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سنن نسائي
Nasai
كتاب القسامة والقود والدياتThe Book of Oaths (qasamah), Retaliation and Blood Money
بَابُ : ذِكْرِ اخْتِلاَفِ أَلْفَاظِ النَّاقِلِينَ لِخَبَرِ سَهْلٍ فِيهِChapter: Mentioning The Different Wordings In The Report Of Sahl
Hadith 4716
اُردوEn
أَخْبَرَنَا قُتَيْبَةُ ، قَالَ : حَدَّثَنَا اللَّيْثُ ، عَنْ يَحْيَى ، عَنْ بُشَيْرِ بْنِ يَسَارٍ ، عَنْ سَهْلِ بْنِ أَبِي حَثْمَةَ ، قَالَ : وَحَسِبْتُ ، قَالَ : وَعَنْ رَافِعِ بْنِ خَدِيجٍ أَنَّهُمَا ، قَالَا : خَرَجَ عَبْدُ اللَّهِ بْنُ سَهْلِ بْنِ زَيْدٍ ، وَمُحَيِّصَةُ بْنُ مَسْعُودٍ حَتَّى إِذَا كَانَا بِخَيْبَرَ تَفَرَّقَا فِي بَعْضِ مَا هُنَالِكَ , ثُمَّ إِذَا بِمُحَيِّصَةَ يَجِدُ عَبْدَ اللَّهِ بْنَ سَهْلٍ قَتِيلًا فَدَفَنَهُ ، ثُمَّ أَقْبَلَ إِلَى رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ هُوَ ، وَحُوَيِّصَةُ بْنُ مَسْعُودٍ , وَعَبْدُ الرَّحْمَنِ بْنُ سَهْلٍ وَكَانَ أَصْغَرَ الْقَوْمِ ، فَذَهَبَ عَبْدُ الرَّحْمَنِ يَتَكَلَّمُ قَبْلَ صَاحِبَيْهِ ، فَقَالَ لَهُ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " كَبِّرِ الْكُبْرَ فِي السِّنِّ " , فَصَمَتَ وَتَكَلَّمَ صَاحِبَاهُ ، ثُمَّ تَكَلَّمَ مَعَهُمَا فَذَكَرُوا لِرَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَقْتَلَ عَبْدِ اللَّهِ بْنِ سَهْلٍ ، فَقَالَ لَهُمْ : " أَتَحْلِفُونَ خَمْسِينَ يَمِينًا ، وَتَسْتَحِقُّونَ صَاحِبَكُمْ ، أَوْ قَاتِلَكُمْ ؟ " ، قَالُوا : كَيْفَ نَحْلِفُ وَلَمْ نَشْهَدْ ؟ قَالَ : " فَتُبَرِّئُكُمْ يَهُودُ بِخَمْسِينَ يَمِينًا " ، قَالُوا : وَكَيْفَ نَقْبَلُ أَيْمَانَ قَوْمٍ كُفَّارٍ ؟ فَلَمَّا رَأَى ذَلِكَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أَعْطَاهُ عَقْلَهُ .
´It was narrated from Yahya, from Bushair bin Yasa, from Sahl bin Abi Hathmah who said - and I think he said:` and from Rafi bin Khadij, the two of them said - :"Abdullah bin Sahl bin Zaid and Muhayysah bin Mas'ud went out until when they reached Khaibar, they went their separate ways. Then Muhayysah found 'Abdullah bin Sahl slain, so he buried him. Then he came to the Mesenger of Allah, along with Huwayysah bin Mas'ud and 'Abdur-Rahman bin Sahl, who was the youngest of them, 'Abdur-Rahman started to speak before his two companions, but the Messenger of Allah said to him: "Let the clear speak first." So he fell silent and his two companions spoke, then he spoke with them. They told the Messenger of Allah about the killing of 'Abdullah bin Sahl, and he said to them: "Will you swear fifty oaths, then you will receive compensation, or be entitled to retaliate?" They said: "How can we swear an oath when we did not witness what happened?" he said: "Then can the Jews swear fifty oaths declaring their innocence?" They said: "How can we accept the oath of a disbelieving people?" When the Messenger of Allah saw that, he paid the blood money (himself).
Related hadith on this topic
Explanation & Benefits
Hafiz Muhammad Ameen
Urdu footnote:
"The blood money was given"—the blood of an innocent murdered Muslim does not go in vain, therefore the Prophet (sallallahu alayhi wa sallam) paid the blood money (diyah) from the public treasury (bayt al-mal). In this way, the dispute was resolved. This was the perfect insight and understanding of the Prophet (sallallahu alayhi wa sallam), otherwise, they were not entitled to the blood money because they themselves were not prepared to take oaths, nor did they accept the oaths of the defendants.
"The blood money was given"—the blood of an innocent murdered Muslim does not go in vain, therefore the Prophet (sallallahu alayhi wa sallam) paid the blood money (diyah) from the public treasury (bayt al-mal). In this way, the dispute was resolved. This was the perfect insight and understanding of the Prophet (sallallahu alayhi wa sallam), otherwise, they were not entitled to the blood money because they themselves were not prepared to take oaths, nor did they accept the oaths of the defendants.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4716
Maulana Dawood Raz
Hadith Commentary:
The hadith mentions *qasaamah*, the details of which have already been discussed previously.
If there is no eyewitness testimony regarding a murdered person, then fifty men from his tribe will swear oaths, naming the suspected killer according to their belief, saying, "By Allah, he is the killer." In this case, they become entitled to the blood money (diyah); this is what is called *qasaamah*.
The hadith instructs that in every matter, elders should be given precedence; this is the connection to the chapter.
From this, it is evident how significant the issue of unlawful killing is in Islamic law.
The hadith mentions *qasaamah*, the details of which have already been discussed previously.
If there is no eyewitness testimony regarding a murdered person, then fifty men from his tribe will swear oaths, naming the suspected killer according to their belief, saying, "By Allah, he is the killer." In this case, they become entitled to the blood money (diyah); this is what is called *qasaamah*.
The hadith instructs that in every matter, elders should be given precedence; this is the connection to the chapter.
From this, it is evident how significant the issue of unlawful killing is in Islamic law.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 6142
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
If there are no eyewitnesses regarding a murdered person, then fifty men from his tribe should testify that so-and-so is his killer; in this case, they become entitled to blood money (diyah). This is what is called qasamah. Its explanation has already been given earlier.
(2)
Imam Bukhari rahimahullah has established from this hadith the respect due to elders: that they should be given the opportunity to speak. Thus, the Messenger of Allah sallallahu alayhi wa sallam instructed the elder in age to speak so that the full circumstances and details of the incident would become clear. Otherwise, the actual claimant was the brother of the murdered person, ‘Abdur-Rahman radi Allahu anhu, but he was younger in age.
In any case, in every matter, elders are to be given precedence. However, if the younger person possesses information that the elders do not, then he should be given the first opportunity to speak, as is evident from the following hadith.
(1)
If there are no eyewitnesses regarding a murdered person, then fifty men from his tribe should testify that so-and-so is his killer; in this case, they become entitled to blood money (diyah). This is what is called qasamah. Its explanation has already been given earlier.
(2)
Imam Bukhari rahimahullah has established from this hadith the respect due to elders: that they should be given the opportunity to speak. Thus, the Messenger of Allah sallallahu alayhi wa sallam instructed the elder in age to speak so that the full circumstances and details of the incident would become clear. Otherwise, the actual claimant was the brother of the murdered person, ‘Abdur-Rahman radi Allahu anhu, but he was younger in age.
In any case, in every matter, elders are to be given precedence. However, if the younger person possesses information that the elders do not, then he should be given the first opportunity to speak, as is evident from the following hadith.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 6142
Hafiz Imran Ayyub Lahori
Takhrij al-Hadith:
[193۔ البخاري فى : 8 كتاب الصلاة : 4 باب الصلاة فى الثوب الواحد ملتحفا به 280، مسلم 336، ترمذي 2734]
Understanding of the Hadith: It is understood that one should perform the ritual bath (ghusl) at a place with a covering. It is also understood that, honoring the woman, the Messenger of Allah (sallallahu alayhi wa sallam) accepted her protection.
[193۔ البخاري فى : 8 كتاب الصلاة : 4 باب الصلاة فى الثوب الواحد ملتحفا به 280، مسلم 336، ترمذي 2734]
Understanding of the Hadith: It is understood that one should perform the ritual bath (ghusl) at a place with a covering. It is also understood that, honoring the woman, the Messenger of Allah (sallallahu alayhi wa sallam) accepted her protection.
Source: Jawahir al-Iman: Commentary on al-Lu'lu wal-Marjan, Page: 193
Shaykh Maulana Abdul Aziz Alvi
Hadith Commentary:
Benefits and Issues:
(1)
From this hadith, it is understood that it is permissible to greet (say salam to) and have necessary conversation with a person bathing in privacy, provided that he is covered with a cloth, because the Prophet (sallallahu alayhi wa sallam) could not have been uncovered in front of his daughter.
(2)
If a woman grants protection (aman) to a person, it will be valid and enforceable. It is not permissible to break her protection. This is the position of Imam Shafi'i rahimahullah and the majority (jumhur). According to Imam Abu Hanifah rahimahullah and Imam Malik rahimahullah, the protection granted by a woman is subject to the discretion of the Imam (leader/ruler); he may uphold it or annul it as he wishes.
Benefits and Issues:
(1)
From this hadith, it is understood that it is permissible to greet (say salam to) and have necessary conversation with a person bathing in privacy, provided that he is covered with a cloth, because the Prophet (sallallahu alayhi wa sallam) could not have been uncovered in front of his daughter.
(2)
If a woman grants protection (aman) to a person, it will be valid and enforceable. It is not permissible to break her protection. This is the position of Imam Shafi'i rahimahullah and the majority (jumhur). According to Imam Abu Hanifah rahimahullah and Imam Malik rahimahullah, the protection granted by a woman is subject to the discretion of the Imam (leader/ruler); he may uphold it or annul it as he wishes.
Source: Tuhfat al-Muslim: Commentary on Sahih Muslim, Page: 1669
Shaykh Dr. Abdur Rahman Freywai
Explanation:
1:
He paid it either from the public treasury (Bayt al-Mal) or from his own wealth.
1:
He paid it either from the public treasury (Bayt al-Mal) or from his own wealth.
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1422
Shaykh Umar Farooq Saeedi
Benefits and Issues:
Qasamah is derived from qasam (oath) and refers to the repeated taking of oaths. Its detail is as follows: when a murder takes place somewhere and the killer is unknown, and there is no testimony present, but the heirs of the murdered person accuse a person or persons of the killing, and there are some indications as well—for example, there is enmity between those people, or the murder occurred in their area, or the belongings of the murdered person are found with someone, or other such signs are present—then the claimants first take fifty oaths that such-and-such person or persons are the killers of our man.
In this way, their claim will be established. If the claimants do not take the oaths, then the defendant(s) will take fifty oaths and will be acquitted.
If the matter cannot be clarified, then the blood money (diyah) of the murdered person will be paid from the public treasury (bayt al-mal).
Qasamah is derived from qasam (oath) and refers to the repeated taking of oaths. Its detail is as follows: when a murder takes place somewhere and the killer is unknown, and there is no testimony present, but the heirs of the murdered person accuse a person or persons of the killing, and there are some indications as well—for example, there is enmity between those people, or the murder occurred in their area, or the belongings of the murdered person are found with someone, or other such signs are present—then the claimants first take fifty oaths that such-and-such person or persons are the killers of our man.
In this way, their claim will be established. If the claimants do not take the oaths, then the defendant(s) will take fifty oaths and will be acquitted.
If the matter cannot be clarified, then the blood money (diyah) of the murdered person will be paid from the public treasury (bayt al-mal).
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 4520
