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الفتح الربانی
Fath al-Rabbani
أبواب الديةChapters on Blood Money
بَاب مَا جَاءَ فِي الْعَاقِلَةِ وَمَا تَحْمِلُهُChapter: What Has Been Reported Regarding the 'Aqilah and What They Bear
Hadith 6612
اُردوEn
عَنْ جَابِرِ بْنِ عَبْدِ اللَّهِ رَضِيَ اللَّهُ عَنْهُمَا قَالَ كَتَبَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ عَلَى كُلِّ بَطْنٍ عُقُولَهُ ثُمَّ إِنَّهُ كَتَبَ أَنَّهُ لَا يَحِلُّ أَنْ يُتَوَالَى وَقَالَ رَوْحٌ يَتَوَلَّى مَوْلَى رَجُلٍ مُسْلِمٍ بِغَيْرِ إِذْنِهِ
It is narrated from Sayyiduna Jabir bin Abdullah (may Allah be pleased with them both) that the Noble Prophet (peace and blessings be upon him) had it written that it is obligatory for every branch of the tribe to pay blood money, and he also had it written that it is not permissible for anyone to become a guardian of another without permission. The words of the narrator Ruh are: It is not lawful for a (freed) slave of a Muslim man to appoint anyone else as his guardian without his permission.
Brief Explanation
Benefits: … In the benefits of Hadith number (6593), it has already been clarified who is responsible for paying the blood money (diyah) in cases of accidental killing (qatl khata) and quasi-intentional killing (qatl shibh al-amd), and why. A freed slave cannot attribute his freedom to anyone other than his emancipator. In this hadith, the restriction "without permission" is mentioned as a form of reprimand; otherwise, even with permission, one cannot be attributed to someone else.
