Nasai

This narration was heard by Imam al-Nasa'i rahimahullah from two teachers: Muhammad ibn al-Muthanna and Muhammad ibn Bashshar. The aforementioned wording is that of his teacher Muhammad ibn Bashshar. Furthermore, this narration is weak, as has been detailed in the previous pages.

Commentary:
Note:
(Qatadah and Hasan al-Basri are both mudallis, and the narration is with ‘an‘anah. Furthermore, apart from the hadith of ‘aqiqah, there is severe disagreement regarding Samurah’s hearing of other ahadith.)

The above-mentioned three narrations are weak. The researcher's grading them as hasan is questionable because the preferred opinion is that Hasan al-Basri rahimahullah did not hear any narration from Samurah radi Allahu anhu except the narration regarding ‘aqiqah. For details, see: (al-Mawsu‘ah al-Hadithiyyah, Musnad al-Imam Ahmad: 33/296, 297). However, the issue remains as the author rahimahullah has established in the chapter: if a master kills his slave, he will be killed in retaliation, as has already been detailed in the benefits of hadith 4738.

When retribution (qisas) can be applied to the nose and ear, then it can also be applied to the tooth. The relevance to the chapter is in the same manner; however, this narration is weak, as its clarification has already passed earlier. See Fawaid wa Masail, Hadith: 4740.

Takhrij:
«أخرجه أبوداود، الديات، باب من قتل عبده أو مثل به أيقاد منه؟ حديث:4515، والترمذي، الديات، حديث:1414، والنسائي، القسامة، حديث:4740، وابن ماجه، الديات، حديث:2663، وأحمد:5 /10، 11، 12، 18، 19، والحاكم:4 /367.* الحسن البصري عن سمرة كتاب والرواية عن كتاب صحيحةكما في أصول الحديث، بحث الوجادة والمناولة.»©Explanation:
This hadith is evidence that retribution (qisas) for the life and limbs of a slave is to be taken from the owner or master.
There is a difference of opinion among the jurists on this issue.
One opinion is that, acting upon this hadith, a free person should always be killed in exchange for a slave, regardless of whether the slave belongs to him or to someone else.
Another opinion is that retribution will be exacted only if the slave belongs to someone else; if it is his own slave, then he will not be killed in this case.
There is also an opinion that a free person will not be killed in exchange for a slave under any circumstances.
This last opinion is that of Imam Ahmad, Imam Malik, Imam Shafi'i, Hasan al-Basri rahimahumullah and others.
Their evidence is the statement of Allah Ta'ala: ﴿كُتِبَ عَلَيْكُمُ الْقِصَاصُ فِي الْقَتْلَى الْحُرُّ بِالْحُرِّ وَالْعَبْدُ بِالْعَبْدِ﴾ (al-Baqarah 2:178) "Retribution for the slain has been prescribed for you: the free for the free, and the slave for the slave (shall be killed)."
They say that there is a discontinuity (inqita') between Hasan al-Basri and Samurah in this hadith, and also that the meaning of your statement «قَتَلْنَاہُ» is that we will take retribution from him and punish him for this evil deed.
In this, the word "killing" is used in the sense of resemblance (mushakalah), just as in the statement of Allah Ta'ala: ﴿وَجَزَاءُ سَيِّئَةٍ سَيِّئَةٌ مِثْلُهَا﴾ (ash-Shura 42:40) "The recompense of an evil is an evil like it."
Here, the repetition of the word "evil" is for the sake of resemblance (mushakalah).
Similarly, in the speech of the Messenger sallallahu alayhi wa sallam, the word "killing" is also used for the sake of resemblance.
The intent is to warn, rebuke, and frighten.
As for the matter of whether the limb of a free man will be cut in retaliation for the limb of a slave or not, the majority of scholars are of the opinion that the limb of a free man will not be cut in exchange for the limb of a slave.
Their opinion is based on the fact that they have interpreted this hadith as being for warning and rebuke.