صحيح البخاري
Bukhari
كتاب الدياتThe Book of Ad-Diyait (Blood - Money)
بَابُ مَنْ قُتِلَ لَهُ قَتِيلٌ فَهْوَ بِخَيْرِ النَّظَرَيْنِ:Chapter. The relative of the killed person has the right to choose one of two compensations (i.e., to have the killer killed, or to accept blood-money).
Hadith 6881
اُردوEn
حَدَّثَنَا قُتَيْبَةُ بْنُ سَعِيدٍ ، حَدَّثَنَا سُفْيَانُ ، عَنْ عَمْرٍو ، عَنْ مُجَاهِدٍ ، عَنِ ابْنِ عَبَّاسٍ رَضِيَ اللَّهُ عَنْهُمَا ، قَالَ : كَانَتْ فِي بَنِي إِسْرَائِيلَ قِصَاصٌ وَلَمْ تَكُنْ فِيهِمُ الدِّيَةُ ، فَقَالَ اللَّهُ لِهَذِهِ الْأُمَّةِ : كُتِبَ عَلَيْكُمُ الْقِصَاصُ فِي الْقَتْلَى إِلَى هَذِهِ الْآيَةِ فَمَنْ عُفِيَ لَهُ مِنْ أَخِيهِ شَيْءٌ سورة البقرة آية 178 ، قَالَ ابْنُ عَبَّاسٍ ، فَالْعَفْوُ أَنْ يَقْبَلَ الدِّيَةَ فِي الْعَمْدِ ، قَالَ : فَاتِّبَاعٌ بِالْمَعْرُوفِ أَنْ يَطْلُبَ بِمَعْرُوفٍ وَيُؤَدِّيَ بِإِحْسَانٍ " .
Narrated Ibn `Abbas: For the children of Israel the punishment for crime was Al-Qisas only (i.e., the law of equality in punishment) and the payment of Blood money was not permitted as an alternate. But Allah said to this nation (Muslims): 'O you who believe! Qisas is prescribed for you in case of murder, .....(up to) ...end of the Verse. (2.178) Ibn `Abbas added: Remission (forgiveness) in this Verse, means to accept the Blood-money in an intentional murder. Ibn `Abbas added: The Verse: 'Then the relatives should demand Blood-money in a reasonable manner.' (2.178) means that the demand should be reasonable and it is to be compensated with handsome gratitude.
Explanation & Benefits
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
From this hadith, it is understood that in the case of intentional murder (qatl ‘amd), the choice to accept blood money (diyah) or to demand retribution (qisas) belongs to the heirs of the murdered person; the consent of the killer is not a condition in this matter.
Among the Jews, only retribution (qisas) was permitted, whereas among the Christians, there was only pardon instead of retribution. However, Islam has chosen a middle path between this excess and deficiency: if the heirs of the murdered person are satisfied with accepting blood money (diyah), then they have the right to do so.
If the killer insists on retribution (qisas) being carried out, his insistence holds no weight; rather, he can be compelled to pay the blood money (diyah), because the killer is also responsible for the protection of his own life. The statement of Allah, the Exalted, is:
“Do not kill yourselves.” ( an-Nisa 4:29)
Therefore, when the heirs of the murdered person are willing to accept blood money (diyah), the killer should not refuse it.
Imam Bukhari rahimahullah has established this position from the hadith of Ibn Abbas radi Allahu anhu.
(Fath al-Bari: 12/255, 256)
From this hadith, it is understood that in the case of intentional murder (qatl ‘amd), the choice to accept blood money (diyah) or to demand retribution (qisas) belongs to the heirs of the murdered person; the consent of the killer is not a condition in this matter.
Among the Jews, only retribution (qisas) was permitted, whereas among the Christians, there was only pardon instead of retribution. However, Islam has chosen a middle path between this excess and deficiency: if the heirs of the murdered person are satisfied with accepting blood money (diyah), then they have the right to do so.
If the killer insists on retribution (qisas) being carried out, his insistence holds no weight; rather, he can be compelled to pay the blood money (diyah), because the killer is also responsible for the protection of his own life. The statement of Allah, the Exalted, is:
“Do not kill yourselves.” ( an-Nisa 4:29)
Therefore, when the heirs of the murdered person are willing to accept blood money (diyah), the killer should not refuse it.
Imam Bukhari rahimahullah has established this position from the hadith of Ibn Abbas radi Allahu anhu.
(Fath al-Bari: 12/255, 256)
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 6881
