Hadith 1007
اُردوEn
وعن ابن عمر رضي الله عنهما قال : " قتل غلام غيلة فقال عمر : لو اشترك فيه أهل صنعاء لقتلتهم به " أخرجه البخاري.
Ibn ’Umar (RAA) narrated, ‘A young boy was murdered deceitfully. 'Umar (RAA) thereupon said, ‘If all the people of San'a’ (in Yemen) participated in killing him, I would kill them all.’ Related by al-Bukhari.
Explanation & Benefits
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه البخاري، الديات، باب إذا أصاب قوم من رجل هل يعاقب أو يقتص...، حديث"6896.»©Explanation:
➊ The opinion of the majority of scholars is in accordance with this athar, and they state that an entire group will be executed in retaliation for the killing of one person, provided that all these people participated in the act of killing. However, the previous marfu‘ narration from Ibn ‘Umar radi Allahu anhuma is contrary and opposed to this athar, which states that when one man firmly restrains someone and another man kills the restrained person, then the actual and primary killer will be executed, while the one who restrained him will be imprisoned.
To reconcile between this athar and the previous narration, it is generally said that what is meant by participation is direct involvement in the act of killing collectively, and merely restraining and holding is not considered participation in the killing; rather, it is considered assistance and support. Therefore, there is no contradiction between the hadith and the athar.
However, this statement is refuted by the words of ‘Umar radi Allahu anhu as reported in some chains, that if all the people of Sana‘a had assisted one another in this killing, I would have executed them all.
➋ The author of Subul al-Salam has supported the position that an entire group will not be executed in retaliation for the killing of one person; rather, in such a case, blood money (diyah) will be obligatory.
Then he states that although we have supported this position here, later it became clear to us that the stronger view is that the entire group participating in the killing will be executed in retaliation for the killing of one person, and we have mentioned its evidence in the footnotes of Dawa’ al-Nahar and in the commentary of al-Abhath al-Musaddadah.
«أخرجه البخاري، الديات، باب إذا أصاب قوم من رجل هل يعاقب أو يقتص...، حديث"6896.»©Explanation:
➊ The opinion of the majority of scholars is in accordance with this athar, and they state that an entire group will be executed in retaliation for the killing of one person, provided that all these people participated in the act of killing. However, the previous marfu‘ narration from Ibn ‘Umar radi Allahu anhuma is contrary and opposed to this athar, which states that when one man firmly restrains someone and another man kills the restrained person, then the actual and primary killer will be executed, while the one who restrained him will be imprisoned.
To reconcile between this athar and the previous narration, it is generally said that what is meant by participation is direct involvement in the act of killing collectively, and merely restraining and holding is not considered participation in the killing; rather, it is considered assistance and support. Therefore, there is no contradiction between the hadith and the athar.
However, this statement is refuted by the words of ‘Umar radi Allahu anhu as reported in some chains, that if all the people of Sana‘a had assisted one another in this killing, I would have executed them all.
➋ The author of Subul al-Salam has supported the position that an entire group will not be executed in retaliation for the killing of one person; rather, in such a case, blood money (diyah) will be obligatory.
Then he states that although we have supported this position here, later it became clear to us that the stronger view is that the entire group participating in the killing will be executed in retaliation for the killing of one person, and we have mentioned its evidence in the footnotes of Dawa’ al-Nahar and in the commentary of al-Abhath al-Musaddadah.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 1007
