صحيح البخاري
Bukhari
كتاب الدياتThe Book of Ad-Diyait (Blood - Money)
بَابُ إِذَا أَصَابَ قَوْمٌ مِنْ رَجُلٍ هَلْ يُعَاقِبُ أَوْ يَقْتَصُّ مِنْهُمْ كُلِّهِمْ:Chapter. If a group of people killed or injured one man, will all of them have to give Diya or be punished with the law of Al-Qisas (equality in punishment)?
Hadith 6896
اُردوEn
وَقَالَ مُطَرِّفٌ : عَنِ الشَّعْبِيِّ ، فِي : رَجُلَيْنِ شَهِدَا عَلَى رَجُلٍ أَنَّهُ سَرَقَ ، فَقَطَعَهُ عَلِيٌّ ، ثُمَّ جَاءَا بِآخَرَ ، وَقَالَا : أَخْطَأْنَا ، فَأَبْطَلَ شَهَادَتَهُمَا ، وَأُخِذَا بِدِيَةِ الْأَوَّلِ ، وَقَالَ : لَوْ عَلِمْتُ أَنَّكُمَا تَعَمَّدْتُمَا لَقَطَعْتُكُمَا .
'And Mutarrif narrated from Sha'bi that two men testified against a person that he had committed theft, so 'Ali (may Allah be pleased with him) cut off his hand. Afterwards, those same two brought another person and said, "We made a mistake (actually, this was the thief)." So 'Ali (may Allah be pleased with him) invalidated their testimony and took blood money from them for the first one (whose hand had been cut off), and said, "If I were certain that you both had done this deliberately, I would have cut off your hands."'
وَقَالَ لِي ابْنُ بَشَّارٍ ، حَدَّثَنَا يَحْيَى ، عَنْ عُبَيْدِ اللَّهِ ، عَنْ نَافِعٍ ، عَنِ ابْنِ عُمَرَ رَضِيَ اللَّهُ عَنْهُمَا : أَنَّ غُلَامًا قُتِلَ غِيلَةً ، فَقَالَ عُمَرُ : لَوِ اشْتَرَكَ فِيهَا أَهْلُ صَنْعَاءَ لَقَتَلْتُهُمْ ، وَقَالَ مُغِيرَةُ بْنُ حَكِيمٍ ، عَنْ أَبِيهِ ، إِنَّ أَرْبَعَةً قَتَلُوا صَبِيًّا ، فَقَالَ عُمَرُ مِثْلَهُ ، وَأَقَادَ أَبُو بَكْرٍ ، وَابْنُ الزُّبَيْرِ ، وَعَلِيٌّ ، وَسُوَيْدُ بْنُ مُقَرِّنٍ مِنْ لَطْمَةٍ ، وَأَقَادَ عُمَرُ مِنْ ضَرْبَةٍ بِالدِّرَّةِ ، وَأَقَادَ عَلِيٌّ مِنْ ثَلَاثَةِ أَسْوَاطٍ ، وَاقْتَصَّ شُرَيْحٌ مِنْ سَوْطٍ وَخُمُوشٍ .
Ibn 'Umar said: A boy was assassinated. 'Umar said, "If all the people of San'a took part in the assassination I would kill them all." Al-Mughira bin Hakim said that his father said, "Four persons killed a boy, and 'Umar said (as above)." Abu Bakr, Ibn Az-Zubair, 'Ali and Suwaid bin Muqarrin gave the judgement of Al-Qisas (equality in punishment) in cases of slapping. And 'Umar carried out Al-Qisas for a strike with a stick. And 'Ali carried out Al-Qisas for three lashes with a whip. And Shuraih carried out for one last and for scratching.
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
In Sana'a, the capital of Yemen, a woman's husband went away somewhere and left one of his children, who was from this man's other wife, in the care of his current wife so that she could look after him.
After he left, the woman took a lover and told him, "First, get rid of this child, because he could disgrace us at any time."
At first, the lover refused, but then he agreed.
In the murder of this child, the woman's lover, another man, the woman herself, and her servant were all accomplices.
After killing the child, they cut him into pieces, put him in a sack, and threw him into a deserted well.
Later, when her lover was arrested, he confessed to the crime.
The remaining murderers also confessed.
Hazrat Ya'la ibn Umayyah radi Allahu anhu, who was the governor of Sana'a at that time, wrote to Hazrat Umar ibn al-Khattab radi Allahu anhu regarding this case, and he replied in writing that all of them should be killed. He further stated:
"If all the people of Sana'a had participated in this murder, I would have ordered all of them to be killed."
In Sana'a, the capital of Yemen, a woman's husband went away somewhere and left one of his children, who was from this man's other wife, in the care of his current wife so that she could look after him.
After he left, the woman took a lover and told him, "First, get rid of this child, because he could disgrace us at any time."
At first, the lover refused, but then he agreed.
In the murder of this child, the woman's lover, another man, the woman herself, and her servant were all accomplices.
After killing the child, they cut him into pieces, put him in a sack, and threw him into a deserted well.
Later, when her lover was arrested, he confessed to the crime.
The remaining murderers also confessed.
Hazrat Ya'la ibn Umayyah radi Allahu anhu, who was the governor of Sana'a at that time, wrote to Hazrat Umar ibn al-Khattab radi Allahu anhu regarding this case, and he replied in writing that all of them should be killed. He further stated:
"If all the people of Sana'a had participated in this murder, I would have ordered all of them to be killed."
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 6896
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
In the capital of Yemen, Sana'a, a woman's husband went away somewhere and left his child, who was from this man's other wife, in the care of his current wife so that she could look after him. After he left, the woman took a lover and said to him: "First, get rid of this child, because he could disgrace us at any time." The lover at first refused, but then agreed. In the murder of this child, the woman's lover, another man, the woman herself, and her servant were all involved. After killing him, they cut him into pieces, put him in a sack, and threw him into a deserted well. Later, when her lover was arrested, he confessed to the crime. The rest of the murderers also confessed, so Hazrat Ya'la ibn Umayyah radi Allahu anhu, who was the governor of Sana'a at that time, wrote to Hazrat Umar radi Allahu anhu regarding this murder case. In reply, he wrote that all of them should be killed, and further said: "By Allah! If all the people of Sana'a had participated in this murder, I would have ordered all of them to be killed." (Fath al-Bari: 12/283, 284)
(2)
Imam Bukhari rahimahullah has also mentioned the subject of retaliation (qisas) for slapping and scratching under this heading. Two reasons are given for this:
➊ Some scholars hold the view that since there is no exact equivalence in slaps and scratches, therefore, there is no qisas in these cases, but rather discretionary punishment (ta'zir).
Imam Bukhari rahimahullah has considered the view of these scholars as questionable and has established that in Islam, qisas was taken and given in such cases.
➋ When there is qisas even in minor and trivial matters, then if more people participate in a crime, whether few or many, all are equally partners in the crime.
Each one should be punished, just as qisas is taken in minor matters, it will also be taken from them.
No other punishment will be given besides this.
(Fath al-Bari: 12/285)
(1)
In the capital of Yemen, Sana'a, a woman's husband went away somewhere and left his child, who was from this man's other wife, in the care of his current wife so that she could look after him. After he left, the woman took a lover and said to him: "First, get rid of this child, because he could disgrace us at any time." The lover at first refused, but then agreed. In the murder of this child, the woman's lover, another man, the woman herself, and her servant were all involved. After killing him, they cut him into pieces, put him in a sack, and threw him into a deserted well. Later, when her lover was arrested, he confessed to the crime. The rest of the murderers also confessed, so Hazrat Ya'la ibn Umayyah radi Allahu anhu, who was the governor of Sana'a at that time, wrote to Hazrat Umar radi Allahu anhu regarding this murder case. In reply, he wrote that all of them should be killed, and further said: "By Allah! If all the people of Sana'a had participated in this murder, I would have ordered all of them to be killed." (Fath al-Bari: 12/283, 284)
(2)
Imam Bukhari rahimahullah has also mentioned the subject of retaliation (qisas) for slapping and scratching under this heading. Two reasons are given for this:
➊ Some scholars hold the view that since there is no exact equivalence in slaps and scratches, therefore, there is no qisas in these cases, but rather discretionary punishment (ta'zir).
Imam Bukhari rahimahullah has considered the view of these scholars as questionable and has established that in Islam, qisas was taken and given in such cases.
➋ When there is qisas even in minor and trivial matters, then if more people participate in a crime, whether few or many, all are equally partners in the crime.
Each one should be punished, just as qisas is taken in minor matters, it will also be taken from them.
No other punishment will be given besides this.
(Fath al-Bari: 12/285)
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 6896
