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الفتح الربانی
Fath al-Rabbani
أبواب القصاصChapters on Retaliation
بَابُ لَا يُقْتَلُ مُسْلَمُ بِكَافِرٍ ، وَمَا جَاءَ فِي قَتْلِ الْحُرِ بالعبدChapter: A Muslim is not killed for a disbeliever, and what has been reported regarding killing a free man for a slave
Hadith 6552
اُردوEn
وَمِنْ طَرِيقٍ ثَانٍ عَنِ الْحَسَنِ عَنْ سَمُرَةَ أَيْضًا رَضِيَ اللَّهُ عَنْهُ قَالَ وَمَنْ أَخْصَى عَبْدَهُ أَخْصَيْنَاهُ
(Second chain) It is narrated from Sayyiduna Samurah (may Allah be pleased with him) that the Messenger of Allah (peace and blessings be upon him) said: Whoever castrates his slave, we will castrate him in retribution.
Brief Explanation
Benefits: … Will retribution (qisas) be taken from the master or the free person for the slave or not?
The clear narrations related to this subject are weak, and due to the lesser rights of the slave, there have been many discussions on this issue from various perspectives. We hold the opinion that if the slave is a Muslim, then in matters of retribution (qisas), his status in comparison to the master will also be that of a Muslim; that is, retribution will be taken from the master who kills the slave. The evidence for this opinion is hadith number (6549), according to which the Noble Prophet sallallahu alayhi wa sallam said: ((Al-mu’minūna tatakāfa’u dimā’uhum.)) … “The blood of the believers is equal among themselves.” Imam al-Nasa’i has established this chapter on this hadith: “Chapter: Retribution between the free and the slaves in cases of life” (the statement of qisas between the free and the slave). This is also the position of Sa’id ibn al-Musayyib, Ibrahim al-Nakha’i, Qatadah, Sufyan al-Thawri, and Abu Hanifah rahimahullah. Shaykh al-Islam Ibn Taymiyyah rahimahullah also preferred this position. In contrast, a group of scholars holds that a free person will not be killed in retribution for a slave, but the former opinion appears to be the stronger view.
The clear narrations related to this subject are weak, and due to the lesser rights of the slave, there have been many discussions on this issue from various perspectives. We hold the opinion that if the slave is a Muslim, then in matters of retribution (qisas), his status in comparison to the master will also be that of a Muslim; that is, retribution will be taken from the master who kills the slave. The evidence for this opinion is hadith number (6549), according to which the Noble Prophet sallallahu alayhi wa sallam said: ((Al-mu’minūna tatakāfa’u dimā’uhum.)) … “The blood of the believers is equal among themselves.” Imam al-Nasa’i has established this chapter on this hadith: “Chapter: Retribution between the free and the slaves in cases of life” (the statement of qisas between the free and the slave). This is also the position of Sa’id ibn al-Musayyib, Ibrahim al-Nakha’i, Qatadah, Sufyan al-Thawri, and Abu Hanifah rahimahullah. Shaykh al-Islam Ibn Taymiyyah rahimahullah also preferred this position. In contrast, a group of scholars holds that a free person will not be killed in retribution for a slave, but the former opinion appears to be the stronger view.
