Musannaf Ibn Abi Shaybah

Hazrat Mughira narrates that Hazrat Harith, regarding the man who killed another person, said: When witnesses testify that this person killed him and due to the beating he remained continuously ill and then died, he said: I will impose blood money (diyat) upon him. So if he killed intentionally, then there will be retaliation (qisas), and if it was by mistake, then in that case, blood money will be obligatory upon the family members.

Hazrat Hisham states that Hasan Basri said: If a man strikes another man and as a result he remains bedridden due to illness until he passes away, then retribution (qisas) will be obligatory in this case.

Hazrat Tamim bin Salamah narrates that two men testified before Hazrat Shurayh against a man. Both of them said, "We testify that this person threw him down and kept pressing him with his elbow continuously until that person died." Hazrat Shurayh asked, "Do both of you testify that he killed him?" Both of them replied, "We both testify that this person threw him down and kept pressing him with his elbow continuously until he died." He asked, "Do both of you testify that he killed him?"

Ibn Shihab narrates that during the time of Umar ibn Khattab, a man from the tribe of Juhainah trampled a person from the tribe of Banu Ghifar, or the narrator said: a person from the tribe of Banu Ghifar trampled a man from the tribe of Juhainah. So the family of that man claimed that he died because of this. Umar then asked fifty people from the claimants to take an oath. They refused to take the oath, and those against whom the claim was made also refused to take the oath. So Umar decided on half of the blood money in this matter.

Hazrat Hasan bin Muslim narrates that a slave girl bit the finger of a freed slave of Banu Zaid, which became swollen, and then that person passed away. The slave girl also admitted to biting his finger. Regarding this, Hazrat Umar bin Abdul Aziz gave the verdict that the people of Banu Zaid would take fifty oaths in such a way that the oath would be returned to them, that the person died because of the slave girl’s bite. Then the slave girl would be handed over to them; otherwise, they would have no right. So those people refused to take the oath.