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سنن ابن ماجه
Ibn Majah
كتاب الدياتThe Chapters on Blood Money
بَابُ : مَا لاَ قَوَدَ فِيهِChapter: Actions For Which There Is No Retaliation
Hadith 2637
اُردوEn
حَدَّثَنَا أَبُو كُرَيْبٍ ، حَدَّثَنَا رِشْدِينُ بْنُ سَعْدٍ ، عَنْ مُعَاوِيَةَ بْنِ صَالِحٍ ، عَنْ مُعَاذِ بْنِ مُحَمَّدٍ الْأَنْصَارِيِّ ، عَنِ ابْنِ صُهْبَانَ ، عَنِ الْعَبَّاسِ بْنِ عَبْدِ الْمُطَّلِبِ ، قَالَ : قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " لَا قَوَدَ فِي الْمَأْمُومَةِ وَلَا الْجَائِفَةِ وَلَا الْمُنَقِّلَةِ " .
´It was narrated from 'Abbas bin 'Abdul-Muttalib that the Messenger of Allah (ﷺ) said:` “There is no retaliation for a head wound that does not reach the brain, a spear wound that does not penetrate deeply, or a wound that dislocates a bone.”
Brief Explanation
1؎: In those wounds where equivalence in compensation (diyah) is possible, the ruling of retribution (qisas) will be applied; for example, if someone severs a limb from the joint, then the perpetrator’s corresponding limb will also be severed from the joint. And in those wounds where equivalence is not possible, then the ruling of retribution (qisas) will not apply; rather, compensation (diyah) will be taken.
Explanation & Benefits
Maulana Ataullah Sajid
Benefits and Issues:
Our esteemed researcher has declared the mentioned narration to be weak in its chain of transmission, whereas some scholars have graded it as hasan.
For details, see: (al-Silsilah al-Sahihah by al-Albani, no. 2190)
Therefore, for such wounds for which an exactly equal retaliation cannot be taken, there is no retribution (qisas), because it is possible that the offender may suffer less or more harm than what he inflicted. For this reason, in such cases, a financial penalty (diyah) is decided, the determination of which is based on the type and severity of the wound.
Our esteemed researcher has declared the mentioned narration to be weak in its chain of transmission, whereas some scholars have graded it as hasan.
For details, see: (al-Silsilah al-Sahihah by al-Albani, no. 2190)
Therefore, for such wounds for which an exactly equal retaliation cannot be taken, there is no retribution (qisas), because it is possible that the offender may suffer less or more harm than what he inflicted. For this reason, in such cases, a financial penalty (diyah) is decided, the determination of which is based on the type and severity of the wound.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2637
