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WorldOfIslam.info - Sunan Abu-Dawud
Sunan Abu-Dawud
Book 39 -
Types of Blood-Wit (Kitab
Al-Diyat)
Book 39, 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?"
Book 39, Number 4480:
Narrated AbuRimthah:
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."
Book 39, Number 4481:
Narrated AbuShurayh 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 39, 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 39, Number 4483:
Narrated AbuHurayrah:
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 39, 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 39, Number 4487:
Narrated Uthman ibn Affan:
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?
Book 39, 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.
Book 39, 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 39, 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
Book 39, Number 4492:
Narrated Jabir ibn Abdullah:
The Prophet (peace_be_upon_him) said: I will
not forgive anyone who kills after accepting blood-wit
Book 39, 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 39, Number 4496:
Narrated AbuSalamah:
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.
Book 39, Number 4498:
Narrated AbuSalamah:
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.
Book 39, 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.
Book 39, 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 39, 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.
Book 39, 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".
Book 39, 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 39, 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.
Book 39, Number 4515:
Narrated Ali ibn AbuTalib:
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 39, 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.
Book 39, 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.
Book 39, 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 39, 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.
Book 39, Number 4523:
Narrated Aisha, 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.
Book 39, 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 39, 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 39, Number 4528:
Narrated Ata' ibn AbuRabah:
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.
Book 39, Number 4528A:
Narrated Jabir ibn Abdullah:
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 39, 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 39, 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).
Book 39, 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 39, Number 4540:
Narrated AbuMusa:
The Prophet (peace_be_upon_him) said: The
fingers are equal: ten camels for each finger.
Book 39, Number 4541:
Narrated AbuMusa al-Ash'ari:
The Prophet (peace_be_upon_him) said: The
fingers are equal. I asked: Ten camels for each? He replied: Yes.
Book 39, 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.
Book 39, Number 4544:
Narrated Abdullah ibn Abbas:
The Prophet (peace_be_upon_him) said: The
teeth are equal, and the fingers are equal.
Book 39, Number 4545:
Narrated Abdullah ibn Abbas:
The Apostle of Allah (peace_be_upon_him)
treated the fingers and toes as equal.
Book 39, 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 39, Number 4547:
Narrated Abdullah ibn Amr ibn al-'As:
The Prophet (peace_be_upon_him) said: For
each tooth are ten camels.
Book 39, Number 4547A:
Narrated Abdullah ibn Amr ibn al-'As:
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).
Book 39, 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 39, 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 39, 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.
Book 39, 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.
Book 39, 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 39, 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.
Book 39, 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 39, 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.
Book 39, Number 4562:
Narrated AbuHurayrah:
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.
Book 39, 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 39, 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.
Book 39, 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.
Book 39, 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.
Book 39, Number 4570:
Narrated Some people:
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.
Book 39, 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 39, 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.
Book 39, 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.
Book 39, Number 4575:
Narrated AbuHurayrah:
The Prophet (peace_be_upon_him) said: No
recompense is to be demanded if one is kicked by an animal.
Book 39, Number 4577:
Narrated AbuHurayrah:
The Prophet (peace_be_upon_him) said: No
recompense may be demanded if the fire spreads.
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