سنن ابن ماجه
Ibn Majah
كتاب الدياتThe Chapters on Blood Money
بَابُ : عَقْلُ الْمَرْأَةِ عَلَى عَصَبَتِهَا وَمِيرَاثُهَا لِوَلَدِهَاChapter: The Blood Money Of A Woman (Who Kills Someone) Is Upon Her Male Potential Inheritors and Her Inheritance is For Her Child
Hadith 2647
اُردوEn
حَدَّثَنَا إِسْحَاق بْنُ مَنْصُورٍ ، أَنْبَأَنَا يَزِيدُ بْنُ هَارُونَ ، أَنْبَأَنَا مُحَمَّدُ بْنُ رَاشِدٍ ، عَنْ سُلَيْمَانَ بْنِ مُوسَى ، عَنْ عَمْرِو بْنِ شُعَيْبٍ ، عَنْ أَبِيهِ ، عَنْ جَدِّهِ ، قَالَ : " قَضَى رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أَنْ يَعْقِلَ الْمَرْأَةَ عَصَبَتُهَا مَنْ كَانُوا وَلَا يَرِثُوا مِنْهَا شَيْئًا إِلَّا مَا فَضَلَ عَنْ وَرَثَتِهَا وَإِنْ قُتِلَتْ فَعَقْلُهَا بَيْنَ وَرَثَتِهَا فَهُمْ يَقْتُلُونَ قَاتِلَهَا " .
´It was narrated from 'Amr bin Shu'aib, from his father, that his grandfather said:` “The Messenger of Allah (ﷺ) ruled that a woman's blood money (if she kills someone) should be paid by her male relatives on her father's side, whoever they are, and they should not inherit anything from her, except what is left over after her heirs have been taken their shares. If she is killed than her blood money is to be shared among her heirs, since they are the ones who may kill the one who killed her.”
Related hadith on this topic
Explanation & Benefits
Hafiz Muhammad Ameen
(1) In this blessed hadith, the amount of blood money (diyah) for accidental killing is mentioned, and it is four categories of one hundred camels. Its details have been explained in the aforementioned hadith.
(2) This hadith also indicates that the original form of diyah is camels. However, if camels are not available, then the value of one hundred camels will be considered as the diyah. If camels are expensive, then the amount of diyah will be higher, and if camels are cheap, then the amount of diyah will also be less. If someone wishes to give cows or oxen as diyah, then the diyah will be two hundred cows or oxen. And if one wishes to pay the diyah in the form of goats, then two thousand goats will constitute the diyah.
(3) Retaliation (qisas) from the killer is the right of the heirs. If they wish, they may take retaliation, and if they wish, they may forgive. The heirs of the deceased, that is, those who inherit wealth, and not other agnates (close relatives), have the right to take retaliation or to forgive. However, if there is no male or female heir among the heirs of the deceased, then this right will be given to other close relatives. And Allah knows best!
(4) The diyah of the murdered person, like his other wealth, is the right of his heirs, meaning the diyah will also be distributed among them. First, the fixed-share heirs (ashab al-furud), whose shares have been determined by the Shari‘ah, will take their shares, and whatever remains will go to the agnates (asaba). However, if someone commits accidental (unintentional) killing, then the diyah that becomes obligatory upon him will be paid by his agnates (asaba) only. Asaba refers to the closest male relatives, for example: sons, grandsons, father, grandfather, brothers, nephews, paternal uncles, paternal great-uncles, and their descendants. And by heirs is meant those relatives whose share has been fixed in inheritance.
(5) This hadith has no connection with the relevant chapter. However, it is related to the next chapter, and this has occurred in many places in Sunan al-Nasa’i, especially when there are many narrations under the previous chapter.
(2) This hadith also indicates that the original form of diyah is camels. However, if camels are not available, then the value of one hundred camels will be considered as the diyah. If camels are expensive, then the amount of diyah will be higher, and if camels are cheap, then the amount of diyah will also be less. If someone wishes to give cows or oxen as diyah, then the diyah will be two hundred cows or oxen. And if one wishes to pay the diyah in the form of goats, then two thousand goats will constitute the diyah.
(3) Retaliation (qisas) from the killer is the right of the heirs. If they wish, they may take retaliation, and if they wish, they may forgive. The heirs of the deceased, that is, those who inherit wealth, and not other agnates (close relatives), have the right to take retaliation or to forgive. However, if there is no male or female heir among the heirs of the deceased, then this right will be given to other close relatives. And Allah knows best!
(4) The diyah of the murdered person, like his other wealth, is the right of his heirs, meaning the diyah will also be distributed among them. First, the fixed-share heirs (ashab al-furud), whose shares have been determined by the Shari‘ah, will take their shares, and whatever remains will go to the agnates (asaba). However, if someone commits accidental (unintentional) killing, then the diyah that becomes obligatory upon him will be paid by his agnates (asaba) only. Asaba refers to the closest male relatives, for example: sons, grandsons, father, grandfather, brothers, nephews, paternal uncles, paternal great-uncles, and their descendants. And by heirs is meant those relatives whose share has been fixed in inheritance.
(5) This hadith has no connection with the relevant chapter. However, it is related to the next chapter, and this has occurred in many places in Sunan al-Nasa’i, especially when there are many narrations under the previous chapter.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4805
