وَرَوَى يَحْيَى بْنُ حَمْزَةَ، عَنْ سُلَيْمَانَ بنِ دَاوُدَ قَالَ: حَدَّثَنِي الزُّهْرِيُّ، عَنْ أَبِي بَكْرِ بْنِ مُحَمَّدِ بْنِ عَمْرِو بْنِ حَزْمٍ، عَنْ أَبِيهِ، عَنْ حَدِهِ، أَنَّ رَسُولَ اللهِ مَن كَتَبَ إِلَى أَهْلِ الْيَمَنِ بِكِتَابِ فِيهِ الْفَرَائِضُ وَالسُّنَنُ وَالدِّيَاتُ، وَبَعَثَ بِهِ مَعَ عَمْرِو بْنِ حَزَمٍ فَقُرِئَتْ عَلَى أَهْلِ الْيَمَنِ، وَهَذِهِ نُسْخَتُهَا: بِسْمِ اللهِ الرَّحْمَنِ الرَّحِيمِ مِنْ مُحَمَّدِ (النَّبِيِّ وَ إِلَى شُرَحْبِيلِ بْنِ عَبْدِ كَلَالٍ، وَالْحَارِثِ بْنِ عَبْدِ كَلَالٍ، وَنُعَمِ بْنِ عَبْدِ كَلَالٍ، قِبَلَ ذِي رُعَيْنٍ وَمَعَافِرٍ [وَ] Hamdan – As for what follows, your Messenger has returned and you have given from the spoils the Khums of Allah, and what Allah has prescribed upon the believers as the tenth (Ushr) on real estate, and what the sky waters or is irrigated by flood or rain, then there is the tenth if it reaches five or suq; and what is irrigated by irrigation or by a bucket (Dalya), then there is half the tenth if it reaches five Awsuq. And in every five camels, one grazing sheep until they reach twenty-four; if it exceeds one over twenty-four, then there is a one-year-old she-camel; if a one-year-old she-camel is not found, then a two-year-old male camel until they reach thirty-five; if it exceeds one over thirty-five, then there is a two-year-old she-camel until they reach forty-five; if it exceeds one over forty-five, then there is a three-year-old she-camel until they reach sixty; if it exceeds one over sixty, then there is a Haqqa Taruqah
until they reach seventy-five; if it exceeds one over seventy-five, then there is a Hadha’ah until they reach seventy-seven; if it exceeds one over seventy-seven, then there is an Ibn Talboun until they reach ninety; if it exceeds one over ninety, then there are two Haqqat Taruqata al-Haml until they reach one hundred and twenty; if it increases further, then for every forty there is a Bint Layoun, and for every fifty a Haqqa (Taruqat al-Haml), and for every thirty cows in a herd, there is a male or female Jadh’ah, and for every forty cows in a herd, there is a Dunda; and for every forty sheep grazing, there is one sheep until they reach one hundred and twenty; if it exceeds one over one hundred and twenty, then there are two sheep until they reach two hundred; if it exceeds one over two hundred, then three sheep until they reach three hundred; if it increases further, then for every hundred there is one sheep (Sha’at). And no old, weak, emaciated, defective, nor a billy goat is taken in charity; and no mixing of scattered animals is allowed, nor is it allowed to separate gathered animals out of fear of charity. And what is taken from the two mixtures, they revert equally between them. And in every five Awsaq of silver, there are five dirhams; and if it increases, then for every forty dirhams, one dirham is due; and there is nothing below five Awsaq; and in every forty dinars, one dinar. Indeed, charity is not lawful for Muhammad nor for his family; rather it is Zakat by which they purify themselves among the poor believers and in the way of Allah, and not in slaves, nor in cultivated land, nor in its workers if its charity is paid from the tenth. And nothing is due on a Muslim’s slave nor on his horse. And indeed, the greatest sins before Allah on the Day of Resurrection are: associating partners with Allah, killing a believing soul without right, fleeing in the way of Allah on the day of battle, disobedience to parents, slandering chaste women, learning magic, consuming usury, consuming the wealth of orphans. Indeed, Umrah is the lesser pilgrimage, and no one touches the Qur’an except a pure person; and no divorce before ownership, nor emancipation until it is bought; and none of you should pray in one garment without anything on his shoulders; and no one should kill a believer unjustly except that the heirs of the killed agree; and indeed, the blood money for a soul is one hundred camels; and for a severed nose there is blood money; for the tongue there is blood money; for the two lips there is blood money; for the testicles there is blood money; for the chest there is blood money; for the two eyes there is blood money; for one leg there is half the blood money; and for a wound reaching the brain, one third blood money; and for a wound reaching the abdomen, one third blood money; and for a wound that dislocates a bone, fifteen camels; and for each finger of the hand and foot, ten camels; and for each tooth, five camels; and for a wound that exposes the bone, five camels. A man is killed by a woman, and on the owners of gold is a thousand dinars. Abu Hatim narrated this in his Sahih, and said: Sulayman ibn Dawud is the trustworthy Khowlani from the people of Damascus, and Sulayman ibn Dawud al-Yamami is nothing; both narrate from al-Zuhri, and it was also narrated by al-Nasa’i.
Yahya ibn Hamzah narrates from Sulayman ibn Dawud, who said that al-Zuhri told me that he narrated from Abu Bakr ibn Muhammad ibn Amr ibn Hazm, who narrated from his father, who narrated from his grandfather that the Messenger of Allah (peace be upon him) wrote a letter to the people of Yemen regarding inheritance, Sunnah, and blood money. He sent the letter with Amr ibn Hazm, and it was read before the people of Yemen. The text of the letter was: “In the name of Allah, the Most Gracious, the Most Merciful. From Muhammad the Prophet (peace be upon him) to Sharhabil ibn Abdilkalal, Harith ibn Abdilkalal, and Na’im ibn Abdilkalal, who are from the tribes of Dhi Ra’in, Ma’afir, and Hamdan. As for what follows: Your representative has returned, and you have given the Khums of Allah from the spoils, and what Allah has prescribed upon the believers as the tenth on land that is watered by rain or flood or irrigation, when the produce reaches five Awsuq; and what is irrigated by pulling or bucket, then half the tenth if it reaches five Awsuq. For every five camels, one goat until they reach twenty-four; if it exceeds twenty-four by one, then there is a one-year-old she-camel; if a one-year-old she-camel is not found, then a two-year-old male camel until they reach thirty-five; if it exceeds thirty-five by one, then there is a two-year-old she-camel until they reach forty-five; if it exceeds forty-five by one, then there is a three-year-old she-camel until they reach sixty; if it exceeds sixty by one, then there is a Jadh’ah (four-year-old she-camel starting the fifth year) until they reach seventy-five; if it exceeds seventy-five by one, then there are two one-year-old she-camels until they reach ninety; if it exceeds ninety by one, then there are two two-year-old she-camels until they reach one hundred and twenty; if it increases further, then for every forty there is a one-year-old she-camel, and for every fifty there is a two-year-old she-camel, suitable for pairing; and for every thirty cows in a herd, there is a male or female Jadh’ah; and for every forty cows in a herd, there is a Dunda; and for every forty goats, one goat until they reach one hundred and twenty; if it exceeds one hundred and twenty by one, then there are two goats until they reach two hundred; if it exceeds two hundred by one, then three goats until they reach three hundred; if it increases further, then for every hundred there is one goat. And in charity, no old, weak, emaciated, defective, nor billy goat is taken. Mixed animals are not gathered nor separated out of fear of charity. And what is taken from the two mixtures, they revert equally between them. Five tolas of silver require five dirhams of Zakat; if it increases, then for every forty dirhams, one dirham is due. Nothing less than five Awsaq is considered. For every forty dinars, one dinar is due. Charity and Zakat are not lawful for Muhammad nor his family; rather, they purify themselves with it among the poor believers and in the way of Allah. It is not for slaves, nor for cultivated land, nor for its workers if its charity is paid from the tenth. Nothing is due on a Muslim’s slave nor on his horse. The greatest sins before Allah on the Day of Resurrection are associating partners with Allah, killing a believer unjustly, fleeing in the way of Allah on the day of battle, disobedience to parents, slandering chaste women, learning or practicing magic, consuming usury, and consuming the wealth of orphans. Indeed, Umrah is the lesser pilgrimage. Only a pure person may touch the Qur’an. No divorce before ownership, nor emancipation until it is bought. None of you should pray in one garment without anything on his shoulders. No one should pray in one garment with its split visible. No one should pray with unkempt hair. Whoever unjustly kills a believer will be subject to Qisas unless the heirs of the killed agree. The blood money for a soul is one hundred camels. For a severed nose, there is blood money; for the tongue, blood money; for the two lips, blood money; for the testicles, blood money; for the chest, blood money; for the two eyes, blood money; for one leg, half the blood money; for a wound reaching the brain, one third blood money; for a wound reaching the abdomen, one third blood money; for a wound that dislocates a bone, fifteen camels; for each finger of the hand and foot, ten camels; for each tooth, five camels; for a wound exposing the bone, five camels. A man is killed by a woman, and on the owners of gold is a thousand dinars. Abu Hatim narrated this in his Sahih. He said: Sulayman ibn Dawud is the trustworthy Khowlani from the people of Damascus, while Sulayman ibn Dawud al-Yamami is nothing. Both narrate from al-Zuhri. Al-Nasa’i also narrated it.
Research and Authentication:
Benefits:
1. Sending letters and drafts containing hadiths and verses is permissible. The better way is to send Quranic and hadith-based material through someone. Nowadays, some postal systems and packaging are such that the contents are not known, and sometimes verses and hadiths are placed indiscriminately at the bottom. In such cases, sending sacred material should be avoided, i.e., there is a risk of the item falling at the bottom in parcels or registered letters.
2. The work of an ambassador and embassy is legally permissible.
3. The Prophet Muhammad’s (peace be upon him) letter contains many rulings on rights, duties, worship, ethics, economics, good social conduct, justice, training, encouragements, precautions, eloquence, details and summaries, crimes, and Qisas, making it a rare manuscript.
4. The blood money for each body part is specified in the hadith. The blood money for gold owners is a thousand dinars. The blood money for a life is counted by any of the five items presented and accepted:
① One hundred camels ② One thousand dinars ③ Two hundred cows ④ Two thousand goats ⑤ Twelve thousand dirhams.
5. A Munqalah is a wound that dislocates a bone from its original place and moves it back and forth. Its blood money is fifteen camels.
وَعَنْ عُقْبَةَ بْنِ أَوْسٍ، عَنْ عَبْدِ اللَّهِ بْنِ عَمْرٍو، فِي حَدِيثٍ: ( (أَلَا إِنَّ دِيَّةَ الْخَطَاشِبُهُ الْعَمَدِ مَا كَانَ بِالسَّوْطِ، وَالْعَصَاءَ مِائَةَ مِنَ الْإِبِلِ، فِيهَا أَرْبَعُونَ فِي بُطُونِهَا أَوْلَادُهَا)) رَوَاهُ أَبُو دَاوُدَ، وَالنِّسَائِيُّ، وَابْنُ مَاجَةَ
Uqbah ibn Aws narrated from Abdullah ibn Amr that whoever is killed unintentionally or by mistake with a whip or stick, his blood money is one hundred she-camels, forty of which must be pregnant.
Research and Authentication:
The hadith is Hasan.
Benefits:
1. One type of killing is unintentional (khatā). Killing khatā is when a person is killed in unclear circumstances; the killer is unknown or it happened while people were shooting arrows or fighting each other, and the killer is not identified or information about him is not available. This is included in killing khatā.
2. Killing khatā also requires blood money, which is one hundred camels.
3. Out of the one hundred camels, forty must be pregnant.
