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سنن دارمي
Darimi
من كتاب الدياتFrom the Book of Blood Money
باب في الْقَوَدِ بَيْنَ الْعَبْدِ وَسَيِّدِهِ:Chapter: Retaliation Between Slave and Master
Hadith 2395
اُردوEn
أَخْبَرَنَا سَعِيدُ بْنُ عَامِرٍ، عَنْ شُعْبَةَ، عَنْ قَتَادَةَ، عَنْ الْحَسَنِ، عَنْ سَمُرَةَ بْنِ جُنْدُبٍ: أَنّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ، قَالَ: "مَنْ قَتَلَ عَبْدَهُ قَتَلْنَاهُ، وَمَنْ جَدَعَهُ، جَدَعْنَاهُ" . قَالَ: ثُمَّ نَسِيَ الْحَسَنُ هَذَا الْحَدِيثَ، وَكَانَ يَقُولُ: لَا يُقْتَلُ حُرٌّ بِعَبْدٍ.
It is narrated from Sayyiduna Samurah bin Jundub (may Allah be pleased with him) that the Messenger of Allah (peace and blessings of Allah be upon him) said: "Whoever kills his slave, we will kill him in retribution, and whoever cuts off his (the slave's) nose, we will cut off his nose." The narrator said: Then Hasan (may Allah have mercy on him) forgot this hadith and used to say: A free man will not be killed in retaliation for a slave.
Brief Explanation
(Commentary on Hadith 2394)
If a slave kills a free Muslim, then by consensus that slave will be killed in retaliation. However, there is a difference of opinion regarding whether a free Muslim should be killed in retaliation for a slave.
Some scholars have said: a free person will also be killed in retaliation for a slave. The second group says that if a free man kills someone’s slave, he will not be killed, as has been narrated from Hasan al-Basri rahimahullah. And if an owner kills his own slave, then by consensus the owner will not be killed in retaliation for his slave or slave-girl. Imam al-Nakha’i rahimahullah has differed on this matter, which is not correct; he has used this hadith as evidence: «مَنْ قَتَلَ عَبْدَهُ قَتَلْنَاهُ.» but the majority of scholars have said that this hadith is weak or abrogated. The correct view is the first one.
(And Allah knows best).
If a slave kills a free Muslim, then by consensus that slave will be killed in retaliation. However, there is a difference of opinion regarding whether a free Muslim should be killed in retaliation for a slave.
Some scholars have said: a free person will also be killed in retaliation for a slave. The second group says that if a free man kills someone’s slave, he will not be killed, as has been narrated from Hasan al-Basri rahimahullah. And if an owner kills his own slave, then by consensus the owner will not be killed in retaliation for his slave or slave-girl. Imam al-Nakha’i rahimahullah has differed on this matter, which is not correct; he has used this hadith as evidence: «مَنْ قَتَلَ عَبْدَهُ قَتَلْنَاهُ.» but the majority of scholars have said that this hadith is weak or abrogated. The correct view is the first one.
(And Allah knows best).
