´It was narrated from 'Amr Bin Shu'aib, from his father, that his grandfather said:` "The Messenger of Allah said: 'The blood money for Ahl Adh-Dhimmah is half that of the blood money for the Muslims, and they are the Jews and Christians."
Explanation & Benefits
Hafiz Muhammad Ameen
“It is half” because the status of a Muslim and a disbeliever cannot be equal. “Shall We then treat the Muslims like the criminals?” However, the killing of a dhimmi (non-Muslim under Muslim protection) is a violation of the covenant; therefore, half the blood money (diyah) must be paid. The Hanafis consider the diyah of a Muslim and a dhimmi to be equal, and they cite a mursal hadith with this meaning. Imam Shafi‘i rahimahullah holds the view of one-third diyah, but both opinions are contrary to the authentic hadith.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4810
Shaykh Umar Farooq Saeedi
Benefits and Issues:
A non-Muslim who becomes a subject within the Islamic state is called a dhimmi.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 4583
Maulana Ataullah Sajid
Benefit:
The ruling for both Jews and Christians is the same.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2644
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه أبوداود، الديات، باب في دية الذمي، حديث:4583، والنسائي، القسامة، حديث:4809، وابن ماجه، الديات، حديث:2644، والترمذي، الديات، حديث:1413، وأحمد:2 /180، 215، وابن خزيمة.»©Explanation:
➊ From this hadith, it is understood that the blood money (diyah) of a dhimmi is half that of a Muslim. A dhimmi is that non-Muslim who, on the basis of a treaty or by paying jizyah, resides in the Islamic state as a subject.
➋ The blood money (diyah) for a woman, in cases of wounds, is equal to that of a man, provided that the diyah for that wound does not exceed one-third of the full diyah for a man. If it exceeds one-third, then the woman's diyah will become half of the man's diyah. Understand this with an example: if a woman has three fingers cut off, the diyah will be thirty camels, at the rate of ten camels per finger, and up to this point, her diyah will be equal to that of a man. But if the woman has four fingers cut off, and a man also has four fingers cut off, then the man's diyah will be forty camels and the woman's diyah will be twenty camels, because forty is more than one-third of one hundred, so the woman's diyah will become half of the man's diyah. This is the position of the majority of scholars, but the Hanafis and Shafi‘is hold that in both cases of killing and wounds, the woman's diyah is always half.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 1016