صحيح البخاري
Bukhari
كتاب تفسير القرآنThe Book of Commentary
بَابُ: {يَا أَيُّهَا الَّذِينَ آمَنُوا كُتِبَ عَلَيْكُمُ الْقِصَاصُ فِي الْقَتْلَى الْحُرُّ بِالْحُرِّ} إِلَى قَوْلِهِ: {عَذَابٌ أَلِيمٌ} :Chapter. “O you who believe! Al-Qisas (the Law of Equality in punishment) is prescribed for you...” (V.2:178)
Hadith 4498
اُردوEn
{عُفِيَ} تُرِكَ.
And «عفي» means «ترك».
حَدَّثَنَا الْحُمَيْدِيُّ ، حَدَّثَنَا سُفْيَانُ , حَدَّثَنَا عَمْرٌو , قَالَ : سَمِعْتُ مُجَاهِدًا , قَالَ : سَمِعْتُ ابْنَ عَبَّاسٍ رَضِيَ اللَّهُ عَنْهُمَا ، يَقُولُ : كَانَ فِي بَنِي إِسْرَائِيلَ الْقِصَاصُ وَلَمْ تَكُنْ فِيهِمُ الدِّيَةُ , فَقَالَ اللَّهُ تَعَالَى لِهَذِهِ الْأُمَّةِ : كُتِبَ عَلَيْكُمُ الْقِصَاصُ فِي الْقَتْلَى الْحُرُّ بِالْحُرِّ وَالْعَبْدُ بِالْعَبْدِ وَالأُنْثَى بِالأُنْثَى فَمَنْ عُفِيَ لَهُ مِنْ أَخِيهِ شَيْءٌ سورة البقرة آية 178 فَالْعَفْوُ أَنْ يَقْبَلَ الدِّيَةَ فِي الْعَمْدِ فَاتِّبَاعٌ بِالْمَعْرُوفِ وَأَدَاءٌ إِلَيْهِ بِإِحْسَانٍ سورة البقرة آية 178 يَتَّبِعُ بِالْمَعْرُوفِ وَيُؤَدِّي بِإِحْسَانٍ ذَلِكَ تَخْفِيفٌ مِنْ رَبِّكُمْ وَرَحْمَةٌ سورة البقرة آية 178 مِمَّا كُتِبَ عَلَى مَنْ كَانَ قَبْلَكُمْ فَمَنِ اعْتَدَى بَعْدَ ذَلِكَ فَلَهُ عَذَابٌ أَلِيمٌ سورة البقرة آية 178 قَتَلَ بَعْدَ قَبُولِ الدِّيَةِ " .
Narrated Ibn `Abbas: The law of Qisas (i.e. equality in punishment) was prescribed for the children of Israel, but the Diya (i.e. blood money was not ordained for them). So Allah said to this Nation (i.e. Muslims): "O you who believe! The law of Al-Qisas (i.e. equality in punishment) is prescribed for you in cases of murder: The free for the free, the slave for the slave, and the female for the female. But if the relatives (or one of them) of the killed (person) forgive their brother (i.e. the killers something of Qisas (i.e. not to kill the killer by accepting blood money in the case of intentional murder)----then the relatives (of the killed person) should demand blood-money in a reasonable manner and the killer must pay with handsome gratitude. This is an allevitation and a Mercy from your Lord, (in comparison to what was prescribed for the nations before you). So after this, whoever transgresses the limits (i.e. to kill the killer after taking the blood-money) shall have a painful torment." (2.178)
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
By "qisas" is meant retribution, which holds great significance in Islamic law.
This is the very law through which peace can be maintained in the world.
If this law did not exist, then for an oppressor, shedding the blood of a poor person would become nothing more than a game.
The granting of pardon by the heirs of the murdered is also permissible only until the case reaches the court.
Once it goes to court, then the implementation of the law becomes necessary.
By "qisas" is meant retribution, which holds great significance in Islamic law.
This is the very law through which peace can be maintained in the world.
If this law did not exist, then for an oppressor, shedding the blood of a poor person would become nothing more than a game.
The granting of pardon by the heirs of the murdered is also permissible only until the case reaches the court.
Once it goes to court, then the implementation of the law becomes necessary.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 4498
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
1.
Allamah Khattabi rahimahullah states:
The verse of retribution (qisas) is in need of explanation, because after forgiveness, what does “following in a good manner” mean? Then he has answered this by saying that its meaning is conditional forgiveness, that is, to withdraw from retribution (qisas) and be content with accepting blood money (diyah).
(Fath al-Bari: 8/222)
2.
In Islamic law, qisas (retribution) holds great importance; it is the law that guarantees peace in the world.
If this law did not exist, then for the oppressor, shedding the blood of the poor would become a mere game.
The Noble Qur’an has declared the law of qisas to be the life of society.
This means that the death penalty in exchange for murder is not something detestable, as some modernists think, but rather it is a source of peace.
This can still be observed today in Saudi society, where the blessings of implementing Islamic hudud (prescribed punishments) are evident.
Other Islamic countries should also implement Islamic hudud so that they may provide their people with a peaceful life.
3.
A society that considers the life of those who do not respect human life to be worthy of respect is, in reality, nurturing a snake in its sleeve.
By saving the life of a murderer, it puts the lives of many innocent people at risk.
1.
Allamah Khattabi rahimahullah states:
The verse of retribution (qisas) is in need of explanation, because after forgiveness, what does “following in a good manner” mean? Then he has answered this by saying that its meaning is conditional forgiveness, that is, to withdraw from retribution (qisas) and be content with accepting blood money (diyah).
(Fath al-Bari: 8/222)
2.
In Islamic law, qisas (retribution) holds great importance; it is the law that guarantees peace in the world.
If this law did not exist, then for the oppressor, shedding the blood of the poor would become a mere game.
The Noble Qur’an has declared the law of qisas to be the life of society.
This means that the death penalty in exchange for murder is not something detestable, as some modernists think, but rather it is a source of peace.
This can still be observed today in Saudi society, where the blessings of implementing Islamic hudud (prescribed punishments) are evident.
Other Islamic countries should also implement Islamic hudud so that they may provide their people with a peaceful life.
3.
A society that considers the life of those who do not respect human life to be worthy of respect is, in reality, nurturing a snake in its sleeve.
By saving the life of a murderer, it puts the lives of many innocent people at risk.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 4498
