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الفتح الربانی
Fath al-Rabbani
أبواب القصاصChapters on Retaliation
بَابُ الْجَابِ الْقِصَاصِ بِالْقَتْلِ الْعَمَدِ وَأَنَّ مُسْتَحِقَّهُ بِالْخِيَارِ بَيْنَهُ وَبَينَ الدِّيةِChapter: The obligation of retribution for intentional murder and that the entitled person has the choice between it and blood money
Hadith 6546
اُردوEn
عَنْ عَمْرِو بْنِ شُعَيْبٍ عَنْ أَبِيهِ عَنْ جَدِّهِ رَضِيَ اللَّهُ عَنْهُ أَنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ قَالَ مَنْ قَتَلَ مُتَعَمِّدًا دُفِعَ إِلَى أَوْلِيَاءِ الْقَتِيلِ فَإِنْ شَاءُوا قَتَلُوهُ وَإِنْ شَاءُوا أَخَذُوا الدِّيَةَ وَهِيَ ثَلَاثُونَ حِقَّةً وَثَلَاثُونَ جَذَعَةً وَأَرْبَعُونَ خَلِفَةً وَذَلِكَ عَقْلُ الْعَمْدِ وَمَا صَالَحُوا عَلَيْهِ فَهُوَ لَهُمْ وَذَلِكَ تَشْدِيدُ الْعَقْلِ
It is narrated from Sayyiduna Abdullah bin Amr bin al-As (may Allah be pleased with them both) that the Messenger of Allah (peace and blessings be upon him) said: Whoever commits intentional murder, he shall be handed over to the heirs of the slain; if they wish, they may kill him, or if they wish, they may accept blood money. The details of this are: thirty Hiqqahs, thirty Jadh’ahs, and forty pregnant she-camels; this is the blood money for intentional murder. Also, whatever they agree upon in reconciliation will belong to them; this is the heaviest blood money.
Brief Explanation
Benefits: … Ḥiqqah: A she-camel that has entered its fourth year; Jadh‘ah: A she-camel that has entered its fifth year; Khalifah: A pregnant she-camel is called this. In this blessed hadith, the blood money (diyah) for intentional murder (qatl ‘amd) has been described.
“And also whatever they agree upon as reconciliation”—by this is meant anything other than the aforementioned diyah, i.e., when the oppressed party is insisting on retribution (qisas), then they can be appeased by giving them more than the diyah. Similarly, the time and place of payment of the diyah are also included in this; both parties will be bound by these matters.
Consider the value of a Muslim’s blood: if the heirs of the murdered person forgive retribution (qisas) and agree to accept diyah, then they are to be given one hundred (100) camels—and not just any camels, but thirty ḥiqqahs, thirty jadh‘ahs, and forty pregnant she-camels. If only we, too, could attain the recognition of a Muslim’s worth due to Islam.
“And also whatever they agree upon as reconciliation”—by this is meant anything other than the aforementioned diyah, i.e., when the oppressed party is insisting on retribution (qisas), then they can be appeased by giving them more than the diyah. Similarly, the time and place of payment of the diyah are also included in this; both parties will be bound by these matters.
Consider the value of a Muslim’s blood: if the heirs of the murdered person forgive retribution (qisas) and agree to accept diyah, then they are to be given one hundred (100) camels—and not just any camels, but thirty ḥiqqahs, thirty jadh‘ahs, and forty pregnant she-camels. If only we, too, could attain the recognition of a Muslim’s worth due to Islam.
