Nasai

(1) The Prophet (sallallahu alayhi wa sallam) would always make it a point to explain issues in accordance with the context and occasion, and would clarify the rulings of the Book and the Sunnah in detail. Furthermore, the Prophet (sallallahu alayhi wa sallam) would elucidate the issue in such a manner that no ambiguity would remain; rather, every person could easily understand it.

(2) This blessed hadith is an explanation of Allah the Exalted’s statement: ﴿وَلا تَزِرُ وَازِرَةٌ وِزْرَ أُخْرَى﴾ () “No bearer of burdens will bear the burden of another (at all).”

(3) In the era of ignorance (jahiliyyah), not only father and son, but all the members of a tribe would be held responsible for each other’s crimes. If someone from the tribe committed murder, any person from the tribe could be seized and killed, and it would be claimed that retribution (qisas) had been taken. Islam not only abolished this evil custom, but also declared that the sinner is only the one who committed the crime. Only he can be punished, not anyone else. As for the question: why then is the blood money (diyah) for accidental killing (qatl khata’) or quasi-intentional killing (shibh al-‘amd) imposed upon the relatives? The answer is that, in reality, this is a form of cooperation with him, because in the case of accidental killing (qatl khata’), the killer is completely innocent. At most, he can be called guilty of carelessness, and in quasi-intentional killing (shibh al-‘amd), he is indeed guilty because he fought, but since he did not even conceive of killing, he is not so guilty that the burden of a hundred valuable she-camels should be placed upon him. However, since the blood of a Muslim cannot go in vain, the diyah is imposed upon him, and his relatives are also made legally obliged to assist him, so that they do not withdraw their support. However, when the killer is fully culpable, for example, in intentional murder (qatl ‘amd), then he himself must face retribution (qisas). None of his brothers or father will be held accountable. If there is blood money (diyah), he alone will pay it.

Benefits and Issues:
If a criminal commits a crime and escapes, and the authorities are unable to apprehend him, then arresting his parents or close relatives is manifest injustice—unless they are accomplices in his crime, or have aided in his escape or concealment. This principle pertains to the Islamic society and Islamic law: when people adhere to the Shariah, then the Shariah can also be binding upon them.

Takhrij:
«أخرجه النسائي، القسامة، باب هل يؤخذ أحد بجريرة غيره، حديث:4836، وأبوداود، الديات، حديث:4495، وابن خزيمة، وابن الجارود.»©

Explanation:
From this hadith, it is understood that in retribution (qisas) and reprimand (‘itab), no one else will be apprehended in place of the criminal; even a son will not be held accountable for the father, nor a father for the son.

If it is asked why, in the case of accidental killing (qatl khata’) and qasamah, the burden of blood money (diyah) has been placed upon the male agnates (‘asaba) by the Shari‘ah, then the answer is that this is not a burden, but rather mutual cooperation and assistance, which is done on the basis of brotherhood and kinship, as dictated by natural disposition at the time of need. The members of the kinship group willingly pay it, because each person considers it an honor to participate willingly and gladly in sharing the grief of his close relative. Human civilization and society demand this: today, if someone is afflicted, others should support him, for tomorrow they themselves may be afflicted.

© Hadith Narrator:
«حضرت ابورِمْثہ رضی اللہ عنہ » According to one opinion, his name is Habib bin Hayan.

And according to another opinion, it is Rifa‘ah bin Yathrabi or ‘Ammarah bin Yathrabi.

He was known as Balawi, or as Taymi due to being from Banu Taym al-Rabab.

And according to one opinion, he is Tamimi due to being from the descendants of Imru’ al-Qays bin Zayd Manat bin Tamim.

He is a well-known Companion (sahabi).

He is counted among the people of Kufa.

And in the word "Rimthah," the "ra" has a kasrah underneath, and the "mim" is sakin (quiescent).