The Book Pertaining to the Oath; for Establishing the Responsibility of Murders; Fighting; Requital

Safwan b. Ya'la b. Umayya thus reported from his father: I participated in the expedition to Tabuk with Allah's Apostle (may peace be upon him). And Ya'la used to say: That was the most weighty of my deeds, in my opinion. Safwan said that Ya'la had stated: I had a servant; he quarrelled with another person, and the one bit the hand of the other. ('Ata' said that Safwan had told him which one had bitten the hand of the other.) So he whose hand was bitten drew ill from (the mouth) of the one who had bitten it and (in this scuffle) one of his foreteeth was also drawn out. They both came to Allah's Apostle (may peace be upon him) and he declared his (claim for the compensation of) tooth as invalid.

This hadith has been narrated on the authority of Juraij with the same chain of transmitters.

Anas reported that Umm Haritha, the sister of Rubayyi' (she was the father's sister of Hadrat Anas) injured a person (she broke his teeth). The dispute was referred to Allah's Apostle (may peace be upon him). Allah's Messenger (may peace be upon him) said: Retribution, retribution. Umm Rubayyi' said: Messenger of Allah, will retribution be taken from so and so? By Allah, it shall not be taken from her (i. e. from Umm Haritha). Thereupon Allah's Apostle said: Hallowed be Allah. O Umm Rubayyi', Qisas (retribution is a command, prescribed) in the Book of Allah. She said: No, by Allah, Qisas will never be taken from her; and she went on saying this until they (the relatives of the one who had been injured) accepted the blood-wit. Thereupon Allah's Messenger (may peace be upon him) said: Verily there are amongst the servants of Allah (such pious persons) who, if they take oath of Allah, He honours it.

'Abdullah (b. Mas'ud) reported Allah's Messenger (may peace be upon him) as saying: It is not permissible to take the life of a Muslim who bears testimony (to the fact that there is no god but Allah, and I am the Messenger of Allah, but in one of the three cases: the married adulterer, a life for life, and the deserter of his Din (Islam), abandoning the community.

This hadith has been narrated on the authority of A'mash.

'Abdullah (b. Mas'ud) reported: Allah's Messenger (may peace be upon him) stood up and said: By Him besides Whom there is no god but He, the blood of a Muslim who bears the testimony that there is no god but Allah, and I am His Messenger, may be lawfully shed only in case of three persons: the one who abandons Islam, and deserts the community [Ahmad, one of the narrators, is doubtful whether the Holy Prophet (may peace be upon him) used the word li'l-jama'ah or al-jama'ah), and the married adulterer, and life for life.

This hadith has been reported on the authority of A'mash with the same chain of narrators but with a slight variation of words, i. e. he did not say: By Him besides Whom there is no god.

'Abdullah (b. Mas'ud) reported: Allah's Apostle (may peace be upon him) having said: No person who is killed unjustly, but the share of (this offence of his also) falls upon the first son of Adam, for he was the first to introduce killing.

This hadith has been narrated on the authority of Jarir and 'Isa b. Yunus with a slight variation of words.

'Abdullah b. (Mas'ud) reported Allah's Messenger (may peace be upon him) as saying: The first (thing) that will be decided among people on the Day of Judgment will pertain to bloodshed.

This hadith has been narrated on the authority of 'Abdullah through another chain of transmitters with a slight variation of words.

Abu Bakra reported that (in the Farewell Address) Allah's Apostle (may peace be upon him) said: Time has completed a cycle and come to the state of the day when Allah created the heavens and the earth. The year is constituted of twelve months, of which four are sacred; three of them consecutive, viz. Dhu'l-Qa'da, Dhu'l- Hijja and Muharram, and also Rajab the month of Mudar which comes between Jumada and Sha'ban. He (the Holy Prophet) then said: which month is this? We said Allah and His Messenger know best. He (the narrator) said: He (the Holy Prophet) remained silent for some time until we thought that he would give it a name other than that (by which it was known). He said: Is it not Dha'l-Hijja? We said: Yes. He (the Holy Prophet) said: Which city is this? We said: Allah and His Messenger know best. He (the Holy Prophety remained silent until we thought that he would give it another name. He (the Holy Prophet) said: Is it not the Balda (the city of Mecca)? We said: Yes. He said: What day is this? We said: Allah and His Messenger know best. He (the Holy Prophet) remained silent until we thought that he would give it another name. He said: Is it not the Day of Sacrifice? We said: Allah's Messenger. yes. Thereupon he said: Your blood, your property (Muhammad, one of the narrators, said: I think, he also said this) and your honour are sacred to you like the sacredness of this day of yours, in this city of yours, and in this month of yours. You will soon meet your Lord and He will ask you about your deeds. So do not turn after me unbelievers (or misguided), some of you striking the necks of the others. Behold I let him who is present convey to him who is absent, for many a one whom a message is conveyed has a more retentive memory than one who hears. He again said: Behold! have I not delivered (the message) to you? This hadith has been narrated through another chain of transmitters, but with a slight variation of words.

Abu Bakra reported that when it was that day (the 10th of Dhu'l-Hijja) he mounted his camel and a person caught its nosestring, whereupon he said: Do you know which day is this? They said: Allah and His Messenger know best. (The Holy Prophet [may peace be upon him] kept silent) until we thought that he would give that another name. He said: Is it not the day of Nahr (Sacrifice) (10th of Dhu'l- Hijja)? We said: Allah's Messenger, yes. He (again) said: Which month is it? We said: Allah and His Messenger knows best. He said: Is it not Dhu'l-Hijja? We said: Allah's Messenger, yes. He said: Which city is this? We said: Allah and His Messenger know best. He (the narrator) said (that the Holy Prophet kept silent until we thought that he would give it another name besides its (original) name. He said: Is it not Balda (the city of Mecca)? We said: Yes, Allah's Messenger. He (then) said: Verily your blood (lives) and your property and your honour are as sacred unto you as sacred is this day of yours, in this month of yours, in this city of yours. Let him who is present convey it to one who is absent. He then turned his attention towards two multicoloured (black and white) rams and slaughtered them, and two goats, and distributed them amongst us.

Abu Bakra reported that when it was the day of (Dhu'l-Hijja) Allah's Apostle (may peace be upon him) mounted the camel and addressed and a person had been holding its nosestring. The rest of the hadith is the same.

This hadith has been narrated on the authority of Abu Bakra through another chain of transmitters (and the words are): " Allah's Messenger (may peace be upon him) addressed us on the day of Nahr (Sacrifice) and said: What day is this? And the rest of the hadith is the same except that he did not make mention of" your honour," and also did not make mention of this: He then turned his attention towards two rams and what follows, and in a hadith (the words pertaining to sacred- ness are recorded in this way):" Like the sacredness of this day of yours, in this month of yours, in this city of yours to the day when you will meet your Lord. Behold, have I not conveyed (the Message of God)? They said: Yes. He said: O Allah, bear witness."

'Alqama b. Wa'il reported on the authority of his-father: While I was sitting in the company of Allah's Apostle (may peace be upon him), a person came there dragging another one with the help of a strap and said: Allah's Messenger, this man has killed my brother. Allah's Messenger (may peace be upon him) said to him: Did you kill him? And the other man said: (In case he did not make a confession of this, I shall brine, a witness against him). He (the murderer) said: Yes, I have killed him. He (the Holy Prophet) said: Why did you kill him? He said: I and he won striking down the leaves of a tree and he abused me and enraged me, and to I struck his head with an axe and killed him, whereupon Allah's Messenger (may peace be upon him) said: Have you anything with you to pay blood-wit on your behalf? He said: I do not possess any property but this robe of mine and this axe of mine. He (the Holy, Prophet) said: Do you think your people will pay ransom for you? He said: I am more insignificant among my people than this (that I would not be able to get this benefit from my tribe). He (the Holy Prophet) threw the strap towards him (the claimant of the blood-wit) saying: Take away your man. The man took him away, and as he returned, Allah's Messenger (may peace be upon him) said: If he kills him, he will be like him. He returned and said: Allah's Messenger, it has reached me that you have said that" If he killed him, he would be like him." I caught hold of him according to your command, whereupon Allah's Messenger (may peace be upon him) said: Don't you like that he should take upon him (the burden) of your sin and the sin of your companion (your brother)? He said: Allah's Apostle, why not? The Messenger of Allah (may peace be. upon him) said: If it is so, then let it be. He threw away the strap (around the offender) and set him free.

'Alaqama b. Wa'il reported on the authority of his father that a person was brought to the Messenger of Allah (may peace be upon him) who had killed another person, and the heir of the person slain had dragged him (to the Holy Prophet) with a strap around his neck. As he turned away Allah's Messenger (may peace be upon him) said: The killer and the killed are (doomed) to fire. A person came to the other person (the heir of the deceased) and he reported to him the words of the Messenger of Allah (may peace be upon him), and so he let him off. Isma'il b. Salim said: I made a mention of it to Habib b. Abu Thabit and he said: Ibn Ashwa' reported to me that Allah's Apostle (may peace be upon him) had asked him to pardon him, but he refused.

Abu Huraira reported that among two women of the tribe of Hudhail one flung a stone upon the other causing an abortion to her so Allah's Apostle (may peace he upon him) gave judgment that a male or a female slave of best quality be given as compensation.

Abu Huraira reported that Allah's Messenger (may peace be upon him) gave judgment in case of the abortion of a woman of Banu Lihyan (that the offender and near relative should give compensation in the form of) good quality of a slave or a slave-girl. And the woman about whom the judgment was given for compensation died and thereupon Allah's Messenger (may peace be upon him) gave judgment that her inheritance goes to her sons and her husband, and the payment of the blood-wit lies with the family of (one who struck her).

Abu Huraira reported that two women of the tribe of Hudhail fought with each other and one of them flung a stone at the other, killing her and what was in her womb. The case was brought to Allah's Messenger (may peace be upon him) and he gave judgment that the diyat (indemnity) of her unborn child is a male or a female slave of the best quality, and he also decided that the diyat of the woman is to be paid by her relative on the father's side, and he (the Holy Prophet) made her sons and those who were with them her heirs. Hamal b. al-Nabigha al-Hudhali said: Messenger of Allah, why should I play blood-wit for one who neither drank, nor ate, nor spoke, nor made any noise; it is like a nonentity (it is, therefore, not justifiable to demand blood-wit for it). Thereupon Allah's Messenger (may peace be upon him) said: He seems to be one of the brothers of soothsavers on account of the rhymed speech which he has composed.

Abu Huraira reported that two women fought-the rest of the hadith is the same but herein no mention has been made of: He made her son and those who were with them her heirs. Someone said: Why should we pay blood-wit? And he did not name Hamal b. Malik.

Al-Mughira b. Shu'ba reported that a woman struck her co-wife with a tent-pole and she was pregnant and she killed her. One of them belonged to the tribe of Lihyan. Allah's Messenger (may peace be upon him) made the relatives of the murderer responsible for the payment of blood-wit on her behalf, and fixed a slave or a female slave as the indemnity for what was in her womb. One of the persons amongst the relatives of the murderer said: Should we pay indemnity for one who, neither ate, nor drank, nor made any noise, who was just like a nonentity? Thereupon Allah's Messenger (may peace be upon him) remarked: He speaks rhymed phrases like the people of the desert. He did impose indemnity upon them.

Al-Mughira b. Shu'ba reported: A woman killed her fellow-wife with a tent-pole. Her case was brought to Allah's Messenger (may peace be upon him), and he gave judgment that blood-wit should be paid by the relatives (of the offender) on the father's side. And as she was pregnant, he decided regarding her unborn child that a male or a female slave of good quality be given. Some of her offender's) relatives said: Should we make compensation for one who never ate, nor drank, nor made any noise, who was like a nonentity? Thereupon Allah's Messenger (may peace be upon him) said: He was talking rhymed phrases like the rhymed phrases of desert Arabs.

This hadith has been narrated on the authority of Mansur with the same chain of transmitters.

Mansur transmitted this hadith with a slight variation of words.

Miswar b. Makhrama reported that 'Umar b. Khattab consulted people about the diyat of abortion of an unboam child. Mughira b. Shu'ba said: I bear witness to the fact that Allah's Messenger (may peace be upon him) gave judgment about it that a good quality of slave or female slave should be given for it. Thereupon 'Umar said: Bring one who may bear witness to you. Then Muhammad b. Maslama bore witness to him.