but it is called balzilam and b�zil ‘�main, and mukhlif and mukhlif’amain, up to any year it increases. Nad b. Shumail said: Bint makhad is a she-camel of one year, and bint labun is a she-camel of two years, hiqqah is a she-camel of three years, jadha’ah is a she-camel of four years, thani is a camel of five years, raba’ is a camel of six years, sadis is a camel of seven years, and bazil is a camel of eight years.

Abu Dawud said: Abu Hatim and al-Asma’i said: A1-Jadhu’ah is a time when no tooth is growing? Abu Hatim said: Some of them said: When it sheds its teeth between front and canine teeth, it is called rAbu’ and when it sheds its front teeth, it is called thani. Abu Ubaid said: When it becomes pregnant, it is called khaliifah, and it remains khahifah for ten months; when it reaches ten months, it is called ‘uchara. Abu Hatim said: When it shed its front teeth, it is called thani and when it sheds its teeth between front and canine teeth it is called raba’.


Chapter 1664: BLOODWIT FOR LIMBS


Book 34, Number 4540:

Narrated Abu Musa:

The Prophet (peace_be_upon_him) said: The fingers are equal: ten camels for each finger.


Book 34, Number 4541:

Narrated Abu Musa al-Ash’ari:

The Prophet (peace_be_upon_him) said: The fingers are equal. I asked: Ten camels for each? He replied: Yes.

Abu Dawud said: Muhammad b. Ja’far transmitted it from Shu’bah, from Ghalib, saying: I heard Masruq b. Aws; and Isma’il transmitted it, saying: Ghalib al-Tammar transmitted it to me through the chain of Abu al-Walid ; and Hanzalah b. Abi Safyyah transmitted it from Ghalib through the chain of Isma’il.


Book 34, Number 4542:

Ibn ‘Abbas reported the Apostle of Allah (may peace be upon him) as saying: This and that are equal, that is, the thumb and the little finger.


Book 34, Number 4543:

Narrated Abdullah ibn Abbas:

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.

Abu Dawud said: Nadr b. Shumail transmitted it from Shu’bah to the same effect as mentioned by ‘Abd al-Samad.

Abu Dawud said: Al-Darimi narrated it to me from al-Nadr.


Book 34, Number 4544:

Narrated Abdullah ibn Abbas:

The Prophet (peace_be_upon_him) said: The teeth are equal, and the fingers are equal.


Book 34, Number 4545:

Narrated Abdullah ibn Abbas:

The Apostle of Allah (peace_be_upon_him) treated the fingers and toes as equal.


Book 34, Number 4546:

Narrated Abdullah ibn Amr ibn al-‘As:

The Prophet (peace_be_upon_him) said in his address while he was leaning against the Ka’bah: (The blood-wit) for each finger is ten camels.


Book 34, Number 4547:

Narrated Abdullah ibn Amr ibn al-‘As:

The Prophet (peace_be_upon_him) said: For each tooth are ten camels.

Abu Dawud said: I found in my notebook from Shaiban and I did not hear from him; Abu Bakr, a reliable friend of ours said: Shaiban – Muhammad b. Rashid – Sulaiman b. Musa – ‘Amr b. Shu’aib said that his grandfather, Abdullah ibn Amr ibn al-‘As said: 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).

Abu Dawud said: Muhammad b. Rashid, an inhabitant of Damascus, fled from Basrah escaping murder.


Book 34, Number 4548:

Narrated Abdullah ibn Amr ibn al-‘As:

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.


Book 34, Number 4549:

Narrated Abdullah ibn Amr ibn al-‘As:

The Prophet (peace_be_upon_him) said: Blood-wit for every wound which lays bare a bone is five camels.


Book 34, Number 4550:

Narrated Abdullah ibn Amr ibn al-‘As:

The Apostle of Allah (peace_be_upon_him) gave judgment that a third of the blood-wit should be paid for an eye fixed in its place.


Chapter 1665: BLOODWIT FOR AN UNBORN CHILD


Book 34, Number 4551:

Al-Mughirah b. Shu’bah said: A man of Hudhail had two wives. One of them struck her fellow-wife with a tent-pole and killed her and her unborn child. They brought the dispute to the Prophet (may peace be upon him). One of the two men said: How can we pay bloodwit for the one who did not make a noise, nor ate, nor drank, nor raised his voice? He (the Prophet) asked: Is it a rhymed prose like that of a bedouin? He gave judgment that a male or female slave of the best quality should be paid in compensation, and he fixed it to be paid by the woman’s relatives on her father’s side.


Book 34, Number 4552:

The tradition mentioned above has also been transmitted by Mansur through a different chain of narrators and to the same effect. This version adds: The Prophet (may peace be upon him) fixed the bloodwit for the slain woman to be paid by the relatives of the woman who had slain her, on the father’s side.

Abu Dawud said: In a similar way it has been transmitted by al-Hakam from Mujahid from al-Mughirah.


Book 34, Number 4553:

Al-Miswar b. Makhramah said: ‘Umar consulted the people about the compensation for Aburtion of a woman. Al-Mugbirah b. Shu’bah said: I was present with the Apostle of Allah (may peace be upon him) when he gave judgment that a male or a female slave should be paid in compensation for it. He said: Bring another man with you who should testify you. So he brought Muhammad b. Maslamah to him. Harun added: He then testified him.

Imlas means a man striking the belly of his wife.

Abu Dawud said: I have been informed that Abu ‘Ubaid said : It (Abortion) is called imlas because the woman causes it to slip before the time of delivery. Similarly, anything which slips from the hand or from some other thing is called malasa (slipped).


Book 34, Number 4554:

The tradition mentioned above has also been transmitted by ‘Umar through a different chain of narrators to the same effect.

Abu Dawud said: Hammad b. Zaid and Hammad b. Salamah transmitted it from Hisham b. ‘Arubah on his father’s authority who said that ‘Umar said.


Book 34, Number 4555:

Narrated Umar ibn al-Khattab:

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.

Abu Dawud said: Al-Nadr b. Shumail said: Mistal, means a rolling-pin.

Abu Dawud said: Abu ‘Ubaid said: Mista1 means a pole from the tent-poles.


Book 34, Number 4556:

Narrated Umar ibn al-Khattab:

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.


Book 34, Number 4557:

Narrated Abdullah ibn Abbas:

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.

Ibn ‘Abbas said: The name of one of them was Mulaikah, and the name of the other was Umm Ghutaif.


Book 34, Number 4558:

Narrated Jabir ibn Abdullah:

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.


Book 34, Number 4559:

Narrated Abu Hurairah:

Two women of Hudhail fought together and one of them threw a stone at the other and killed her. They brought their dispute to the Apostle of Allah (may peace be upon him) who gave judgment that a male or a female slave of the best-quality should be given as compensation for her unborn child, and he ‘fixed it to be paid by the woman’s relatives on the father’s side. He made her Sons and those who were with them her heirs. Hamal b. Malik b. al-Nabighah al-Hudhali said: Apostle of Allah! how should I be fined for one who has not drunk, or eaten, or spoken, or raised his voice ?-adding that compensation is not to be paid for such (an offence). The Apostle of Allah (may peace be upon him) said: This man simply belongs to the soothsayers on account of his rhymed prose which he his used.


Book 34, Number 4560:

Abu Hurairah said about this story: Then the woman, against whom he decided that a male or a female slave should be paid by her, died. The Apostle of Allah (may peace be upon him) then gave judgment that her sons will inherit from her, and that the bloodwit should be paid by her relatives on the father’s side.


Book 34, Number 4561:

Narrated Buraydah ibn al-Hasib:

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.

Abu Dawud said: The version of this tradition goes in this way, i.e. five hundred sheep. What is correct is one hundred sheep.

Abu Dawud said: ‘Abbas transmitted this tradition in this way, but it is a mis-understanding.


Book 34, Number 4562:

Narrated Abu Hurayrah:

The Apostle of Allah (peace_be_upon_him) gave judgment that a male or a female slave, or a horse or a mule should be paid for a miscarriage.

Abu Dawud said: Uammad b. Salamah and Khalid b. ‘Abd Allah transmitted this tradition from Muhammad b. ‘Amr, but they did not mention “or a horse or a mule”


Book 34, Number 4563:

Narrated Al-Sha’bi :

The price of a male or a female slave is five hundred dirhanis.

Abu Dawud said: Rabi’ah said: The price of a male or a female slave is fifty dinars.


Chapter 1666: BLOODWIT FOR A MUKATAB, A SLAVE WHO HAS MADE AN AGREEMENT TO PURCHASE HIS FREEDOM


Book 34, Number 4564:

Narrated Abdullah ibn Abbas:

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.


Book 34, Number 4565:

Narrated Abdullah ibn Abbas:

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.

Abu Dawud said: Wuhaib transmitted it from Ayyub, from ‘Ikrimah, on the authority of ‘Ali, from the Prophet (may peace be upon him): and Hammad b. Zaid and Isma’il have transmitted it in a murs�l form (i.e. the link of the Companion being missing) from Ayyub, from ‘Ikrimah, from the Prophet (may peace be upon him). Isma’il b. ‘Ulayyah has treated it as a statement of ‘Ikrimah.


Chapter 1667: BLOODWIT FOR A DHIMMI, A PROTECTED MAN, IN A MUSLIM COUNTRY


Book 34, Number 4566:

Narrated Abdullah ibn Amr ibn al-‘As:

The Apostle of Allah (peace_be_upon_him) said: The blood-wit for a man who makes a covenant is half of the blood-wit for a free man.

Abu Dawud said: It has been transmitted by Usamah b. Zaid al-Laithi and ‘Abd al-Rahman b. al-Harith on the authority of ‘Amr b. Shu’aib in a similar manner.


Chapter 1668: ON A MAN WHO FIGHTS AGAINST ANOTHER MAN WHO DEFENDS HIMSELF FROM HIM


Book 34, Number 4567:

Safwan b. Ya’la, on his father’s authority, said : A servant of mine fought with a man and bit his hand and he drew away his hand. (One of) his front teeth fell out. So he came to the Prophet (may peace be upon him) who imposed no retaliation for his tooth, saying: Do you intend that he leaves his hand in your mouth so that you crunch it like a mate camel? He said: Ibn Abi Mulaikah told me on the authority of his grandfather that Abu Bakr (Allah be pleased with him) imposed no retaliation on him for it, saying : May his tooth go away.


Book 34, Number 4568:

The tradition mentioned above has also been transmitted by Ya’la b. Umayyah through a different chain of narrators. This version has: The Prophet (may peace be upon him) said to the man who bit him: If you wish that you give him control aver your hand and he bites it, and then you drive it away from his mouth, (you may do it). He imposed no retaliation for his teeth.


Chapter 1669: ON A MAN WHO PRACTISES MEDICINE WITHOUT HAVING ITS KNOWLEDGE AND DOES HARM TO THE PATIENT


Book 34, Number 4569:

Narrated Abdullah ibn Amr ibn al-‘As:

The Apostle of Allah (peace_be_upon_him) said: Anyone who practises medicine when he is not known as a practitioner will be held responsible.

Abu Dawud said: This has been transmitted by al-Walid alone. We do not know whether it is sound or not.


Book 34, Number 4570:

Narrated Some people:

Abdul Aziz ibn Umar ibn Abdul Aziz 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.

Abd al-‘Aziz said: Here physician does not refer to a man by qualification. It means opening a vein, incision and cauterization.


Chapter 1670: BLOODWIT FOR UNINTENTIONAL MURDER WHICH RESEMBLES INTENTIONAL


Book 34, Number 4571:

Narrated Abdullah ibn Amr ibn al-‘As:

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.


Book 34, Number 4572:

The tradition mentioned above has also been transmitted by Khalid with a different chain of narrators to the same effect.


Chapter 1671: ON THE OFFENCE OF A SLAVE WHO BELONGS TO THE POOR PEOPLE


Book 34, Number 4573:

Narrated Imran ibn Husayn:

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.


Chapter 1672: ON A MAN WHO IS KILLED BLINDLY WHEN THE PEOPLE ARE FIGHTING WITH EACH OTHER


Book 34, Number 4574:

Narrated Abdullah ibn Abbas:

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.


Chapter 1673: ON AN ANIMAL WHICH KICKS WITH ITS LEG


Book 34, Number 4575:

Narrated Abu Hurayrah:

The Prophet (peace_be_upon_him) said: No recompense is to be demanded if one is kicked by an animal.

Abu Dawud said : An animal kicks someone with its leg while one is riding on it.


Chapter 1674: NO RETALIATION IS PAYABLE FOR A WOUND CAUSED BY A DUMB ANIMAL, FOR A MINE AND FOR A WELL


Book 34, Number 4576:

Narrated Abu Hurairah:

The Apostle of Allah (may peace be upon him) said: No retaliation is payable for a wound caused by a dumb animal, for a mine, and for a well. On the treasure found buried in the land there is a fifth.

Abu Dawud said : A dumb animal means an animal which is free and has no tether, and there is no one (as a watchman) with it. It causes harm by day and not by night.


Chapter 1675: THE SPREADING OF THE FIRE


Book 34, Number 4577:

Narrated Abu Hurairah:

The Prophet (peace_be_upon_him) said: No recompense may be demanded if the fire spreads.


Chapter 1676: RETALIATION FOR A TOOTH


Book 34, Number 4578:

Narrated Anas b. Malik :

Al-Rubayyi’, sister of Anas b. al-Nadr, broke (one of) the front teeth of a woman. They came to the Prophet (may peace be upon him). He made a decision in accordance with the Book of Allah that retaliation should be taken. Anas b. al-Nadr said: I swear by Him Who has sent you with truth, her front tooth will not be broken today. He replied: Anas! Allah’s decree is retaliation. flut the people were agreeable to accepting a fine, so the Prophet of Allah (may peace be upon him) said : Among Allah’s servants there are those who, if they adjured Allah, He (Allah) would consent to it.

Abu Dawud said: I heard Ahmad b. Hanbal say: He was asked: How retaliation of a tooth is taken? He said: It is broken with a file.


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