سنن ابن ماجه
Ibn Majah
كتاب الدياتThe Chapters on Blood Money
بَابُ : مَنْ قُتِلَ لَهُ قَتِيلٌ فَهُوَ بِالْخِيَارِ بَيْنَ إِحْدَى ثَلاَثٍChapter: If A Person's Relative Is Killed, He Has the Choice of three Things.
Hadith 2623
اُردوEn
حَدَّثَنَا عُثْمَانُ ، وَأَبُو بَكْرٍ ابْنَا أَبِي شَيْبَةَ ، قَالَا : حَدَّثَنَا أَبُو خَالِدٍ الْأَحْمَرُ ، ح وَحَدَّثَنَا أبُو بَكْرٍ وَعُثْمَانُ ابْنَا أَبِي شَيْبَةَ ، قَالَا : حَدَّثَنَا جَرِيرٌ ، وَعَبْدُ الرَّحِيمِ بْنُ سُلَيْمَانَ جميعا ، عَنْ مُحَمَّدِ بْنِ إِسْحَاق ، عَنِ الْحَارِثِ بْنِ فُضَيْلٍ ، أَظُنُّهُ عَنِ ابْنِ أَبِي الْعَوْجَاءِ وَاسْمُهُ سُفْيَانُ ، عَنْ أَبِي شُرَيْحٍ الْخُزَاعِيِّ ، قَالَ : قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " مَنْ أُصِيبَ بِدَمٍ أَوْ خَبْلٍ وَالْخَبْلُ الْجُرْحُ فَهُوَ بِالْخِيَارِ بَيْنَ إِحْدَى ثَلَاثٍ ، فَإِنْ أَرَادَ الرَّابِعَةَ فَخُذُوا عَلَى يَدَيْهِ : أَنْ يَقْتُلَ أَوْ يَعْفُوَ أَوْ يَأْخُذَ الدِّيَةَ ، فَمَنْ فَعَلَ شَيْئًا مِنْ ذَلِكَ فَعَادَ ، فَإِنَّ لَهُ نَارَ جَهَنَّمَ خَالِدًا مُخَلَّدًا فِيهَا أَبَدًا " .
´It was narrated from Abu Sharaih Al-Khuzai that the Messenger of Allah (ﷺ) said:` “Whoever suffers from killing or wounding, has the choice of three things, and if he wants the fourth then restrain him. He may kill (the killer), or forgive him, or take the blood money. Whoever accepts any of these (options), then kills (the killer) after that will have the fire of hell to abide therein forever.”
Explanation & Benefits
Maulana Ataullah Sajid
Commentary:
Benefits and Issues:
➊
Our esteemed researcher has declared the mentioned narration weak in terms of its chain of transmission, stating that some parts of this narration have supporting evidence in Musnad Ahmad (4/32) at the level of hasan (good). After this, he has pointed towards the following hadith, which is authentic, and in it, the mention of two matters (retaliatory killing or accepting blood money) is present. Therefore, two matters are established from an authentic narration, and the third matter, "forgiving," holds great importance in Islam, and the Messenger of Allah (sallallahu alayhi wa sallam) also encouraged it. Accordingly, the three things mentioned in the aforementioned hadith are correct based on other supporting evidences and indications. And Allah knows best.
➋
The meaning of "the calamity of killing or wounding" is that either a relative of his is killed, or he himself is wounded. In both cases, he has the right to seek retribution (qisas), to accept blood money (diyah), or to forgive. This issue is established from other evidences.
➌
The meaning of the fourth thing is an unlawful demand, for example: first, he collects the blood money (diyah), then, finding an opportunity, he kills the murderer. This is a very grave crime; such a person will himself be declared guilty of murder and will be deserving of punishment according to the Islamic law. The same meaning applies to doing one act and then doing the other.
Benefits and Issues:
➊
Our esteemed researcher has declared the mentioned narration weak in terms of its chain of transmission, stating that some parts of this narration have supporting evidence in Musnad Ahmad (4/32) at the level of hasan (good). After this, he has pointed towards the following hadith, which is authentic, and in it, the mention of two matters (retaliatory killing or accepting blood money) is present. Therefore, two matters are established from an authentic narration, and the third matter, "forgiving," holds great importance in Islam, and the Messenger of Allah (sallallahu alayhi wa sallam) also encouraged it. Accordingly, the three things mentioned in the aforementioned hadith are correct based on other supporting evidences and indications. And Allah knows best.
➋
The meaning of "the calamity of killing or wounding" is that either a relative of his is killed, or he himself is wounded. In both cases, he has the right to seek retribution (qisas), to accept blood money (diyah), or to forgive. This issue is established from other evidences.
➌
The meaning of the fourth thing is an unlawful demand, for example: first, he collects the blood money (diyah), then, finding an opportunity, he kills the murderer. This is a very grave crime; such a person will himself be declared guilty of murder and will be deserving of punishment according to the Islamic law. The same meaning applies to doing one act and then doing the other.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2623
