بلوغ المرام

Bulugh al-Maram

Hadith 994

اُردوEn
وعن عائشة رضي الله عنها عن رسول الله صلى الله عليه وآله وسلم قال : « لا يحل قتل مسلم إلا بإحدى ثلاث خصال : زان محصن فيرجم ورجل يقتل مسلما متعمدا فيقتل ورجل يخرج من الإسلام فيحارب الله ورسوله فيقتل أو يصلب أو ينفى من الأرض » رواه أبو داود والنسائي وصححه الحاكم.
'A’ishah (RAA) narrated that Allah’s Messenger (ﷺ) said: “The blood of a Muslim is not to be shed except for three reasons: a married man who committed adultery, a man who kills another Muslim intentionally for which he must be killed (in Qisas or retaliation), and a man who abandons Islam and fights against Allah and His Messenger, in which case he should be either killed, crucified, or exiled.” Related by Abu Dawud and An-Nasa’i. Al-Hakim graded it as Sahih.
Hadith Reference بلوغ المرام / 994
Hadith Grading محدثین: صحيح
Hadith Takhrij «أخرجه أبوداود، الحدود، باب الحكم فيمن ارتد، حديث:4353، والنسائي، تحريم الدم، حديث:4021، والحاكم:4 /367.»
Related hadith on this topic
Abu Dawud: 4353 Nasai: 4022 Nasai: 4053 Nasai: 4747
Explanation & Benefits
Nasai — Hadith 4022
´It was narrated that 'Amr bin Ghalib said:` "Aishah said: 'Do you not know that the Messenger of Allah [SAW] said: It is not permissible to shed the blood of a Muslim, except a man who committed adultery after being married, or one who reverted to Kufr after becoming Muslim, or a life for a life.'"
Hafiz Muhammad Ameen
If a slave commits adultery, even if he is married, he will not be subjected to stoning (rajm), because for him the prescribed punishment (hadd) is half. And that is fifty lashes; stoning cannot be halved.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4022
Nasai — Hadith 4053
´It was narrated from 'Aishah that:` The Messenger of Allah [SAW] said: "It is not permissible to shed the blood of a Muslim except in three cases: An adulterer who had been married, who should be stoned to death; a man who killed another man intentionally, who should be killed; and a man who left Islam and waged war against Allah, the Might and Sublime, and His Messenger, who should be killed, or crucified, or banished from the land."
Hafiz Muhammad Ameen
(1) The relevance of the hadith to the chapter is absolutely clear.
(2) It is understood that, in the case of bandits, rebels, and apostates, the ruler has the authority to choose any one of the aforementioned punishments; that is, he may increase or decrease the punishment according to the nature of the crime. And Allah knows best.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4053
Nasai — Hadith 4747
´It was narrated from 'Aishah, the Mother of the Believers, that the Messenger of Allah said:` "It is not permissible to kill a Muslim except in one of three cases: A adulterer who has been married, who is to be stoned; a man who kills a Muslim deliberately; and a man who leaves Islam and wages war against Allah, the Mighty and Sublime, and His Messenger, who is to be killed, crucified or banished from the land."
Hafiz Muhammad Ameen
The author's (rahimahullah) argument is based on the apparent wording, that it is not permissible to kill any Muslim except for these three crimes. And among them, the second crime is the killing of a Muslim, not a disbeliever (kafir). This argument is also supported by the forthcoming ahadith, in which it is explicitly stated that a Muslim will not be killed in retaliation for a disbeliever. As for "al-nafs bil-nafs" (a life for a life), this is not general, because no one holds the opinion that a Muslim may be killed in retaliation for a harbi disbeliever (a disbeliever at war with Muslims). Just as the harbi disbeliever is excluded, in the same way, based on these ahadith, the dhimmi disbeliever (a non-Muslim under Muslim protection) is also excluded. (For further details, see: Fawaid wa Masail Hadith: 4738)
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4747
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