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الفتح الربانی
Fath al-Rabbani
أبواب القصاصChapters on Retaliation
بابُ الْقِصَاصِ فِي كَسْرِ السِّنُChapter: Retribution for breaking a tooth
Hadith 6568
اُردوEn
وَمِنْ طَرِيقٍ ثَانٍ عَنْ ثَابِتٍ عَنْ أَنَسِ بْنِ مَالِكٍ رَضِيَ اللَّهُ عَنْهُ أَنَّ أُخْتَ الرُّبَيِّعِ أُمَّ حَارِثَةَ جَرَحَتْ إِنْسَانًا فَاخْتَصَمُوا إِلَى رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ الْقِصَاصُ الْقِصَاصُ فَقَالَتْ أُمُّ الرُّبَيِّعِ يَا رَسُولَ اللَّهِ أَيُقْتَصُّ مِنْ فُلَانَةَ لَا وَاللَّهِ لَا يُقْتَصُّ مِنْهَا أَبَدًا قَالَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ سُبْحَانَ اللَّهِ يَا أُمَّ رُبَيِّعٍ كِتَابُ اللَّهِ قَالَتْ لَا وَاللَّهِ لَا يُقْتَصُّ مِنْهَا أَبَدًا قَالَ فَمَا زَالَتْ حَتَّى قَبِلُوا مِنْهَا الدِّيَةَ فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ إِنَّ مِنْ عِبَادِ اللَّهِ مَنْ لَوْ أَقْسَمَ عَلَى اللَّهِ لَأَبَرَّهُ
(Second chain) It is narrated from Sayyiduna Anas (may Allah be pleased with him) that the sister of Rabi', Umm Haritha, wounded a person. They brought the dispute to the Messenger of Allah (peace and blessings be upon him). The Messenger of Allah (peace and blessings be upon him) said: Qisas (retaliation) will be taken, qisas. But Umm Rabi' said: O Messenger of Allah! Will qisas be taken from such-and-such woman? No, by Allah! Qisas will never be taken from her. The Noble Prophet (peace and blessings be upon him) said: Subhan Allah! O Umm Rabi'! It is a matter of Allah Almighty's Book. But Umm Rabi' again said: No, I am saying by Allah that qisas will not be taken from her. She kept saying this until those people agreed to accept blood money. The Messenger of Allah (peace and blessings be upon him) said: There are some servants of Allah Almighty that if they swear an oath by Allah, He fulfills their oath.
Brief Explanation
Benefits: … The issue presented in these two hadiths is that of retribution (qisas); the Prophet sallallahu alayhi wa sallam also demanded only retribution. In reality, in this matter, taking an oath is not beneficial; all authority lies with the oppressed party—they may take retribution (qisas), accept blood money (diyah), or forgive. However, when these Companions took an oath, Allah Ta'ala considered their situation, and the affected people relinquished their demand for retribution and agreed to accept blood money.
According to the first chain of narration, Rabi‘ bint Nadr broke the tooth, and according to the second chain, this act was done by Rabi‘’s sister, Umm Harithah. Imam Nawawi rahimahullah is of the opinion that these are two separate incidents. The second opinion is that it is one and the same incident, and Umm Harithah is actually the kunyah (agnomen) of Rabi‘ bint Nadr, not her sister.
The second issue is that in one narration, the oath of not breaking the tooth was taken by Sayyiduna Anas ibn Nadr radi Allahu anhu, and in another narration, it is stated that this oath was taken by Sayyidah Umm Rabi‘ radi Allahu anha. The solution is that both of them took the oath, but the two narrations mention them separately.
According to the first chain of narration, Rabi‘ bint Nadr broke the tooth, and according to the second chain, this act was done by Rabi‘’s sister, Umm Harithah. Imam Nawawi rahimahullah is of the opinion that these are two separate incidents. The second opinion is that it is one and the same incident, and Umm Harithah is actually the kunyah (agnomen) of Rabi‘ bint Nadr, not her sister.
The second issue is that in one narration, the oath of not breaking the tooth was taken by Sayyiduna Anas ibn Nadr radi Allahu anhu, and in another narration, it is stated that this oath was taken by Sayyidah Umm Rabi‘ radi Allahu anha. The solution is that both of them took the oath, but the two narrations mention them separately.
