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مسند اسحاق بن راهويه
Musnad Ishaq
كتاب الدياتBook of Blood Money
Cases where blood money is not due and buried treasure explained
Hadith 903
اُردوEn
قَالَ عَوْفٌ: وَحَدَّثَنِي بِهِ مُحَمَّدٌ، عَنْ أَبِي هُرَيْرَةَ رَضِيَ اللَّهُ عَنْهُ، عَنِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ أَيْضًا، وَحَدَّثَنِي غَيْرُ مُحَمَّدٍ كُلُّهُمْ يَرْفَعُهَا إِلَى رَسُولِ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ.
Sayyiduna Abu Hurairah (may Allah be pleased with him) narrated from the Messenger of Allah (peace and blessings be upon him), he (peace and blessings be upon him) said: (similar to the previous hadith).
Explanation & Benefits
Hafiz Abdush Shakoor Tirmidhi
Benefits:
➊ It is understood from the mentioned hadith that if any of the things described in this hadith cause harm, injury, or death to a person, the owner of that thing will not be liable for compensation or blood money. For example, if an animal escapes and, in the process, injures or kills someone, the owner of the animal will not be held responsible.
➋ ... If someone falls into a well while trying to draw water from it, the owner of the well will not be held responsible.
➌ ... Similarly, regarding mines that are dug to extract minerals: sometimes it happens that a laborer is working in the mine and a stone falls from above, or a stone falls behind him and blocks the way, resulting in the laborer's death. In such a case, the owner of the mine will not be considered a killer, nor will the blood money for accidental killing be obligatory upon him.
Rikaz: ... This refers to a treasure that people of the past buried in the earth, and if someone finds this treasure, he should deposit one-fifth of it in the public treasury (bayt al-mal) and keep the remainder for himself. However, it is not necessary for it to reach the nisab (minimum threshold). Whether it reaches the nisab of gold or silver or not, in every case, one-fifth must be given. The majority, the Hanafis, Amir San‘ani, and Albani rahimahumullah, all hold this view. (Tamaam al-Minnah: p. 377)
➊ It is understood from the mentioned hadith that if any of the things described in this hadith cause harm, injury, or death to a person, the owner of that thing will not be liable for compensation or blood money. For example, if an animal escapes and, in the process, injures or kills someone, the owner of the animal will not be held responsible.
➋ ... If someone falls into a well while trying to draw water from it, the owner of the well will not be held responsible.
➌ ... Similarly, regarding mines that are dug to extract minerals: sometimes it happens that a laborer is working in the mine and a stone falls from above, or a stone falls behind him and blocks the way, resulting in the laborer's death. In such a case, the owner of the mine will not be considered a killer, nor will the blood money for accidental killing be obligatory upon him.
Rikaz: ... This refers to a treasure that people of the past buried in the earth, and if someone finds this treasure, he should deposit one-fifth of it in the public treasury (bayt al-mal) and keep the remainder for himself. However, it is not necessary for it to reach the nisab (minimum threshold). Whether it reaches the nisab of gold or silver or not, in every case, one-fifth must be given. The majority, the Hanafis, Amir San‘ani, and Albani rahimahumullah, all hold this view. (Tamaam al-Minnah: p. 377)
Source: Musnad Ishaq bin Rahwayh, Page: 903
