سنن ابي داود
Abu Dawud
كتاب الدياتTypes of Blood-Wit (Kitab Al-Diyat)
باب وَلِيِّ الْعَمْدِ يَأْخُذُ الدِّيَةَChapter: The Heir Of The One Who Was Killed Deliberately Taking The Diyah.
Hadith 4506
اُردوEn
حَدَّثَنَا مُسْلِمٌ ، حَدَّثَنَا مُحَمَّدُ بْنُ رَاشِدٍ ، حَدَّثَنَا سُلَيْمَانُ بْنُ مُوسَى ، عَنْ عَمْرِو بْنِ شُعَيْبٍ ، عَنْ أَبِيهِ ، عَنْ جَدِّهِ ، عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، قَالَ : " لَا يُقْتَلُ مُؤْمِنٌ بِكَافِرٍ ، وَمَنْ قَتَلَ مُؤْمِنًا مُتَعَمِّدًا دُفِعَ إِلَى أَوْلِيَاءِ الْمَقْتُولِ ، فَإِنْ شَاءُوا قَتَلُوهُ وَإِنْ شَاءُوا أَخَذُوا الدِّيَةَ " .
Narrated Amr bin Shuaib: On his father's authority said that his grandfather reported the Prophet ﷺ 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
Related hadith on this topic
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
A believer cannot be killed in retaliation for a disbeliever; this issue will be discussed ahead in hadith 4530.
A believer cannot be killed in retaliation for a disbeliever; this issue will be discussed ahead in hadith 4530.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 4506
Shaykh Dr. Abdur Rahman Freywai
Explanation:
1:
A pregnant she-camel; its plural forms are "khilafaat" and "khala’if."
1:
A pregnant she-camel; its plural forms are "khilafaat" and "khala’if."
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1387
Maulana Ataullah Sajid
Benefits and Issues:
(1)
In the case of intentional murder (qatl ‘amd), both retribution (qisas) and blood money (diyah) are permissible.
(2)
With the consent of the heirs of the murdered person, the amount of blood money (diyah) can be reduced, but it cannot be increased.
(3)
There are three types of killing:
Intentional murder (qatl ‘amd):
This refers to a killing in which the attacker’s objective is to kill, so he attacks with a sword or such a weapon from which the struck person generally cannot survive. In this case of murder, the amount of blood money (diyah) is that which is specified in the hadith.
Quasi-intentional murder (qatl shibh al-‘amd):
This refers to when the attacker strikes with something from which the struck person generally does not die, for example, a blow with a stick. The attacker’s intention was to injure or wound, but the struck person, unable to bear the injury or wounds, died. Its blood money (diyah) is also equal to that of intentional murder.
Unintentional murder (qatl khata’):
This refers to when the killer did not intend to kill or harm. Accidentally, a killing occurred without intention, for example: someone fired at a deer or similar animal, but missed the target, or suddenly a person came in front and the shot or arrow struck him and he died. Its blood money (diyah) is also one hundred camels, but their age is set lower. And the condition of being pregnant does not apply. See, Hadith: 2630)
(1)
In the case of intentional murder (qatl ‘amd), both retribution (qisas) and blood money (diyah) are permissible.
(2)
With the consent of the heirs of the murdered person, the amount of blood money (diyah) can be reduced, but it cannot be increased.
(3)
There are three types of killing:
Intentional murder (qatl ‘amd):
This refers to a killing in which the attacker’s objective is to kill, so he attacks with a sword or such a weapon from which the struck person generally cannot survive. In this case of murder, the amount of blood money (diyah) is that which is specified in the hadith.
Quasi-intentional murder (qatl shibh al-‘amd):
This refers to when the attacker strikes with something from which the struck person generally does not die, for example, a blow with a stick. The attacker’s intention was to injure or wound, but the struck person, unable to bear the injury or wounds, died. Its blood money (diyah) is also equal to that of intentional murder.
Unintentional murder (qatl khata’):
This refers to when the killer did not intend to kill or harm. Accidentally, a killing occurred without intention, for example: someone fired at a deer or similar animal, but missed the target, or suddenly a person came in front and the shot or arrow struck him and he died. Its blood money (diyah) is also one hundred camels, but their age is set lower. And the condition of being pregnant does not apply. See, Hadith: 2630)
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2626
