سنن ابي داود
Abu Dawud
كتاب الدياتTypes of Blood-Wit (Kitab Al-Diyat)
باب فِيمَنْ قَتَلَ فِي عِمِّيَّا بَيْنَ قَوْمٍChapter: One Who Is Killed Blindly While The People Are Fighting.
Hadith 4591
اُردوEn
قَالَ أَبُو دَاوُد : حُدِّثْتُ عَنْ سَعِيدِ بْنِ سُلَيْمَانَ ، عَنْ سُلَيْمَانَ بْنِ كَثِيرٍ ، حَدَّثَنَا عَمْرُو بْنُ دِينَارٍ ، عَنْ طَاوُسٍ ، عَنِ ابْنِ عَبَّاسٍ ، قَالَ : قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " مَنْ قَتَلَ فِي عِمِّيَّا أَوْ رِمِّيًّا يَكُونُ بَيْنَهُمْ بِحَجَرٍ أَوْ بِسَوْطٍ فَعَقْلُهُ عَقْلُ خَطَإٍ ، وَمَنْ قَتَلَ عَمْدًا فَقَوَدُ يَدَيْهِ فَمَنْ حَالَ بَيْنَهُ وَبَيْنَهُ فَعَلَيْهِ لَعْنَةُ اللَّهِ وَالْمَلَائِكَةِ وَالنَّاسِ أَجْمَعِينَ " .
Narrated Abdullah ibn Abbas: The Prophet ﷺ said: If anyone is killed blindly or, when people are throwing stones, by a stone or a whip, his blood-wit is the blood-wit for an accidental murder. But if anyone is killed intentionally, retaliation is due. If anyone tries to prevent it, the curse of Allah, of angels, and of all the people will rest on him.
Related hadith on this topic
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
Refer to the previous hadith 4539.
Refer to the previous hadith 4539.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 4591
Hafiz Muhammad Ameen
(1) This blessed hadith explicitly states the ruling regarding intentional murder (killing someone deliberately), that in such a case, retribution (qisas) is obligatory. However, if the heirs of the murdered person are satisfied with blood money (diyah), then this is permissible. In this case, qisas will be waived from the killer, as is clearly stated in other ahadith.
(2) Whoever obstructs the enforcement of the limits set by Allah, and creates any kind of hindrance, then such a person—even if he is the head of state—is accursed. Upon him is the curse of Allah, the angels, and all people. Furthermore, none of such a person’s acts of worship are accepted, because this is an open war against Allah and His Messenger. The meaning is that doing so is forbidden and legally impermissible (haram and shar‘an naja’iz).
(3) In this hadith, the scenario of a riot or tumult is described, where there is a crowd on both sides, and they are fighting among themselves. Some are throwing stones, some are using sticks, some are whipping, and some are empty-handed. In such a riot, the killer cannot be identified. Generally, the purpose of such a fight is not to kill anyone. If, hypothetically, someone is killed, it will be considered accidental killing (qatl khata’), and the opposing party will pay the blood money (diyah). However, if weapons are used in such a fight, but the killers cannot be identified, then the blood money for intentional murder (qatl ‘amd) will be taken from the opposing party, because the use of weapons is intended for killing. And if the killer is identified, then retribution (qisas) will be taken. Similarly, if a person’s intention is to kill another, then whether he uses a sword, a firearm, a stone, a stick, or a hammer, in every case, retribution (qisas) will be taken from him, as is separately mentioned in this hadith.
(4) “Fard and nafl (obligatory and supererogatory acts)”—some have interpreted the meaning of sarf as repentance (tawbah) and ‘adl as ransom or compensation (fidyah or mu‘awadah). This is also possible. And Allah knows best.
(2) Whoever obstructs the enforcement of the limits set by Allah, and creates any kind of hindrance, then such a person—even if he is the head of state—is accursed. Upon him is the curse of Allah, the angels, and all people. Furthermore, none of such a person’s acts of worship are accepted, because this is an open war against Allah and His Messenger. The meaning is that doing so is forbidden and legally impermissible (haram and shar‘an naja’iz).
(3) In this hadith, the scenario of a riot or tumult is described, where there is a crowd on both sides, and they are fighting among themselves. Some are throwing stones, some are using sticks, some are whipping, and some are empty-handed. In such a riot, the killer cannot be identified. Generally, the purpose of such a fight is not to kill anyone. If, hypothetically, someone is killed, it will be considered accidental killing (qatl khata’), and the opposing party will pay the blood money (diyah). However, if weapons are used in such a fight, but the killers cannot be identified, then the blood money for intentional murder (qatl ‘amd) will be taken from the opposing party, because the use of weapons is intended for killing. And if the killer is identified, then retribution (qisas) will be taken. Similarly, if a person’s intention is to kill another, then whether he uses a sword, a firearm, a stone, a stick, or a hammer, in every case, retribution (qisas) will be taken from him, as is separately mentioned in this hadith.
(4) “Fard and nafl (obligatory and supererogatory acts)”—some have interpreted the meaning of sarf as repentance (tawbah) and ‘adl as ransom or compensation (fidyah or mu‘awadah). This is also possible. And Allah knows best.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4793
Hafiz Muhammad Ameen
The term "marfu'an" refers to the statement of the Messenger of Allah (sallallahu alayhi wa sallam); sometimes, for the sake of brevity, it is expressed in this manner.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4794
Maulana Ataullah Sajid
Benefits and Issues:
➊
The meaning of indiscriminate fighting is that two parties start fighting with each other, and in the course of this, someone is struck by a stone or something similar and dies.
In such a case, it is difficult to determine from whose blow the person died; therefore, retribution (qisas) cannot be taken from any specific individual, but at the same time, the shedding of blood cannot be rendered futile, so payment of blood money (diyah) is necessary.
➋
Qisas (retribution) is Allah’s law.
Becoming an obstacle in the implementation of Allah’s law is an act of disbelief (kufr), and thus is a cause for curse (la’nah).
The worship of such a person is not accepted.
➊
The meaning of indiscriminate fighting is that two parties start fighting with each other, and in the course of this, someone is struck by a stone or something similar and dies.
In such a case, it is difficult to determine from whose blow the person died; therefore, retribution (qisas) cannot be taken from any specific individual, but at the same time, the shedding of blood cannot be rendered futile, so payment of blood money (diyah) is necessary.
➋
Qisas (retribution) is Allah’s law.
Becoming an obstacle in the implementation of Allah’s law is an act of disbelief (kufr), and thus is a cause for curse (la’nah).
The worship of such a person is not accepted.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2635
