Abu Dawud

Benefits and Issues:
According to some researchers, the aforementioned narration is hasan. In their view, if an unqualified and unknown physician or healer of the type described as ‘atā’ī causes harm through their treatment, then they are liable and responsible. People should also exercise caution regarding such unqualified practitioners.

Benefits and Issues:

➊
The mentioned narration has been declared weak in its chain by our esteemed researcher.
However, other scholars have considered it hasan (good) due to supporting evidences.
Shaykh al-Albani rahimahullah writes regarding this narration
that, based on all its collective chains, it becomes hasan.
For further details, see (Silsilat al-Ahadith al-Sahihah, no. 635).

➋
The profession of medicine is an important profession.
Since it is related to people’s lives and health,
one should only begin treating others after formally learning it.

➌
It is the responsibility of the government to prevent unqualified practitioners from playing with people’s health.

➍
If someone suffers harm as a result of incorrect treatment by an unqualified doctor or physician, then he will have to pay compensation for it.
If the patient dies, the physician will be considered guilty of accidental killing (qatl khata’),
and blood money (diyah) will be taken from him and given to the heirs of the patient.

➎
In the view of Islam, the life of every rich and poor person is equally valuable.

(1) The verifier of the book has declared this narration weak in terms of its chain, but other scholars have, based on supporting evidences, considered it hasan (good). Shaykh Muhammad Nasiruddin al-Albani rahimahullah, while discussing the aforementioned hadith, states: [لکن الحدیث حسن بمجموع الطریقین] That is, due to both chains, the aforementioned hadith becomes hasan overall. For details, see: (Silsilat al-Ahadith al-Sahihah, Hadith: 635)

(2) In the present era, there are many quack doctors and physicians. It is necessary to discourage such doctors and physicians. It is the religious and moral responsibility of the current government to legislate in such a way that no unqualified doctor or physician can play with people's lives and health. The public should also try themselves to avoid falling into the hands of such people. If someone dies at the hands of such doctors and physicians, then blood money (diyah) will be obligatory upon them. However, taking medicine from qualified practitioners is religiously permissible, rather, it is recommended (mustahabb). From this blessed hadith, the legitimacy of seeking treatment and medicine is established, provided that the doctor or physician is qualified and well-known.

(3) If a person dies due to the negligence or lack of expertise of a doctor or physician, then blood money (diyah) will be obligatory upon him, which his blood relatives will pay. Qisas (retaliation) will not be applied because he is not completely at fault. After all, the treatment was carried out with the consent of the one seeking treatment, therefore, in seeking treatment from an unqualified person, the concerned individual is also culpable. The physician alone is not the only culprit.

(4) If any harm occurs from a qualified physician, then until his clear mistake is proven, he will not be held responsible. In the case of a clear mistake, he will have to pay blood money (diyah), because this also falls under the category of error. If it is proven that the physician caused harm intentionally, then qisas (retaliation) will be enforced. And Allah knows best.

Takhrij:
«أخرجه الدارقطني: 3 /196، والحاكم:4 /212 وصححه، ووافقه الذهبي«وسنده ضعيف» and Abu Dawud, al-Diyat, Hadith: 4586, and al-Nasa'i, al-Qasamah, Hadith: 4834.

Explanation:
➊ The aforementioned narration has been declared weak by our esteemed researcher, whereas other scholars have considered it hasan (good) based on supporting evidences. Shaykh al-Albani rahimahullah writes regarding this narration that, due to its collective chains, it reaches the level of hasan. For further details, see: (Silsilat al-Ahadith al-Sahihah, no. 635).

➋ From this hadith, it is understood that if a person is not a qualified physician in the true sense, yet he gives someone medicine and this results in loss of life or the dysfunction of any body part, then blood money (diyah) becomes obligatory upon him, and the responsibility of paying the diyah will fall upon his 'asaba (male agnate relatives).

➌ Al-Allamah Ibn al-Qayyim rahimahullah has stated (in Zad al-Ma'ad) that it is necessary for a skilled physician to observe twenty matters, and then he has mentioned them one by one.

➍ There is consensus among all the Imams that in the case of harm caused by an inexperienced and unskilled physician, the obligation of diyah falls upon him.