Bulugh al-Maram

Takhrij:
«أخرجه البخاري، الديات، باب من الطلع في بيت قوم ففقؤوا عينه فلا دية له، حديث:6902، ومسلم، الأداب، باب تحريم النظر في بيت غيره، حديث:2158، وأحمد:2 /243، والنسائي، القسامة، حديث:4864، وابن حبان (الإحسان):7 /597.»©Explanation:
From the mentioned hadith, it is understood that if a person commits this mistake and the owner of the house throws a pebble and blinds his eye, then retribution (qisas) is due, not blood money (diyah).
This is because the person has violated the privacy of another and intruded upon the seclusion and solitude of the homeowner.
This is the position of the three Imams; however, Imam Malik rahimahullah holds that blood money (diyah) should be given, but this is not correct.

Hadith Commentary:
There will be neither sin nor will any worldly punishment be applied.

Hadith Footnote:
And neither will blood money (diyah) be given for it.

Hadith Commentary:
(1)
In one narration it is stated:
“Whoever peeps into someone’s house without permission, it is lawful (halal) for the household to gouge out his eye.”
(Musnad Ahmad: 266/2)
The permissibility (halal) here proves that there will be no indemnity (diyah) or retribution (qisas) upon them.
In another narration it is stated:
“His eye is wasted (rendered void).”
(Musnad Ahmad: 214/2)
In yet another narration, it is explicitly stated:
“There will be no retribution (qisas) or blood money (diyah) for gouging out the eye.”
(Musnad Ahmad: 385/2)

(2)
From this, it is also understood that if someone has closed the door or hung a curtain or the like, then it is necessary to seek permission before entering the house.
If someone secretly peeps into the house, it is permissible to strike with anything; if any limb is lost as a result, there is no penalty for it, and it is not necessary to warn the one peeping before striking.
And Allah knows best.

Hadith Footnote:
Vocabulary of the Hadith:
Faqā’ al-‘ayn:
To gouge out the eye.

Urdu marginal note:
The one who peeps is only guilty if he tries to look through a closed door or lifts a curtain to see, but if the door is open and there is no curtain in front of it, then the one who peeps is not guilty; rather, the inhabitants of the house are at fault.

(1) Imam Bukhari rahimahullah has also established a chapter of this kind. However, the correct view is that there may be allowance for retribution (qisas) less than life. Similarly, in financial matters, one may obtain one’s right, but the implementation of hudud (prescribed punishments) and qisas (retaliatory punishments) is the responsibility of the government; otherwise, civil war could break out. If people themselves begin to kill or cut off hands and feet, how will law and order be maintained? As for this hadith, it will be specific only to the mentioned situation, i.e., if someone is peeping into another’s house, then his eye may be gouged out on the spot; however, if he escapes at that moment, then his eye will not be gouged out later.

(2) When it is forbidden to peep into another’s house, then building such houses that completely eliminate the privacy of neighbors will, a fortiori, be forbidden. In the present era, this practice has become widespread: one person spends millions to build a house, then another builds an even taller one, forcing the first person to rebuild. The government must certainly legislate regarding this and ensure its implementation.