حَدَّثَنَا آدَمُ حَدَّثَنَا شُعْبَةُ عَنْ قَتَادَةَ عَنْ عِكْرِمَةَ عَنِ ابْنِ عَبَّاسٍ عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ: «هَذِهِ وَهَذِهِ سَوَاءٌ»، يَعْنِي الْخِنْصَرَ وَالإِبْهَامَ.
Narrated Ibn `Abbas: The Prophet said, "This and this are the same." He meant the little finger and the thumb.
حَدَّثَنَا مُحَمَّدُ بْنُ بَشَّارٍ حَدَّثَنَا ابْنُ أَبِي عَدِيٍّ عَنْ شُعْبَةَ عَنْ قَتَادَةَ عَنْ عِكْرِمَةَ عَنِ ابْنِ عَبَّاسٍ قَالَ: سَمِعْتُ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ نَحْوَهُ.
Narrated Ibn `Abbas: I heard the Prophet (saying the same as above Hadith 34).
Explanation & Benefits
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
In blood money (diyah), the compensation for both small and large fingers is equal. The diyah for each finger is ten camels, and likewise, the fingers of the hand and the foot are equal; none is given preference over the other.
(2)
In the time of Umar radi Allahu anhu, the diyah was initially such that for the thumb it was fifteen, for the index and middle fingers ten each, for the one after that nine, and for the little finger six. In this way, the total for all the fingers of the hand was fifty camels. Then, when he saw a letter from the Messenger of Allah sallallahu alayhi wa sallam addressed to Amr bin Hazm, in which the diyah for each finger was stated as ten camels, he retracted his earlier position.
Similarly, a man came to Shurayh and asked about the diyah for the fingers. He replied that for each finger it is ten camels. The man said: "Subhan Allah! The thumb and the little finger are equal?" Shurayh replied: "Woe to you! One should not resort to analogy (qiyas) in the presence of the Sunnah. Follow it and do not take the path of innovation (bid‘ah)." (Fath al-Bari: 12/281)
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 6895
Shaykh Dr. Abdur Rahman Freywai
Explanation:
1:
That is, the blood money (diyah) for both is ten camels each,
even though the thumb is less in joints compared to the little finger.
Similarly, if a phalanx (joint segment) of a finger is cut off, then its blood money will be one-third of the blood money for the entire finger.
If one phalanx of the thumb is cut off, then its blood money will be half of the blood money for the thumb, because the thumb has only two phalanges, unlike the other fingers which have three phalanges.
The ruling for the fingers of the hand and the toes of the foot is the same; no distinction will be made between them.
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1392
Maulana Ataullah Sajid
Benefits and Issues:
➊ If someone breaks another person's tooth, the compensation (diyah) for it is five camels.
➋ The compensation increases according to the number of teeth broken, that is, for each tooth, there will be five camels, even if their total exceeds the full diyah (compensation) for a person (one hundred camels).
➌ There will be no difference in the compensation for teeth based on their position or utility.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2651
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه البخاري، الديات، باب دية الأصابع، حديث:6895، وأبوداود، الديات، حديث:4559، والترمذي، الديات، حديث:1392، وابن حبان (الإحسان):7 /602، حديث:5980.»©Explanation:
This hadith is evidence that blood money (diyah) is not determined according to the amount of benefit (utility) of the lost limb. The thumb is more useful and beneficial than the little finger, in fact, it is more beneficial than all the other fingers. Similarly, the molar teeth are more useful and beneficial compared to the other teeth. Despite this, in terms of diyah, all of these are equal, and the diyah for each is ten camels.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 1013