سنن نسائي
Nasai
كتاب القسامة والقود والدياتThe Book of Oaths (qasamah), Retaliation and Blood Money
بَابُ : ذِكْرِ الاِخْتِلاَفِ عَلَى خَالِدٍ الْحَذَّاءِChapter: Mentioning The Differences Reported From Khalid Al-Hadha
Hadith 4797
اُردوEn
أَخْبَرَنِي يَحْيَى بْنُ حَبِيبِ بْنِ عَرَبِيٍّ ، قَالَ : أَنْبَأَنَا حَمَّادٌ ، عَنْ خَالِدٍ يَعْنِي الْحَذَّاءَ ، عَنْ الْقَاسِمِ بْنِ رَبِيعَةَ ، عَنْ عُقْبَةَ بْنِ أَوْسٍ ، عَنْ عَبْدِ اللَّهِ : أَنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، قَالَ : " أَلَا وَإِنَّ قَتِيلَ الْخَطَإِ شِبْهِ الْعَمْدِ مَا كَانَ بِالسَّوْطِ وَالْعَصَا مِائَةٌ مِنَ الْإِبِلِ أَرْبَعُونَ فِي بُطُونِهَا أَوْلَادُهَا " .
´It was narrated from Abdullah bin 'Amr that the prophet said:` "Indeed the accidental killing, which seems intentional, with a whip or a stick, (the Diyah) is one hundred camels, of which forty should be (she-camels) with their young in their wombs."
Related hadith on this topic
Explanation & Benefits
Maulana Ataullah Sajid
Benefits and Issues:
(1)
Shubh-e-amd (quasi-intentional killing) is called accidental killing (qatl khata) because in it there is no intention to kill, only the intention to beat or strike.
(2)
“Those whose bellies contain offspring.”
By this is meant only pregnant she-camels.
The statement has been repeated for emphasis.
(1)
Shubh-e-amd (quasi-intentional killing) is called accidental killing (qatl khata) because in it there is no intention to kill, only the intention to beat or strike.
(2)
“Those whose bellies contain offspring.”
By this is meant only pregnant she-camels.
The statement has been repeated for emphasis.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2627
Hafiz Muhammad Ameen
(1) There are three types of killing:
➊ Accidental killing (qatl khata): For example, someone shot an arrow, etc., for hunting, and suddenly a person came forward and was killed; or someone shot an arrow or another weapon thinking it was an animal or an inanimate object, but later it turned out to be a human.
➋ Killing resembling intentional (shibh al-amd): In a fight, etc., there is no intention to kill, nor is a weapon used. Sticks, clubs, etc., are used, but someone ends up dying as a result.
➌ Intentional killing (qatl amd): There is an intention to kill or a weapon is used, because the purpose of a weapon is to kill; therefore, both situations are considered intentional killing. If there is an intention to kill, then regardless of what is used to kill, it will be considered intentional killing. The Hanafis have differentiated between intentional killing and killing resembling intentional only by the instrument used, i.e., if a weapon, etc., is used, it is intentional killing; and if sticks, clubs, stones, or iron (which is neither pointed nor sharp) are used, then it is shibh al-amd. In both, there is an intention to kill. However, their definition contradicts many incidents from the time of the Messenger of Allah (sallallahu alayhi wa sallam), and therefore is not reliable. Anyway, in the case of accidental killing, only blood money (diyah) is required, and that too is lighter, as will be mentioned ahead. In shibh al-amd, only blood money is required, but it is heavier, as is mentioned in this hadith: out of one hundred, forty should be pregnant she-camels. In intentional killing, there is retribution (qisas), and if pardon is granted, then the blood money is the same as in shibh al-amd. Remember, in every type of blood money, the number is one hundred camels.
(2) In this hadith, shibh al-amd is called khata (accidental) because in it, too, the purpose is not to kill, only fighting is intended.
➊ Accidental killing (qatl khata): For example, someone shot an arrow, etc., for hunting, and suddenly a person came forward and was killed; or someone shot an arrow or another weapon thinking it was an animal or an inanimate object, but later it turned out to be a human.
➋ Killing resembling intentional (shibh al-amd): In a fight, etc., there is no intention to kill, nor is a weapon used. Sticks, clubs, etc., are used, but someone ends up dying as a result.
➌ Intentional killing (qatl amd): There is an intention to kill or a weapon is used, because the purpose of a weapon is to kill; therefore, both situations are considered intentional killing. If there is an intention to kill, then regardless of what is used to kill, it will be considered intentional killing. The Hanafis have differentiated between intentional killing and killing resembling intentional only by the instrument used, i.e., if a weapon, etc., is used, it is intentional killing; and if sticks, clubs, stones, or iron (which is neither pointed nor sharp) are used, then it is shibh al-amd. In both, there is an intention to kill. However, their definition contradicts many incidents from the time of the Messenger of Allah (sallallahu alayhi wa sallam), and therefore is not reliable. Anyway, in the case of accidental killing, only blood money (diyah) is required, and that too is lighter, as will be mentioned ahead. In shibh al-amd, only blood money is required, but it is heavier, as is mentioned in this hadith: out of one hundred, forty should be pregnant she-camels. In intentional killing, there is retribution (qisas), and if pardon is granted, then the blood money is the same as in shibh al-amd. Remember, in every type of blood money, the number is one hundred camels.
(2) In this hadith, shibh al-amd is called khata (accidental) because in it, too, the purpose is not to kill, only fighting is intended.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4795
