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الفتح الربانی
Fath al-Rabbani
أبواب الديةChapters on Blood Money
بَابٌ جَامِعٌ لِدِيَةِ مَادُونَ النَّفْسِ مِنَ الْأَعْضَاءِ وَالْجِرَاحِ وَغَيْرِ ذَلِكَChapter: Comprehensive on Blood Money for Less Than Life, Such as Limbs, Wounds, and Others
Hadith 6593
اُردوEn
عَنْ عَمْرِو بْنِ شُعَيْبٍ عَنْ أَبِيهِ عَنْ جَدِّهِ رَضِيَ اللَّهُ عَنْهُ أَنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ قَضَى فِي الْأَنْفِ إِذَا جُدِعَ كُلُّهُ الدِّيَةَ كَامِلَةً وَإِذَا جُدِعَتْ أَرْنَبَتُهُ فَنِصْفَ الدِّيَةِ وَفِي الْعَيْنِ نِصْفَ الدِّيَةِ وَفِي الْيَدِ نِصْفَ الدِّيَةِ وَفِي الرِّجْلِ نِصْفَ الدِّيَةِ وَقَضَى أَنْ يَعْقِلَ عَنِ الْمَرْأَةِ عَصَبَتُهَا مَنْ كَانُوا وَلَا يَرِثُونَ مِنْهَا إِلَّا مَا فَضَلَ عَنْ وَرَثَتِهَا وَإِنْ قُتِلَتْ فَعَقْلُهَا بَيْنَ وَرَثَتِهَا وَهُمْ يَقْتُلُونَ قَاتِلَهَا وَقَضَى أَنَّ عَقْلَ أَهْلِ الْكِتَابِ نِصْفُ عَقْلِ الْمُسْلِمِينَ وَهُمُ الْيَهُودُ وَالنَّصَارَى
It is narrated from Sayyiduna Abdullah bin Amr bin Aas (may Allah be pleased with them both) that the Messenger of Allah (peace and blessings be upon him) decreed that when someone's nose is completely cut off, the full blood money (diyah) is due; when only the tip of the nose is cut off, half the diyah is due; for one eye, half the diyah; for one hand, half the diyah; and for one foot, half the diyah. Also, the Prophet (peace and blessings be upon him) decreed that the diyah of a woman will be paid by her 'asaba (male agnate relatives), whoever they may be, and these 'asaba will inherit the wealth left after the shares of the rightful heirs (ashab al-furud). And if a woman is killed, her diyah will go to her heirs, and they will be the ones to execute retribution against her killer. The Prophet (peace and blessings be upon him) also decreed that the diyah of the People of the Book, i.e., Jews and Christians, is half that of the diyah of Muslims.
Brief Explanation
Benefits: … The rulings mentioned in the blessed hadith are clear; the blood money (diyah) for certain body parts has been specified. An important issue stated in this hadith is that in the case of unintentional killing (qatl khata’) and quasi-intentional killing (qatl shibh al-‘amd), the blood money (diyah) that becomes obligatory upon the killer will not be paid by the killer himself, but rather this blood money will be paid by his “ʿāqilah” (agnatic relatives). In some narrations, the word “ʿāqilah” is used, and in others, “ʿaṣabah” (agnates).
“ʿĀqilah”: … Those relatives on the father’s side who participate in the payment of blood money, for example, brothers, nephews, paternal uncles, paternal cousins, etc.
However, among these relatives, neither the son nor the father of the killer is included. When one of the two women from the tribe of Huzayl killed the other, each had a husband and children, but the narrator says: “So the Messenger of Allah (sallallahu alayhi wa sallam) placed the blood money of the murdered woman upon the ʿāqilah of the killer woman, and he exempted her husband and children from the payment of blood money.” (Abu Dawud: 4575, Ibn Majah: 2248)
This ruling is contrary to the general laws of the Shari‘ah; the general principle is that a criminal is himself responsible for his crime. However, in the case of blood money for unintentional killing, the pure Shari‘ah has adopted this approach. In reality, the intent of the Shari‘ah is that the killer in unintentional killing is not a criminal, and in quasi-intentional killing, although he is a criminal because a Muslim was killed by his hand, his intention was not to kill. Therefore, if the entire blood money is imposed upon him, it is possible that all his wealth would be exhausted, or he would become indebted, and then he might be forced to beg. However, those who have been killed—their blood cannot be left unavenged. Thus, the Shari‘ah, out of leniency, has devised a new way: that certain relatives of such a killer pay the blood money on his behalf. In the science of inheritance, the definition of “ʿaṣabah” is different; in that context, the father, son, and grandson are included. An issue of inheritance is also mentioned: if a woman is killed, then just as her estate is distributed, the wealth of her blood money will also be distributed among her heirs according to the laws of inheritance. The ʿaṣabah receive what remains after the fixed shares (ashab al-furud) are given. This hadith points to this very issue.
“ʿĀqilah”: … Those relatives on the father’s side who participate in the payment of blood money, for example, brothers, nephews, paternal uncles, paternal cousins, etc.
However, among these relatives, neither the son nor the father of the killer is included. When one of the two women from the tribe of Huzayl killed the other, each had a husband and children, but the narrator says: “So the Messenger of Allah (sallallahu alayhi wa sallam) placed the blood money of the murdered woman upon the ʿāqilah of the killer woman, and he exempted her husband and children from the payment of blood money.” (Abu Dawud: 4575, Ibn Majah: 2248)
This ruling is contrary to the general laws of the Shari‘ah; the general principle is that a criminal is himself responsible for his crime. However, in the case of blood money for unintentional killing, the pure Shari‘ah has adopted this approach. In reality, the intent of the Shari‘ah is that the killer in unintentional killing is not a criminal, and in quasi-intentional killing, although he is a criminal because a Muslim was killed by his hand, his intention was not to kill. Therefore, if the entire blood money is imposed upon him, it is possible that all his wealth would be exhausted, or he would become indebted, and then he might be forced to beg. However, those who have been killed—their blood cannot be left unavenged. Thus, the Shari‘ah, out of leniency, has devised a new way: that certain relatives of such a killer pay the blood money on his behalf. In the science of inheritance, the definition of “ʿaṣabah” is different; in that context, the father, son, and grandson are included. An issue of inheritance is also mentioned: if a woman is killed, then just as her estate is distributed, the wealth of her blood money will also be distributed among her heirs according to the laws of inheritance. The ʿaṣabah receive what remains after the fixed shares (ashab al-furud) are given. This hadith points to this very issue.
