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 4805
اُردوEn
أَخْبَرَنَا أَحْمَدُ بْنُ سُلَيْمَانَ ، قَالَ : حَدَّثَنَا يَزِيدُ بْنُ هَارُونَ ، قَالَ : أَنْبَأَنَا مُحَمَّدُ بْنُ رَاشِدٍ ، عَنْ سُلَيْمَانَ بْنِ مُوسَى ، عَنْ عَمْرِو بْنِ شُعَيْبٍ ، عَنْ أَبِيهِ ، عَنْ جَدِّهِ : أَنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، قَالَ : " مَنْ قُتِلَ خَطَأً فَدِيَتُهُ مِائَةٌ مِنَ الْإِبِلِ ، ثَلَاثُونَ بِنْتَ مَخَاضٍ ، وَثَلَاثُونَ بِنْتَ لَبُونٍ ، وَثَلَاثُونَ حِقَّةً ، وَعَشَرَةُ بَنِي لَبُونٍ ذُكُورٍ " ، قَالَ : وَكَانَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ يُقَوِّمُهَا عَلَى أَهْلِ الْقُرَى أَرْبَعَ مِائَةِ دِينَارٍ أَوْ عِدْلَهَا مِنَ الْوَرِقِ , وَيُقَوِّمُهَا عَلَى أَهْلِ الْإِبِلِ إِذَا غَلَتْ رَفَعَ فِي قِيمَتِهَا , وَإِذَا هَانَتْ نَقَصَ مِنْ قِيمَتِهَا عَلَى نَحْوِ الزَّمَانِ مَا كَانَ , فَبَلَغَ قِيمَتُهَا عَلَى عَهْدِ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَا بَيْنَ الْأَرْبَعِ مِائَةِ دِينَارٍ إِلَى ثَمَانِ مِائَةِ دِينَارٍ أَوْ عِدْلِهَا مِنَ الْوَرِقِ ، قَالَ : وَقَضَى رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " أَنَّ مَنْ كَانَ عَقْلُهُ فِي الْبَقَرِ عَلَى أَهْلِ الْبَقَرِ مِائَتَيْ بَقَرَةٍ ، وَمَنْ كَانَ عَقْلُهُ فِي الشَّاةِ أَلْفَيْ شَاةٍ " . (حديث مرفوع) (حديث موقوف) وَقَضَى رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " أَنَّ الْعَقْلَ مِيرَاثٌ بَيْنَ وَرَثَةِ الْقَتِيلِ عَلَى فَرَائِضِهِمْ فَمَا فَضَلَ فَلِلْعَصَبَةِ " . (حديث مرفوع) (حديث موقوف) وَقَضَى رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " أَنْ يَعْقِلَ عَلَى الْمَرْأَةِ عَصَبَتُهَا مَنْ كَانُوا , وَلَا يَرِثُونَ مِنْهُ شَيْئًا إِلَّا مَا فَضَلَ عَنْ وَرَثَتِهَا , وَإِنْ قُتِلَتْ فَعَقْلُهَا بَيْنَ وَرَثَتِهَا , وَهُمْ يَقْتُلُونَ قَاتِلَهَا " .
´It was narrated from 'Amr bin Shu'aib, from his father, from his grandfather, that the Messenger of Allah said:` "Whoever is killed by mistake, his ransom is one hundred camels: Thirty Bint Makkah, thirty Bint Labun, thirty Hiqqah and ten Bin Labun. "[1] The Messenger of Allah used to fix the value (of the Diayah for accidental killing) among town-dwellers at four hundred Dinars or the equivalent value in silver. When he calculated the price in terms of people with camels (for Bedouin), it would vary from one time to another. When prices rose, the value in Dinars would rise, and when prices fell the value in Dinars would fall. At the time of the Messenger of Allah the value was between four hundred and eight hundred Dinars, or the equivalent value in silver, eight thousand Dirhams. And the Messenger of Allah ruled that if a person's blood money was paid in cattle, among those who kept cattle, the amount was two hundred cows; and if a person's blood money was paid in sheep, among this who kept sheep, the value was two thousand sheep. The Messenger of Allah ruled that the blood money is part of the estate, to be divided among the heirs of the victim according to their allotted shares, and whatever is left over is for the 'Asabah. And the Messenger of Allah ruled that if a woman commits urder then he 'Asahah, whoever they may be, must pay the blood money, but they do not inherit anything except that which is left over from her heirs; if a woman is killed then her blood money is to be shared among her heirs, and they may kill her killer. (Hasah)
Related hadith on this topic
Explanation & Benefits
Hafiz Muhammad Ameen
(1) In this blessed hadith, the amount of blood money (diyah) for accidental killing is mentioned, and it is four categories of one hundred camels. Its details have been explained in the aforementioned hadith.
(2) This hadith also indicates that the original form of diyah is camels. However, if camels are not available, then the value of one hundred camels will be considered as the diyah. If camels are expensive, then the amount of diyah will be higher, and if camels are cheap, then the amount of diyah will also be less. If someone wishes to give cows or oxen as diyah, then the diyah will be two hundred cows or oxen. And if one wishes to pay the diyah in the form of goats, then two thousand goats will constitute the diyah.
(3) Retaliation (qisas) from the killer is the right of the heirs. If they wish, they may take retaliation, and if they wish, they may forgive. The heirs of the deceased, that is, those who inherit wealth, and not other agnates (close relatives), have the right to take retaliation or to forgive. However, if there is no male or female heir among the heirs of the deceased, then this right will be given to other close relatives. And Allah knows best!
(4) The diyah of the murdered person, like his other wealth, is the right of his heirs, meaning the diyah will also be distributed among them. First, the fixed-share heirs (ashab al-furud), whose shares have been determined by the Shari‘ah, will take their shares, and whatever remains will go to the agnates (asaba). However, if someone commits accidental (unintentional) killing, then the diyah that becomes obligatory upon him will be paid by his agnates (asaba) only. Asaba refers to the closest male relatives, for example: sons, grandsons, father, grandfather, brothers, nephews, paternal uncles, paternal great-uncles, and their descendants. And by heirs is meant those relatives whose share has been fixed in inheritance.
(5) This hadith has no connection with the relevant chapter. However, it is related to the next chapter, and this has occurred in many places in Sunan al-Nasa’i, especially when there are many narrations under the previous chapter.
(2) This hadith also indicates that the original form of diyah is camels. However, if camels are not available, then the value of one hundred camels will be considered as the diyah. If camels are expensive, then the amount of diyah will be higher, and if camels are cheap, then the amount of diyah will also be less. If someone wishes to give cows or oxen as diyah, then the diyah will be two hundred cows or oxen. And if one wishes to pay the diyah in the form of goats, then two thousand goats will constitute the diyah.
(3) Retaliation (qisas) from the killer is the right of the heirs. If they wish, they may take retaliation, and if they wish, they may forgive. The heirs of the deceased, that is, those who inherit wealth, and not other agnates (close relatives), have the right to take retaliation or to forgive. However, if there is no male or female heir among the heirs of the deceased, then this right will be given to other close relatives. And Allah knows best!
(4) The diyah of the murdered person, like his other wealth, is the right of his heirs, meaning the diyah will also be distributed among them. First, the fixed-share heirs (ashab al-furud), whose shares have been determined by the Shari‘ah, will take their shares, and whatever remains will go to the agnates (asaba). However, if someone commits accidental (unintentional) killing, then the diyah that becomes obligatory upon him will be paid by his agnates (asaba) only. Asaba refers to the closest male relatives, for example: sons, grandsons, father, grandfather, brothers, nephews, paternal uncles, paternal great-uncles, and their descendants. And by heirs is meant those relatives whose share has been fixed in inheritance.
(5) This hadith has no connection with the relevant chapter. However, it is related to the next chapter, and this has occurred in many places in Sunan al-Nasa’i, especially when there are many narrations under the previous chapter.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4805
Shaykh Umar Farooq Saeedi
Benefits and Issues:
It is obligatory upon the people of authority and decision (ashab al-hall wa’l-‘aqd) in an Islamic government to regularly make public announcements among the people regarding the current market value in matters such as blood money (diyah) and other Islamic obligations, so that no one is subjected to injustice.
It is obligatory upon the people of authority and decision (ashab al-hall wa’l-‘aqd) in an Islamic government to regularly make public announcements among the people regarding the current market value in matters such as blood money (diyah) and other Islamic obligations, so that no one is subjected to injustice.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 4542
Maulana Ataullah Sajid
Benefits and Issues:
➊ The original amount of blood money (diyah) is determined by camels.
➋ If it is not possible to pay with camels, then diyah can also be paid in the form of cows or goats.
➌ Payment of diyah is also possible in the form of cash; in this case, the government or the judge should estimate the value of one hundred camels and decide the amount of diyah accordingly.
➍ Due to fluctuations in the price of camels, the amount of cash to be paid as diyah may also increase or decrease.
➊ The original amount of blood money (diyah) is determined by camels.
➋ If it is not possible to pay with camels, then diyah can also be paid in the form of cows or goats.
➌ Payment of diyah is also possible in the form of cash; in this case, the government or the judge should estimate the value of one hundred camels and decide the amount of diyah accordingly.
➍ Due to fluctuations in the price of camels, the amount of cash to be paid as diyah may also increase or decrease.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2630
