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 2648
اُردوEn
حَدَّثَنَا مُحَمَّدُ بْنُ يَحْيَى ، حَدَّثَنَا الْمُعَلَّى بْنُ أَسَدٍ ، حَدَّثَنَا عَبْدُ الْوَاحِدِ بْنُ زِيَادٍ ، حَدَّثَنَا مُجَالِدٌ ، عَنِ الشَّعْبِيِّ ، عَنْ جَابِرٍ ، قَالَ : " جَعَلَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ الدِّيَةَ عَلَى عَاقِلَةِ الْقَاتِلَةِ " ، فَقَالَتْ : عَاقِلَةُ الْمَقْتُولَةِ يَا رَسُولَ اللَّهِ ، مِيرَاثُهَا لَنَا ، قَالَ : " لَا مِيرَاثُهَا لِزَوْجِهَا وَوَلَدِهَا " .
´It was narrated that Jabir said:` “The Messenger of Allah (ﷺ) ruled that the blood money should be paid by the near male relations from the father's side of the killer, and the such relatives of slain woman said: 'O Messenger of Allah (ﷺ),her legacy is for us.' He said: 'No, her legacy is for her husband and children.'”
Related hadith on this topic
Explanation & Benefits
Maulana Ataullah Sajid
Benefits and Issues:
➊
Our esteemed researcher has declared the mentioned narration weak in terms of its chain of transmission, while some other scholars have considered it authentic.
For details, see: (Al-Irwa’ by Al-Albani, no. 2649, and Sahih Sunan Abi Dawud by Al-Albani, second verification, nos. 2599, 2600)
Therefore, just as the blood money (diyah) that becomes obligatory upon a man is paid by his kin group (‘aqilah), likewise, the blood money that becomes obligatory upon a woman will also be paid by her kin group (‘aqilah). (For clarification of ‘aqilah, see the benefits of Hadith: 2633)
➋
The principles of blood money (diyah) have no connection with the principles of inheritance.
The distribution of inheritance has its own principles and regulations, and it will be distributed according to them.
➌
Agnatic relatives (‘asabah) receive that wealth in inheritance which remains after the shares of the fixed-share heirs (ashab al-furud) have been given.
For details about the fixed-share heirs and their shares, one should study the books of the science of inheritance (‘ilm al-mirath).
➍
The husband is among the fixed-share heirs (ashab al-furud).
The sons are the closest agnates (‘asabah), so after giving the husband his prescribed share, the remainder of the estate will be distributed among the sons.
If the murdered woman had no sons, then the Messenger of Allah (sallallahu alayhi wa sallam) would have given the share of the husband and then handed over the remainder to those agnatic relatives (‘asabah) of the deceased who had asked about the issue.
➎
Only the heirs of the murdered person have the right to decide whether to demand retribution (qisas), accept blood money (diyah), or pardon the killer.
➊
Our esteemed researcher has declared the mentioned narration weak in terms of its chain of transmission, while some other scholars have considered it authentic.
For details, see: (Al-Irwa’ by Al-Albani, no. 2649, and Sahih Sunan Abi Dawud by Al-Albani, second verification, nos. 2599, 2600)
Therefore, just as the blood money (diyah) that becomes obligatory upon a man is paid by his kin group (‘aqilah), likewise, the blood money that becomes obligatory upon a woman will also be paid by her kin group (‘aqilah). (For clarification of ‘aqilah, see the benefits of Hadith: 2633)
➋
The principles of blood money (diyah) have no connection with the principles of inheritance.
The distribution of inheritance has its own principles and regulations, and it will be distributed according to them.
➌
Agnatic relatives (‘asabah) receive that wealth in inheritance which remains after the shares of the fixed-share heirs (ashab al-furud) have been given.
For details about the fixed-share heirs and their shares, one should study the books of the science of inheritance (‘ilm al-mirath).
➍
The husband is among the fixed-share heirs (ashab al-furud).
The sons are the closest agnates (‘asabah), so after giving the husband his prescribed share, the remainder of the estate will be distributed among the sons.
If the murdered woman had no sons, then the Messenger of Allah (sallallahu alayhi wa sallam) would have given the share of the husband and then handed over the remainder to those agnatic relatives (‘asabah) of the deceased who had asked about the issue.
➎
Only the heirs of the murdered person have the right to decide whether to demand retribution (qisas), accept blood money (diyah), or pardon the killer.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2648
Shaykh Umar Farooq Saeedi
Benefits and Issues:
Some researchers have declared this narration to be authentic.
By (ʿāqilah) is meant those people who, after the fixed shares of inheritance have been distributed, collect the remaining wealth, such as the father, son, brother, uncle, etc. However, in this hadith, the son has been excluded from the ʿāqilah.
Some researchers have declared this narration to be authentic.
By (ʿāqilah) is meant those people who, after the fixed shares of inheritance have been distributed, collect the remaining wealth, such as the father, son, brother, uncle, etc. However, in this hadith, the son has been excluded from the ʿāqilah.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 4575
