سنن نسائي
Nasai
كتاب القسامة والقود والدياتThe Book of Oaths (qasamah), Retaliation and Blood Money
بَابُ : ذِكْرِ اخْتِلاَفِ النَّاقِلِينَ لِخَبَرِ عَلْقَمَةَ بْنِ وَائِلٍ فِيهِChapter: Mentioning The Differences Reported In The Narration Of 'Alqamah Bin Wa'il
Hadith 4733
اُردوEn
أَخْبَرَنَا مُحَمَّدُ بْنُ مَعْمَرٍ ، قَالَ : حَدَّثَنَا يَحْيَى بْنُ حَمَّادٍ ، عَنْ أَبِي عَوَانَةَ ، عَنْ إِسْمَاعِيل بْنِ سَالِمٍ ، عَنْ عَلْقَمَةَ بْنِ وَائِلٍ ، أَنَّ أَبَاهُ حَدَّثَهُمْ : أَنَّ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أُتِيَ بِرَجُلٍ قَدْ قَتَلَ رَجُلًا , فَدَفَعَهُ إِلَى وَلِيِّ الْمَقْتُولِ يَقْتُلُهُ ، فَقَالَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ لِجُلَسَائِهِ : " الْقَاتِلُ وَالْمَقْتُولُ فِي النَّارِ " ، قَالَ : فَاتَّبَعَهُ رَجُلٌ فَأَخْبَرَهُ ، فَلَمَّا أَخْبَرَهُ تَرَكَهُ ، قَالَ : فَلَقَدْ رَأَيْتُهُ يَجُرُّ نِسْعَتَهُ حِينَ تَرَكَهُ يَذْهَبُ . فَذَكَرْتُ ذَلِكَ لِحَبِيبٍ ، فَقَالَ : حَدَّثَنِي سَعِيدُ بْنُ أَشْوَعَ ، قَالَ : وَذَكَرَ أَنَّ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أَمَرَ الرَّجُلَ بِالْعَفْوِ .
´It was narrated from 'Alqamah bin Wa'il that:` his father told them that a man who had killed another man was brought to the Prophet and he handed him over to their of the victim to kill him. Then the Prophet said to those who were sitting with him: "The killer and the slain will both be in Fire. "A man went after him and told him that, and when he told him that, he left him (let him go). He (the narrator) said: "I saw him dragging his string when he let him go. I mentioned that the Habib and he said: 'Sa'eed bin Ashwa' told me that the Prophet commanded the man to forgive him."'
Explanation & Benefits
Hafiz Muhammad Ameen
(1) The proponent of [فَذَكَرْتُ…] is Isma'il bin Salim. This is explicitly stated in Sahih Muslim. Similarly, by Habib is meant Habib bin Abi Thabit. This clarification and explanation is also present in Sahih Muslim. See: (Sahih Muslim, al-Qasamah wal-Muharibin, Chapter: The Validity of Confession to Murder and Enabling the Heir of the Murdered to Retaliate... etc., Hadith: 1680)
(2) "Both in the Fire" does not mean that if he killed him, then both will go to the Fire. This meaning is contrary to what is well-established, because in the case of being killed, the sin of the killer will be forgiven, as the one who takes retaliation (qisas) will have received his right. Why then would he be in the Fire? Rather, the meaning is that if both the killer and the killed were intent on killing each other, then both will go to the Fire. It is not necessary that only the killer is at fault; therefore, forgiveness should be granted. The purpose of such words was to evoke feelings of forgiveness, and that purpose was achieved. And Allah knows best.
(2) "Both in the Fire" does not mean that if he killed him, then both will go to the Fire. This meaning is contrary to what is well-established, because in the case of being killed, the sin of the killer will be forgiven, as the one who takes retaliation (qisas) will have received his right. Why then would he be in the Fire? Rather, the meaning is that if both the killer and the killed were intent on killing each other, then both will go to the Fire. It is not necessary that only the killer is at fault; therefore, forgiveness should be granted. The purpose of such words was to evoke feelings of forgiveness, and that purpose was achieved. And Allah knows best.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4733
