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 4734
اُردوEn
أَخْبَرَنَا عِيسَى بْنُ يُونُسَ ، قَالَ : حَدَّثَنَا ضَمْرَةُ ، عَنْ عَبْدِ اللَّهِ بْنِ شَوْذَبٍ ، عَنْ ثَابِتٍ الْبُنَانِيِّ ، عَنْ أَنَسِ بْنِ مَالِكٍ ، أَنَّ رَجُلًا أَتَى بِقَاتِلِ وَلِيِّهِ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، فَقَالَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " اعْفُ عَنْهُ " ، فَأَبَى ، فَقَالَ : " خُذْ الدِّيَةَ " ، فَأَبَى ، قَالَ : " اذْهَبْ فَاقْتُلْهُ , فَإِنَّكَ مِثْلُهُ " ، فَذَهَبَ فَلُحِقَ الرَّجُلُ ، فَقِيلَ لَهُ إِنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، قَالَ : " اقْتُلْهُ فَإِنَّكَ مِثْلُهُ " ، فَخَلَّى سَبِيلَهُ فَمَرَّ بِي الرَّجُلُ وَهُوَ يَجُرُّ نِسْعَتَهُ .
´It was narrated from Ans bin Malik that a man brought the killer of his kinsman to the Messenger of Allah and the Prophet said:` "Forgive him." But he refused. He said: "Take the Diyah," but he refused. He said: "Go and kill him then, for you are just like him." So he went away, but some people caught up with the man and told him that the Messenger of Allah had said: "Messenger of Allah had said: "Kill him for you are just like him." So he let him go, and the man passed by me dragging his string.
Related hadith on this topic
Explanation & Benefits
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
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
