سنن ابن ماجه
Ibn Majah
كتاب الدياتThe Chapters on Blood Money
بَابُ : الْعَفْوِ عَنِ الْقَاتِلِChapter: Pardoning A Killer
Hadith 2691
اُردوEn
حَدَّثَنَا أَبُو عُمَيْرٍ عِيسَى بْنُ مُحَمَّدِ بْنِ النَّحَّاسِ ، وَعِيسَى بْنُ يُونُسَ ، وَالْحُسَيْنُ بْنُ أَبِي السَّرِيِّ العسقلاني ، قَالُوا : حَدَّثَنَا ضَمْرَةُ بْنُ رَبِيعَةَ ، عَنِ ابْنِ شَوْذَبٍ ، عَنْ ثَابِتٍ الْبُنَانِيِّ ، عَنْ أَنَسِ بْنِ مَالِكٍ ، قَالَ : أَتَى رَجُلٌ بِقَاتِلِ وَلِيِّهِ إِلَى رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، فَقَالَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " اعْفُ " فَأَبَى ، فَقَالَ : " خُذْ أَرْشَكَ " ، فَأَبَى ، قَالَ : " اذْهَبْ فَاقْتُلْهُ فَإِنَّكَ مِثْلُهُ " قَالَ : فَلُحِقَ بِهِ ، فَقِيلَ لَهُ : إِنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَدْ قَالَ : " اقْتُلْهُ فَإِنَّكَ مِثْلُهُ " ، فَخَلَّى سَبِيلَهُ قَالَ : فَرُئِيَ يَجُرُّ نِسْعَتَهُ ذَاهِبًا إِلَى أَهْلِهِ ، قَالَ : كَأَنَّهُ قَدْ كَانَ أَوْثَقَهُ ، قَالَ أَبُو عُمَيْرٍ فِي حَدِيثِهِ : قَالَ ابْنُ شَوْذَبٍ ، عَنْ عَبْدِ الرَّحْمَنِ بْنِ الْقَاسِمِ ، فَلَيْسَ لِأَحَدٍ بَعْدَ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أَنْ يَقُولُ : " اقْتُلْهُ فَإِنَّكَ مِثْلُهُ " ، قَالَ ابْن مَاجَةَ : هَذَا حَدِيثُ الرَّمْلِيِّينَ لَيْسَ إِلَّا عِنْدَهُمْ .
Anas bin Malik (may Allah be pleased with him) narrates that a man brought the killer of his guardian to the Messenger of Allah (peace and blessings be upon him). The Prophet (peace and blessings be upon him) said: "Forgive him." He refused, so the Prophet (peace and blessings be upon him) said: "Take the blood money." He refused, so the Prophet (peace and blessings be upon him) said: "Go, kill him, and you will be like him." 1 So, it was said to him that the Messenger of Allah (peace and blessings be upon him) has said: "Go, kill him, and you will be like him." So he let him go. The killer was seen dragging his strap towards his family, as if the heir of the slain had tied him up. 1 Abu Umair, in his narration, says: Ibn Shawdhab narrated from Abdur Rahman bin Qasim this statement: After the Prophet (peace and blessings be upon him), it is not permissible for anyone to say «اقتله فإنك مثله». Ibn Majah says: This is the narration of the people of Ramla; no one else has narrated it besides them.
Related hadith on this topic
Explanation & Benefits
Maulana Ataullah Sajid
Benefits and Issues:
➊
The heir of the murdered person has the right to take retribution (qisas) from the killer or to pardon him.
➋
In the case of accidental killing (qatl khata), it is not permissible to take retribution (qisas); blood money (diyah) may be taken or forgiveness may be granted.
➌
In the case of accidental killing (qatl khata), taking retribution (qisas) is a sin equal to committing murder oneself.
➍
The heir of the murdered person had not previously heard this statement:
“You are like him,” so he proceeded with the intention of retribution.
When the Prophetic instruction became known, he immediately let him go.
➎
By “nasa’ah” is meant a thin and long piece of leather that can be used as a rope.
In Urdu, it is also called a “tasma” (strap).
➏
The meaning of the statement of ‘Abdur-Rahman bin Qasim is that the Messenger of Allah (sallallahu alayhi wa sallam) accepted the excuse of the killer, and thus forbade killing him as retribution (qisas).
We are obligated to act upon what is apparent.
If such indications and evidence are not present by which accidental killing (qatl khata) is established, then accidental killing cannot be accepted merely on the claim of the perpetrator.
➐
The meaning of saying “the hadith of the people of Ramla” is that in all the chains of transmission (isnads) of this hadith, there are narrators who are associated with Ramla.
This is not an expression of doubt about the authenticity of the hadith, but rather such points indicate the meticulousness of the scholars of hadith.
➊
The heir of the murdered person has the right to take retribution (qisas) from the killer or to pardon him.
➋
In the case of accidental killing (qatl khata), it is not permissible to take retribution (qisas); blood money (diyah) may be taken or forgiveness may be granted.
➌
In the case of accidental killing (qatl khata), taking retribution (qisas) is a sin equal to committing murder oneself.
➍
The heir of the murdered person had not previously heard this statement:
“You are like him,” so he proceeded with the intention of retribution.
When the Prophetic instruction became known, he immediately let him go.
➎
By “nasa’ah” is meant a thin and long piece of leather that can be used as a rope.
In Urdu, it is also called a “tasma” (strap).
➏
The meaning of the statement of ‘Abdur-Rahman bin Qasim is that the Messenger of Allah (sallallahu alayhi wa sallam) accepted the excuse of the killer, and thus forbade killing him as retribution (qisas).
We are obligated to act upon what is apparent.
If such indications and evidence are not present by which accidental killing (qatl khata) is established, then accidental killing cannot be accepted merely on the claim of the perpetrator.
➐
The meaning of saying “the hadith of the people of Ramla” is that in all the chains of transmission (isnads) of this hadith, there are narrators who are associated with Ramla.
This is not an expression of doubt about the authenticity of the hadith, but rather such points indicate the meticulousness of the scholars of hadith.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2691
Hafiz Muhammad Ameen
Urdu marginal note:
"Dragging the rope"—as if he did not even bother to untie the rope. In the same manner, he ran away.
"Dragging the rope"—as if he did not even bother to untie the rope. In the same manner, he ran away.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4734
