سنن ابن ماجه
Ibn Majah
كتاب الدياتThe Chapters on Blood Money
بَابُ : مَنْ قَتَلَ عَمْدًا فَرَضُوا بِالدِّيَةِChapter: One Who Is Killed Deliberately And His Heirs Accept The Blood Money.
Hadith 2626
اُردوEn
حَدَّثَنَا مَحْمُودُ بْنُ خَالِدٍ الدِّمَشْقِيُّ ، حَدَّثَنَا أَبِي ، حَدَّثَنَا مُحَمَّدُ بْنُ رَاشِدٍ ، عَنْ سُلَيْمَانَ بْنِ مُوسَى ، عَنْ عَمْرِو بْنِ شُعَيْبٍ ، عَنْ أَبِيهِ ، عَنْ جَدِّهِ ، قَالَ : قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " مَنْ قَتَلَ عَمْدًا ، دُفِعَ إِلَى أَوْلِيَاءِ الْقَتِيلِ ، فَإِنْ شَاءُوا قَتَلُوا ، وَإِنْ شَاءُوا أَخَذُوا الدِّيَةَ ، وَذَلِكَ ثَلَاثُونَ حِقَّةً وَثَلَاثُونَ جَذَعَةً وَأَرْبَعُونَ خَلِفَةً ، وَذَلِكَ عَقْلُ الْعَمْدِ مَا صُولِحُوا عَلَيْهِ فَهُوَ لَهُمْ وَذَلِكَ تَشْدِيدُ الْعَقْلِ " .
´It was narrated from 'Amr bin Shu'aib, from this father, from his grandfather that the Messenger of Allah (ﷺ) said:` “Whoever kills deliberately, he will be handed over to the heirs of the victim. If they want, they may kill him, or if they want, they may accept the blood money, which is thirty Hiqqah, thirty Jadha'ah and forty Khalifah. This is the blood money for deliberate slaying. Whatever is settled by reconciliation belongs to them, and that is a binding covenant.”
Related hadith on this topic
Explanation & Benefits
Maulana Ataullah Sajid
Benefits and Issues:
(1)
In the case of intentional murder (qatl ‘amd), both retribution (qisas) and blood money (diyah) are permissible.
(2)
With the consent of the heirs of the murdered person, the amount of blood money (diyah) can be reduced, but it cannot be increased.
(3)
There are three types of killing:
Intentional murder (qatl ‘amd):
This refers to a killing in which the attacker’s objective is to kill, so he attacks with a sword or such a weapon from which the struck person generally cannot survive. In this case of murder, the amount of blood money (diyah) is that which is specified in the hadith.
Quasi-intentional murder (qatl shibh al-‘amd):
This refers to when the attacker strikes with something from which the struck person generally does not die, for example, a blow with a stick. The attacker’s intention was to injure or wound, but the struck person, unable to bear the injury or wounds, died. Its blood money (diyah) is also equal to that of intentional murder.
Unintentional murder (qatl khata’):
This refers to when the killer did not intend to kill or harm. Accidentally, a killing occurred without intention, for example: someone fired at a deer or similar animal, but missed the target, or suddenly a person came in front and the shot or arrow struck him and he died. Its blood money (diyah) is also one hundred camels, but their age is set lower. And the condition of being pregnant does not apply. See, Hadith: 2630)
(1)
In the case of intentional murder (qatl ‘amd), both retribution (qisas) and blood money (diyah) are permissible.
(2)
With the consent of the heirs of the murdered person, the amount of blood money (diyah) can be reduced, but it cannot be increased.
(3)
There are three types of killing:
Intentional murder (qatl ‘amd):
This refers to a killing in which the attacker’s objective is to kill, so he attacks with a sword or such a weapon from which the struck person generally cannot survive. In this case of murder, the amount of blood money (diyah) is that which is specified in the hadith.
Quasi-intentional murder (qatl shibh al-‘amd):
This refers to when the attacker strikes with something from which the struck person generally does not die, for example, a blow with a stick. The attacker’s intention was to injure or wound, but the struck person, unable to bear the injury or wounds, died. Its blood money (diyah) is also equal to that of intentional murder.
Unintentional murder (qatl khata’):
This refers to when the killer did not intend to kill or harm. Accidentally, a killing occurred without intention, for example: someone fired at a deer or similar animal, but missed the target, or suddenly a person came in front and the shot or arrow struck him and he died. Its blood money (diyah) is also one hundred camels, but their age is set lower. And the condition of being pregnant does not apply. See, Hadith: 2630)
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2626
Shaykh Dr. Abdur Rahman Freywai
Explanation:
1:
A pregnant she-camel; its plural forms are "khilafaat" and "khala’if."
1:
A pregnant she-camel; its plural forms are "khilafaat" and "khala’if."
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1387
Shaykh Umar Farooq Saeedi
Benefits and Issues:
A believer cannot be killed in retaliation for a disbeliever; this issue will be discussed ahead in hadith 4530.
A believer cannot be killed in retaliation for a disbeliever; this issue will be discussed ahead in hadith 4530.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 4506
