16. The Book on Blood Money

【1】

What Has Been Related About Blood Money, How Many Camels Is It?

Narrated Ibn Mas'ud: "The Messenger of Allah (ﷺ) judged for the accidental blood-Money: Twenty Bint Makhad, twenty make Ibn Makhad, twenty Bint Labunm twenty Jadha'ah, and twenty Hiqqah.(Another chain) with similar meaning. Narrated Amr bin Shu'aib: from his father, from his grandfather that the Prophet (ﷺ) said: "Whoever kills [a believer] deliberately, he is handed over to the guardians of the one killed. If they wish to, they have him killed, and if they wish to, they take the blood-money. That is thirty Hiqqah, thirty Jadha'ahs and forty pregnant camels. Whatever (amount more) they require from him, than that is for them (if they choose)." THat is because of the severity of blood-money.

【2】

What Has Been Related About Blood-Money, How Many Dirham Is It ?

Narrated 'Ikrimah: from Ibn 'Abbas that the Prophet (ﷺ) made the blood-money twelve thousand. (Another chain) from 'Ikrimah from the Prophet (ﷺ) and it is similar but he did not mention "from Ibn 'Abbas" in it.There is much more criticism than this for (this) narration of Ibn 'Uyainah.

【3】

What Has Been Related About The Mawadih [Wounds that expose a bone]

Narrated 'Amr bin Shu'aib: from his father, from his grandfather that the Prophet (ﷺ) said: "Regarding the Mawadih; five, five."

【4】

What Has Been Related About Blood-Money For Fingers

Narrated Ibn 'Abbas: that the Messenger of Allah (ﷺ) said: "The blood-money for the fingers on the hands and (the toes of) the feet is the same: Ten camels for each finger." Narrated Ibn 'Abbas: that the Prophet (ﷺ) said: "These and these are the same." referring to the little finger and thumb.

【5】

What Has Been Related About Pardoning

Narrated Abu As-Safar: "A man from the Quraish broke a tooth of a man from the Ansar. So he appealed to Mu'awiyah against him. He said to Mu'awiyah: 'O Commander of the Believers! This person broke one of my teeth.' Mu'awiyah said: 'We will try to get satisfaction for you.' And the other person insisted that Mu'awiyah get him to agree [but he was not satisfied]. So Mu'awiyah said him: 'It is up to your companion.' Abu Ad-Darda' was sitting with him, so Abu Ad-Darda said: 'I heard the Messenger of Allah (ﷺ) saying [he said: 'My ears heard and my heart remembered]: "There is no man who is struck in his body and he forgives for it, except that Allah raises him a level and removes a sin from him.'" The Ansari said: 'Did you hear that from the Messenger of Allah (ﷺ)?' He said: "My ears heard it and my heart remembered it.' He said: 'Then I will leave it to him.' Mu'awiyah said: 'Surely you should not suffer.' So he ordered that he be given some wealth."

【6】

What Has Been Related About One Whose Head Was Fractured With A Rock

Narrated Anas: that a girl went out in Al-Madinah wearing some silver ornaments. A Jew grabbed her and fractured her head with a stone, and he took the jewelry she had on. He said: "She was found with some spark of life in her, and was brought to the Prophet (ﷺ) and he said: 'Did such and such person strike you?' She nodded 'no' with her head. He said: 'Such and such?' until he named the Jew and she nodded 'yes' with her head." He said: "He was brought and recognized so the Messenger of Allah (ﷺ) ordered that his head be crushed between two stones."

【7】

What Has Been Related About The Gravity Of Killing A Believer

Narrated 'Abdullah bin 'Amr: that the Prophet (ﷺ) said: "The world ceases to exist is less significant to Allah than killing a Muslim man." (Another chain) from 'Abdullah bin 'Amr, and it is similar but he did not narrated it in Marfu' form.

【8】

Judgements For Cases Involving Bloodshed

Narrated 'Abdullah: that the Messenger of Allah (ﷺ) said: "Indeed the first cases to be judged between the people are those of bloodshed." 'Abdullah narrated that the Messenger of Allah (ﷺ) said: "Indeed the first cases to be judged between the worshippers are those of bloodshed." Narrated Abul-Hakam Al-Bajali: "I heard Abu Sa'eed Al-Khudri and Abu Hurairah mentioning from the Messenger of Allah (ﷺ) that he said: 'If the inhabitants of the heavens and the inhabitants of the earth all took part in shedding the blood of believer, then Allah would cast them (all) in the Fire."

【9】

What Has Been Related About A Man Who Kills His Son: Is He To Suffer Requital For Him Or Not ?

Narrated Suraqah bin Malik bin [Ju'shum]: "The Messenger of Allah (ﷺ) judged that the son is to suffer retaliation for [killing] his father, but the father is not to suffer retaliation for [killing] his son." Narrated 'Umar bin Al-Khattab: that the Messenger of Allah (ﷺ) said: "The father does not suffer retaliation for [killing] the son." Narrated Ibn 'Abbas: that the Prophet (ﷺ) said: 'The Hudud are not carried in the Masjid, and the father is not killed for the son."

【10】

What Has Been Related About 'The Blood Of A Muslim Man Is Not Lawful Except For One Of Three Cases'

Narrated 'Abdullah bin Mas'ud: that the Messenger of Allah (ﷺ) said: "The blood of a Muslim man, who testifies that none has the right to be worshipped Allah, is not lawful except for one of three cases: The (previously married or) married adulterer, a life for a life, and the one who leaves the religion and parts from the Jama'ah (the community of Muslims.)

【11】

What Has Been Related About One Who Kills A Mu'ahid

Narrated Abu Hurairah: that the Prophet (ﷺ) said: "Indeed, whoever kills a Mu'ahid that has a covenant from Allah and a covenant from His Messenger (ﷺ), then he has violated the covenant with Allah and the covenant of His Messenger, so he shall not smell the fragrance of Paradise; even though its fragrance can be sensed from the distance of seventy autumns."

【12】

Narrated Ibn 'Abbas: "The Prophet (ﷺ) assigned the same blood-money for the two 'Amiris as that of the Muslims, and they had covenant from the Messenger of Allah (ﷺ)."

【13】

What Has Been Related About The Guardian Of One Who Was Killed Deciding Between Qisas or Pardon

Narrated Abu Hurairah: "When Allah granted His Messenger (ﷺ) victory over Makkah, he stood (to deliver an address) among the people. He thanked and praised Allah, then he said: 'And from whomever (one of his relatives) was killed, then he has two options to choose from: Either to pardon or that he be killed.'" Narrated Abu Shuraih Al-Ka'bi: that the Messenger of Allah (ﷺ) said: "Indeed Allah made Makkah sacred, it was not made sacred by the people. Whoever believes in Allah, and the Last Day, then let them not shed blood in it, nor cut down any of its trees. If one tries to make an excuse by saying: 'It was made lawful for the Messenger of Allah (ﷺ)' then indeed Allah made it lawful for me but He did not make it lawful for the people, and it was only made lawful for me for an hour of a day. Then it is returned to being sacred until the Day of Judgement. Then, to you people of Khuza'ah who killed this man from Hudhail: I am his 'Aqil, so whomever (one of his relatives) is killed after today, then his people have two options; either they have him killed, or they take the blood-money from him.'" Narrated Abu Hurairah: "A man was killed during the time of the Messenger of Allah (ﷺ), so the killer was brought to the man's guardian. The killer said: 'O Messenger of Allah! By Allah! I did not mean to kill him.' So the Messenger of Allah (ﷺ) said: 'Then if what he is saying is true, and you kill him, you would enter the Fire.' So he let the man go." He said: "His hands were bound behind him with a Nis'ah." He said: "So he left, dragging his Nis'ah." [He said:] "So he was called Dhan-Nis'ah'."

【14】

What Has Been Related About The Prohibition of Mutilation

Narrated Buraidah: from his father who said: "Whenever the Messenger of Allah (ﷺ) dispatched a commander of an army he would exhort him personally; that he should have Taqwa of Allah, and regarding those of the Muslims who are with him; that he should be good to them. He would say: 'Fight in the Name of Allah and in Allah's curse. Fight those who disbelieve in Allah and fight, do not be treacherous, nor mutilate, nor kill a child." Narrated Shaddad bin Aws: that the Prophet (ﷺ) said: "Indeed Allah has decreed Ihsan in everything. So when you kill, then do the killing well, and when you slaughter, then do the slaughtering well. Let one of you sharpen his blade, and let him comfort his animal (before slaughtering)."

【15】

What Has Been Related About The Blood-Money For The Fetus

Narrated Abu Hurairah: "The Messenger of Allah (ﷺ) judged that a Ghurrah male slave or female slave be given in the case of a fetus. The one of the judgement was made against said: 'Should we give something for one who did not drink, not eat, nor cry out to shed a tear, the likes of which is useless?' So the Prophet (ﷺ) said: 'This is the speech of a poet. Rather it requires a Ghurrah: a male slave or a female slave.'" Narrated Al-Mughirah bin Shu'bah: "Two women co-wives, (were fighting), and one of them hit the other with a stone or a tent post, causing her to have a miscarriage. The Messenger of Allah (ﷺ) judged that a Ghurrah male or female slave should be given for fetus, and he required it from the Asabah of the woman."(Another Chain) for this Hadith [and it is similar to this].

【16】

What Has Been Related About: The Muslim Is Not Killed For The Disbeliever

Abu Juhaifah said: "I said to 'Ali: O Commander of the Believers! Do you have anything written that is not in Allah's Book?' He said: 'By the One Who splits the seed and creates the soul, I have not learned from it except what understanding of the Qur'an Allah gives to a man, and what is in this sheet of paper.' I said: 'What is in the paper?' He said: 'It is the 'Aql, the (ransom for) release of captives, and the judgement that no believer is killed for a disbeliever.'"

【17】

What Has Been Related About The Blood-Money For A Disbeliever

Narrated 'Amr bin Shu'aib: from his father, from his grandfather that the Messenger of Allah (ﷺ) said: "The Muslim is not killed for disbeliever."And with this chain, it has been narrated that the Prophet (ﷺ) said: "The blood-money paid for disbeliever is half of the blood-money paid for a believer."

【18】

What Has Been Related About A Man Who Killed His Slave

Narrated Samurah: that the Messenger of Allah (ﷺ) said: "Whoever kills his slave, then we will kill him, and whoever maims his slave, then we will maim him."

【19】

What Has Been Related About The Woman: Does She Inherit What Is Due Of Her Husband's Blood-Money

Narrated Sa'eed bin Al-Musayyab: that 'Umar would say: "The blood-money upon the tribe, and the wife does not inherit any of her husband's blood-money." Until Ad-Dahhak bin Sufyan Al-Kulabi informed him that the Messenger of Allah (ﷺ) wrote to me, that Ashaim Ad-Dibabi's wife inherited the blood-money of her husband.

【20】

What Has Been Related About Qisas

Narrated 'Imran bin Husain: "A man bit the hand of another man. The man who was bitten pulled his hand out, causing two of his incisors (teeth) to fall out. They brought their case of the Prophet (ﷺ). So he said: "One of you bites his brother like the stallion bites? There is no blood-money for you.' So Allah Most High revealed: Wounds, equal for equal."

【21】

What Has Been Related About Imprisoning For An Accusation

Narrated Bahz bin Hakim: from his father, from his grandfather, that the Prophet (ﷺ) imprisoned a man for an accusation, then he let him go.

【22】

What Has Been Related About: Whoever Is Killed Over His Wealth, Then He Is A Martyr

Narrated Sa'eed bin Zaid bin 'Amr bin Nufail: that the Prophet (ﷺ) said: "Whoever is killed over his wealth then he is a martyr. [And whoever steals a hand-span of land, he will bear seven earths on the Day of Resurrection.]" Narrated 'Abdullah bin 'Amr: that the Prophet (ﷺ) said: "Whoever is killed over his wealth, then he is martyr." Narrated 'Abdullah bin 'Amr: that the Messenger of Allah (ﷺ) said: "If someone tries to get another's wealth without right, and he fights and is killed, then he is a martyr." (Another chain of narration) from 'Abdullah bin 'Amr, from the Prophet (ﷺ) with similar meaning. Narrated Zaid: that he heard the Messenger of Allah (ﷺ) saying: "Whoever is killed over his wealth then he is a martyr, and whoever is killed over his religion, then he is a martyr, and whoever is killed over his blood, then he is martyr, and whoever is killed over his family, then he is martyr."

【23】

What Has Been Related About Al-Qasamah

Narrated Sahl bin Abi Hatamah: Yahya (one of the narrators) said: And I think it was from Rafi' bin Khadij - that 'Abdullah bin Sahl bin Zaid and Muhaiysah bin Mas'ud bin Zaid went out and when they reached Khaibar they separated while there. Then Muhayyisah found 'Abdullah bin Sahl murdered [so he buried him]. Then he went to the Messenger of Allah (ﷺ) along with Huwayyisah bin Mas'ud and Abdur-Rahman bin Sahl. The youngest of the people, Abdur-Rahman, went to speak ahead of his companions. The Messenger of Allah (ﷺ) said to him: "Let the eldest of you speak." So he was silent and two companions spoke. So he conversed with them and they mentioned to the Messenger of Allah (ﷺ) about the murder of 'Abdullah bin Sahl. He said to them: "If fifty of you can swear an oath then you will have the right against the murderer." They said: "How can we take an oath when we did not witness it?" He said: "Then fifty of Jews can swear to clear the charge with you?" They said: "How could we accept the oaths of a disbelieving people?" So when he saw that, the Messenger of Allah (ﷺ) paid the blood-money." (Another Chain) from Sahl bin Abi Hathman and Rafi' bin Khadij, and the meaning is similar to this Hadith.