سنن ابي داود
Abu Dawud
كتاب الدياتTypes of Blood-Wit (Kitab Al-Diyat)
باب الإِمَامِ يَأْمُرُ بِالْعَفْوِ فِي الدَّمِChapter: The Imam Enjoining A Pardon In The Case Of Bloodshed.
Hadith 4498
اُردوEn
حَدَّثَنَا عُثْمَانُ بْنُ أَبِي شَيْبَةَ ، أَخْبَرَنَا أَبُو مُعَاوِيَةَ ، حَدَّثَنَا الْأَعْمَشُ ، عَنْ أَبِي صَالِحٍ ، عَنْ أَبِي هُرَيْرَةَ ، قَالَ : " قُتِلَ رَجُلٌ عَلَى عَهْدِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، فَرُفِعَ ذَلِكَ إِلَى النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَدَفَعَهُ إِلَى وَلِيِّ الْمَقْتُولِ ، فَقَالَ الْقَاتِلُ : يَا رَسُولَ اللَّهِ وَاللَّهِ مَا أَرَدْتُ قَتْلَهُ ، قَالَ : فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ لِلْوَلِيِّ : أَمَا إِنَّهُ إِنْ كَانَ صَادِقًا ثُمَّ قَتَلْتَهُ دَخَلْتَ النَّارَ ، قَالَ : فَخَلَّى سَبِيلَهُ ، قَالَ : وَكَانَ مَكْتُوفًا بِنِسْعَةٍ فَخَرَجَ يَجُرُّ نِسْعَتَهُ فَسُمِّيَ ذَا النِّسْعَةِ " .
Narrated Abu Hurairah: A man was killed in the lifetime of the Prophet ﷺ. The matter was brought to the Prophet ﷺ. He entrusted him to the legal guardian of the slain. The slayer said: Messenger of Allah, I swear by Allah, I did not intend to kill him. The Messenger of Allah ﷺ 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).
Related hadith on this topic
Explanation & Benefits
Shaykh Dr. Abdur Rahman Freywai
Explanation:
1:
Because if the killer is truthful in his claim, then in the case of killing him, there is a risk of the heir (wali) becoming sinful. Therefore, not killing him is more appropriate.
1:
Because if the killer is truthful in his claim, then in the case of killing him, there is a risk of the heir (wali) becoming sinful. Therefore, not killing him is more appropriate.
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1407
Hafiz Muhammad Ameen
(1) The heir of the murdered person should not hasten to take retribution (qisas), but rather should forgive. Although taking retribution is permissible, forgiving is a great virtue. It is possible that the killer is innocent or did not commit the murder intentionally, etc.
(2) This hadith also indicates that if a person is given a nickname due to his profession or some other characteristic, and he does not consider it offensive, then it is permissible. As in the hadith, the noble Companions (radi Allahu anhum) used to call the person mentioned “Dhu al-Ni‘al” (the one with the rope or string), meaning that due to the rope hanging around his neck, he became known by this nickname.
(3) “Handed over”: According to the Shari‘ah, the right of retribution (qisas) belongs to the heirs of the murdered person. If they wish, they may kill (the murderer), or if they wish, they may forgive. Therefore, the Prophet (sallallahu alayhi wa sallam) handed the killer over to the heir of the murdered person. It is not necessary for the government itself to carry out the killing; however, it is not correct to kill the murderer on one’s own before the judge’s decision, as this would be taking the law into one’s own hands. But when the judge hands over the killer, then it is permissible to kill him.
(4) “He will go to the Fire.” Because only one who has committed intentional murder can be killed in retribution (qisas). According to the statement of the killer, this killing did not occur intentionally, so he was not deserving of being killed. However, the Prophet’s (sallallahu alayhi wa sallam) handing over of the killer to the heirs of the murdered person indicates that the apparent circumstances of this killing were those of intentional murder. Allah Ta‘ala knows best the intention of the killer. Thus, even in such a case, the heirs of the murdered person should pardon the killer so that no one is killed unjustly. Although the judge will decide according to the apparent circumstances, the heirs of the murdered person may grant this concession.
(2) This hadith also indicates that if a person is given a nickname due to his profession or some other characteristic, and he does not consider it offensive, then it is permissible. As in the hadith, the noble Companions (radi Allahu anhum) used to call the person mentioned “Dhu al-Ni‘al” (the one with the rope or string), meaning that due to the rope hanging around his neck, he became known by this nickname.
(3) “Handed over”: According to the Shari‘ah, the right of retribution (qisas) belongs to the heirs of the murdered person. If they wish, they may kill (the murderer), or if they wish, they may forgive. Therefore, the Prophet (sallallahu alayhi wa sallam) handed the killer over to the heir of the murdered person. It is not necessary for the government itself to carry out the killing; however, it is not correct to kill the murderer on one’s own before the judge’s decision, as this would be taking the law into one’s own hands. But when the judge hands over the killer, then it is permissible to kill him.
(4) “He will go to the Fire.” Because only one who has committed intentional murder can be killed in retribution (qisas). According to the statement of the killer, this killing did not occur intentionally, so he was not deserving of being killed. However, the Prophet’s (sallallahu alayhi wa sallam) handing over of the killer to the heirs of the murdered person indicates that the apparent circumstances of this killing were those of intentional murder. Allah Ta‘ala knows best the intention of the killer. Thus, even in such a case, the heirs of the murdered person should pardon the killer so that no one is killed unjustly. Although the judge will decide according to the apparent circumstances, the heirs of the murdered person may grant this concession.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4726
