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سنن نسائي
Nasai
كتاب القسامة والقود والديات
The Book of Oaths (qasamah), Retaliation and Blood Money
بَابُ : الأَمْرِ بِالْعَفْوِ عَنِ الْقِصَاصِ
Chapter: The Command To Pardon From Qisas
Sunan Nasai 4787 — The Command To Pardon From Qisas
أَخْبَرَنَا إِسْحَاق بْنُ إِبْرَاهِيمَ ، قَالَ : أَنْبَأَنَا عَبْدُ الرَّحْمَنِ ، قَالَ : حَدَّثَنَا عَبْدُ اللَّهِ وَهُوَ ابْنُ بَكْرِ بْنِ عَبْدِ اللَّهِ الْمُزَنِيُّ ، عَنْ عَطَاءِ بْنِ أَبِي مَيْمُونَةَ ، عَنْ أَنَسٍ ، قَالَ : " أُتِيَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فِي قِصَاصٍ فَأَمَرَ فِيهِ بِالْعَفْوِ " .
´It was narrated that Anas said:` "A case requiring Qisas was brought to the Messenger of Allah and he enjoined them to pardon."
Brief Explanation
1؎: That is: interceded so that, instead of retribution (qisas), he would be pleased with accepting blood money (diyah).
Explanation & Benefits
Hafiz Muhammad Ameen
Urdu marginal note:
In the hadith, the word "amr" is used. In Arabic, it has various meanings. One of these is "consultation" (mashwara) as well. Qisas (retaliation) is the legal right of the heirs (awliya) of the murdered person; therefore, they cannot be ordered to forgo qisas, even though forgiving is superior. However, they can be advised or consulted, which is why this meaning has been given preference here.
In the hadith, the word "amr" is used. In Arabic, it has various meanings. One of these is "consultation" (mashwara) as well. Qisas (retaliation) is the legal right of the heirs (awliya) of the murdered person; therefore, they cannot be ordered to forgo qisas, even though forgiving is superior. However, they can be advised or consulted, which is why this meaning has been given preference here.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4787
