صحيح البخاري
Bukhari
كتاب الدياتThe Book of Ad-Diyait (Blood - Money)
بَابُ لاَ يُقْتَلُ الْمُسْلِمُ بِالْكَافِرِ:Chapter. A Muslim should not be killed for killing a Kafir (disbeliever).
Hadith 6915
اُردوEn
حَدَّثَنَا أَحْمَدُ بْنُ يُونُسَ ، حَدَّثَنَا زُهَيْرٌ ، حَدَّثَنَا مُطَرِّفٌ ، أَنَّ عَامِرًا حَدَّثَهُمْ ، عَنْ أَبِي جُحَيْفَةَ ، قَالَ : قُلْتُ : لِعَلِيٍّ . ح حَدَّثَنَا صَدَقَةُ بْنُ الْفَضْلِ ،أَخْبَرَنَا ابْنُ عُيَيْنَةَ ، حَدَّثَنَا مُطَرِّفٌ ، سَمِعْتُ الشَّعْبِيَّ ، يُحَدِّثُ ، قَالَ : سَمِعْتُ أَبَا جُحَيْفَةَ ، قَالَ : سَأَلْتُ عَلِيًّا رَضِيَ اللَّهُ عَنْهُ : هَلْ عِنْدَكُمْ شَيْءٌ مِمَّا لَيْسَ فِي الْقُرْآنِ ؟ ، وَقَالَ ابْنُ عُيَيْنَةَ مَرَّةً : مَا لَيْسَ عِنْدَ النَّاسِ ، فَقَالَ : " وَالَّذِي فَلَقَ الْحَبَّةَ ، وَبَرَأَ النَّسَمَةَ ، مَا عِنْدَنَا إِلَّا مَا فِي الْقُرْآنِ إِلَّا فَهْمًا يُعْطَى رَجُلٌ فِي كِتَابِهِ وَمَا فِي الصَّحِيفَةِ ، قُلْتُ : وَمَا فِي الصَّحِيفَةِ ؟ ، قَالَ : الْعَقْلُ وَفِكَاكُ الْأَسِيرِ وَأَنْ لَا يُقْتَلَ مُسْلِمٌ بِكَافِرٍ " .
Narrated Abu Juhaifa: I asked `Ali "Do you have anything Divine literature besides what is in the Qur'an?" Or, as Uyaina once said, "Apart from what the people have?" `Ali said, "By Him Who made the grain split (germinate) and created the soul, we have nothing except what is in the Qur'an and the ability (gift) of understanding Allah's Book which He may endow a man, with and what is written in this sheet of paper." I asked, "What is on this paper?" He replied, "The legal regulations of Diya (Blood-money) and the (ransom for) releasing of the captives, and the judgment that no Muslim should be killed in Qisas (equality in punishment) for killing a Kafir (disbeliever).
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
The Hanafis, abandoning this authentic hadith which is narrated from the Ahl al-Bayt of the Messenger, have taken evidence from a weak hadith which Daraqutni and Bayhaqi have narrated from Ibn Umar (radi Allahu anhuma), that the Prophet (sallallahu alayhi wa sallam) had a Muslim killed in retaliation for a disbeliever. However, Daraqutni himself has explicitly stated that its narrator, Ibrahim, is weak, and Bayhaqi has said that this hadith is due to the narrator's mistake, and such a narration, when solitary, is not a proof—
especially when it is also mursal and in opposition (to authentic narrations).
The memorizer of authentic hadiths has said: Even if we accept that this incident is authentic, this hadith would not abrogate the hadith "A Muslim is not killed for a disbeliever" (la yuqtalu Muslimun bi-Kafir), because you (sallallahu alayhi wa sallam) stated this on the day of the conquest of Makkah.
The Hanafis, abandoning this authentic hadith which is narrated from the Ahl al-Bayt of the Messenger, have taken evidence from a weak hadith which Daraqutni and Bayhaqi have narrated from Ibn Umar (radi Allahu anhuma), that the Prophet (sallallahu alayhi wa sallam) had a Muslim killed in retaliation for a disbeliever. However, Daraqutni himself has explicitly stated that its narrator, Ibrahim, is weak, and Bayhaqi has said that this hadith is due to the narrator's mistake, and such a narration, when solitary, is not a proof—
especially when it is also mursal and in opposition (to authentic narrations).
The memorizer of authentic hadiths has said: Even if we accept that this incident is authentic, this hadith would not abrogate the hadith "A Muslim is not killed for a disbeliever" (la yuqtalu Muslimun bi-Kafir), because you (sallallahu alayhi wa sallam) stated this on the day of the conquest of Makkah.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 6915
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
Imam Bukhari rahimahullah did not mention this chapter after the previous one, which contained a severe warning, in order to suggest that a Muslim should be killed in retaliation for a dhimmi (non-Muslim under Muslim protection) if a Muslim intentionally kills him. Rather, he also alluded to the fact that just because a Muslim is not killed in retaliation for a disbeliever, it does not mean that a Muslim is permitted to kill any disbeliever at will. In fact, it is also forbidden to kill a dhimmi or a person under covenant without right.
(Fath al-Bari: 12/325) (2)
There is a difference of opinion regarding killing a Muslim in retaliation for a dhimmi.
The majority of scholars say that a dhimmi is also a disbeliever, so a Muslim will not be killed in retaliation for him. However, the scholars of Kufa say that a Muslim should be killed in retaliation for a dhimmi.
They have relied on a narration in this regard, that the Messenger of Allah sallallahu alayhi wa sallam killed a Muslim in retaliation for a person under covenant and said:
“I am more entitled to fulfill the covenant of the people under protection.”
(Sunan al-Daraqutni: 3/135)
Regarding this hadith, Imam Daraqutni rahimahullah has made a severe criticism, stating that it is narrated by Ibrahim ibn Abi Yahya, who is abandoned in hadith, and it is also narrated by Ibn Bilmani, who is extremely weak.
Despite this, he narrates this hadith as mursal (with a missing link).
(Sunan al-Daraqutni: 3/135)
Even if it is accepted as authentic, it is still abrogated, because the hadith stating that a believer is not to be killed in retaliation for a disbeliever was pronounced by the Prophet sallallahu alayhi wa sallam on the occasion of the conquest of Makkah.
(Fath al-Bari: 12/327)
In view of the majority’s position, which is based on reality, Imam Zufar from among the scholars of Kufa retracted his position, as Imam Bayhaqi rahimahullah has detailed.
(Al-Sunan al-Kubra lil-Bayhaqi: 8/31)
(1)
Imam Bukhari rahimahullah did not mention this chapter after the previous one, which contained a severe warning, in order to suggest that a Muslim should be killed in retaliation for a dhimmi (non-Muslim under Muslim protection) if a Muslim intentionally kills him. Rather, he also alluded to the fact that just because a Muslim is not killed in retaliation for a disbeliever, it does not mean that a Muslim is permitted to kill any disbeliever at will. In fact, it is also forbidden to kill a dhimmi or a person under covenant without right.
(Fath al-Bari: 12/325) (2)
There is a difference of opinion regarding killing a Muslim in retaliation for a dhimmi.
The majority of scholars say that a dhimmi is also a disbeliever, so a Muslim will not be killed in retaliation for him. However, the scholars of Kufa say that a Muslim should be killed in retaliation for a dhimmi.
They have relied on a narration in this regard, that the Messenger of Allah sallallahu alayhi wa sallam killed a Muslim in retaliation for a person under covenant and said:
“I am more entitled to fulfill the covenant of the people under protection.”
(Sunan al-Daraqutni: 3/135)
Regarding this hadith, Imam Daraqutni rahimahullah has made a severe criticism, stating that it is narrated by Ibrahim ibn Abi Yahya, who is abandoned in hadith, and it is also narrated by Ibn Bilmani, who is extremely weak.
Despite this, he narrates this hadith as mursal (with a missing link).
(Sunan al-Daraqutni: 3/135)
Even if it is accepted as authentic, it is still abrogated, because the hadith stating that a believer is not to be killed in retaliation for a disbeliever was pronounced by the Prophet sallallahu alayhi wa sallam on the occasion of the conquest of Makkah.
(Fath al-Bari: 12/327)
In view of the majority’s position, which is based on reality, Imam Zufar from among the scholars of Kufa retracted his position, as Imam Bayhaqi rahimahullah has detailed.
(Al-Sunan al-Kubra lil-Bayhaqi: 8/31)
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 6915
