صحيح البخاري
Bukhari
كتاب الدياتThe Book of Ad-Diyait (Blood - Money)
بَابُ إِذَا مَاتَ فِي الزِّحَامِ أَوْ قُتِلَ:Chapter. If someone dies or is killed in a big crowd.
Hadith 6890
اُردوEn
حَدَّثَنِي إِسْحَاقُ بْنُ مَنْصُورٍ ، أَخْبَرَنَا أَبُو أُسَامَةَ ، قَالَ : هِشَامٌ أَخْبَرَنَا ، عَنْ أَبِيهِ ، عَنْ عَائِشَةَ ، قَالَتْ : " لَمَّا كَانَ يَوْمُ أُحُدٍ ، هُزِمَ الْمُشْرِكُونَ ، فَصَاحَ إِبْلِيسُ : أَيْ عِبَادَ اللَّهِ أُخْرَاكُمْ ، فَرَجَعَتْ أُولَاهُمْ ، فَاجْتَلَدَتْ هِيَ وَأُخْرَاهُمْ " ، فَنَظَرَ حُذَيْفَةُ فَإِذَا هُوَ بِأَبِيهِ الْيَمَانِ ، فَقَالَ : أَيْ عِبَادَ اللَّهِ : أَبِي أَبِي ، قَالَتْ : فَوَاللَّهِ مَا احْتَجَزُوا حَتَّى قَتَلُوهُ ، قَالَ حُذَيْفَةُ : غَفَرَ اللَّهُ لَكُمْ ، قَالَ عُرْوَةُ : فَمَا زَالَتْ فِي حُذَيْفَةَ مِنْهُ بَقِيَّةُ خَيْرٍ حَتَّى لَحِقَ بِاللَّهِ .
Narrated `Aisha: "When it was the day of (the battle of) Uhud, the pagans were defeated. Then Satan shouted, "O Allah's worshipers! Beware of what is behind you!" So the front files attacked the back files of the army. Hudhaifa looked, and behold, there was his father, Al-Yaman (being attacked) ! He shouted (to his companions), "O Allah's worshipers, my father, my father!" But by Allah, they did not stop till they killed him (i.e., Hudhaifa's father). Hudhaifa said, "May Allah forgive you." (`Urwa said, Hudhaifa continued asking Allah's Forgiveness for the killer of his father till he died.
Explanation & Benefits
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
If a Muslim is killed in a crowd or accident, the following opinions exist regarding his blood money (diyah):
➊ The diyah for such a killing should be paid from the public treasury (bayt al-mal).
➋ The diyah is upon those people who were present at that time.
➌ The heir of the deceased should be told to nominate one person; then, if he swears an oath, he will be entitled to the diyah, and if he refuses to swear, the claim will be concluded by the oath of the defendant.
➍ Such blood is wasted and lost; no one will be able to demand diyah from anyone.
(2)
According to our inclination, the position that is most reasonable regarding this is that the diyah should be paid from the public treasury (bayt al-mal), so that the blood of a Muslim is not wasted and lost, just as the Messenger of Allah (sallallahu alayhi wa sallam) himself paid the diyah of the father of Hudhayfah (radi Allahu anhu) from the bayt al-mal.
This is also supported by an action of Ali (radi Allahu anhu), that on a Friday a man was killed in a crowd, so he paid his diyah from the bayt al-mal.
In the present era, it is the duty of the government to pay the diyah of those who die in accidents from the national treasury.
(Fath al-Bari: 12/271)
(1)
If a Muslim is killed in a crowd or accident, the following opinions exist regarding his blood money (diyah):
➊ The diyah for such a killing should be paid from the public treasury (bayt al-mal).
➋ The diyah is upon those people who were present at that time.
➌ The heir of the deceased should be told to nominate one person; then, if he swears an oath, he will be entitled to the diyah, and if he refuses to swear, the claim will be concluded by the oath of the defendant.
➍ Such blood is wasted and lost; no one will be able to demand diyah from anyone.
(2)
According to our inclination, the position that is most reasonable regarding this is that the diyah should be paid from the public treasury (bayt al-mal), so that the blood of a Muslim is not wasted and lost, just as the Messenger of Allah (sallallahu alayhi wa sallam) himself paid the diyah of the father of Hudhayfah (radi Allahu anhu) from the bayt al-mal.
This is also supported by an action of Ali (radi Allahu anhu), that on a Friday a man was killed in a crowd, so he paid his diyah from the bayt al-mal.
In the present era, it is the duty of the government to pay the diyah of those who die in accidents from the national treasury.
(Fath al-Bari: 12/271)
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 6890
