Hadith 1005
اُردوEn
وعن ابن عمر رضي الله عنهما عن النبي صلى الله عليه وآله وسلم قال: «إذا أمسك الرجل الرجل وقتله الآخر يقتل الذي قتل ويحبس الذي أمسك » رواه الدارقطني موصولا ومرسلا وصححه ابن القطان ورجاله ثقات. إلا أن البيهقي رجح المرسل.
Ibn 'Umar (RAA) narrated that The Messenger of Allah (ﷺ) said: “If a man holds another man so that a third man can kill the seized one, then the one who killed is to be killed (in Qisas) and the one who seized the killed one is to be imprisoned.” Related by Ad-Daraqutni. Ibn al-Qattan graded it as Sahih and its narrators are trustworthy.
Explanation & Benefits
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه الدارقطني:3 /140، والبيهقي"8 /50، سفيان الثوري عنعن، وفيه علة أخري.»©Explanation:
➊ From this hadith, it is understood that if two people kill a man in such a way that one holds him and the other kills him, then in this case, the killer will be executed and the one who held him will be given a prison sentence, and this punishment will either be life imprisonment or at the discretion of the court.
This is the position of the Hanafis and the Shafi'is, but Imam Malik, Nakhai, and Ibn Abi Layla rahimahumullah hold that both should be executed because both are partners in the killing.
If the one who held him had not restrained him, it is possible that he could have escaped the killer's blow and would not have been killed.
Since both are equally involved in the killing, therefore the punishment for both should also be equal.
➋ In light of other evidences, the second opinion appears to be more correct, because the aforementioned narration is weak in its chain of transmission.
And Allah knows best.
«أخرجه الدارقطني:3 /140، والبيهقي"8 /50، سفيان الثوري عنعن، وفيه علة أخري.»©Explanation:
➊ From this hadith, it is understood that if two people kill a man in such a way that one holds him and the other kills him, then in this case, the killer will be executed and the one who held him will be given a prison sentence, and this punishment will either be life imprisonment or at the discretion of the court.
This is the position of the Hanafis and the Shafi'is, but Imam Malik, Nakhai, and Ibn Abi Layla rahimahumullah hold that both should be executed because both are partners in the killing.
If the one who held him had not restrained him, it is possible that he could have escaped the killer's blow and would not have been killed.
Since both are equally involved in the killing, therefore the punishment for both should also be equal.
➋ In light of other evidences, the second opinion appears to be more correct, because the aforementioned narration is weak in its chain of transmission.
And Allah knows best.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 1005
