´It was narrated from Anas that:` the Messenger of Allah ruled that Qisas should be given for a tooth. The Messenger of Allah said: "The Messenger of Allah said: "What Allah has decreed is retaliation."
Explanation & Benefits
Hafiz Muhammad Ameen
If a tooth is completely uprooted, then the tooth of the one who broke it may be uprooted in retribution (qisas), but in such a manner that the other teeth are not weakened. And the same tooth that was uprooted should be uprooted from the other party as well. However, if it is not completely uprooted but only broken from the top, then the other party will pay appropriate compensation. In this case, there will be no retribution (qisas), because breaking exactly the same amount of tooth is not possible, and breaking more is not permissible. Therefore, compensation will be given. And Allah knows best.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4756
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
In another place, Imam Bukhari rahimahullah has narrated this report in detail, the wording of which is as follows:
The paternal aunt of Anas radi Allahu anhu, Rubayyi‘ bint Nadr, broke the tooth of an Ansari girl.
The relatives of Rubayyi‘ sought forgiveness from her, but she refused. Then they offered to pay blood money (diyah), but she rejected that as well and presented herself before the Messenger of Allah sallallahu alayhi wa sallam, demanding retribution (qisas) and refusing to accept anything except qisas. Therefore, the Messenger of Allah sallallahu alayhi wa sallam decreed qisas.
Upon hearing this, her brother Anas radi Allahu anhu said:
O Messenger of Allah! Will my sister Rubayyi‘’s tooth be broken? Never! By the One Who sent you with the truth, her tooth will not be broken. Upon hearing this, the Messenger of Allah sallallahu alayhi wa sallam said:
“O Anas! Allah’s command demands only qisas.”
Meanwhile, those people agreed to accept blood money and granted pardon.
The Messenger of Allah sallallahu alayhi wa sallam said:
“There are some servants of Allah that if they swear by Allah, Allah fulfills their oath.”
(Sahih al-Bukhari, al-Tafsir, Hadith: 4500)
(2)
The Messenger of Allah sallallahu alayhi wa sallam said:
“Allah’s command demands only qisas.”
By this, he indicated the following verses:
“And in wounds there is (the law of) retribution (qisas).”
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“Punish them with the like of that with which you were punished.”
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Rather, there is a clear text in the Qur’an that for a tooth, there is a tooth.
(3)
When Anas radi Allahu anhu heard the verdict of qisas and said what he did, it was not to reject the verdict, but rather, out of trust and certainty in Allah, he negated its occurrence. Thus, the matter happened according to his wish.
(Fath al-Bari: 12/280)
It should be noted that in the hadith, “breaking” does not mean “extracting.” Thus, Imam Abu Dawud rahimahullah says that Imam Ahmad rahimahullah was asked:
How is qisas carried out in the case of a tooth? He replied:
It is to be filed down by the same amount.
(Sunan Abi Dawud, al-Diyat, Hadith: 4595)
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 6894
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
This narration is extremely concise.
Its details will be mentioned later.
"The command of the Book of Allah is only retribution (qisas)."
This means that if the heirs of the murdered person agree to accept blood money (diyah), then that is a preferable situation; otherwise, the decision of the Book of Allah is that retribution (qisas) shall be taken from the killer.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 4499