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سنن دارمي
Darimi
من كتاب الدياتFrom the Book of Blood Money
باب كَيْفَ الْعَمَلُ في أَخْذِ دِيَةِ الْخَطَإِ:Chapter: How to Take Accidental Blood Money
Hadith 2404
اُردوEn
أَخْبَرَنَا عَبْدُ اللَّهِ بْنُ سَعِيدٍ، حَدَّثَنَا أَبُو مُعَاوِيَةَ، عَنْ حَجَّاجٍ، عَنْ زَيْدِ بْنِ جُبَيْرٍ، عَنْ خِشْفِ بْنِ مَالِكٍ، عَنْ عَبْدِ اللَّهِ: أَنّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ "جَعَلَ الدِّيَةَ فِي الْخَطَإِ أَخْمَاسًا".
It is narrated from Sayyiduna Abdullah bin Mas’ud (may Allah be pleased with him) that the Messenger of Allah (peace and blessings be upon him) fixed the blood money for accidental killing in five categories.
Brief Explanation
(Commentary on Hadith 2403)
This hadith of Sayyiduna Ibn Mas'ud radi Allahu anhu is foundational in determining the ages of camels to be given in blood money (diyah), and the four Imams have adopted it despite its weakness. They have stated: The diyah for unintentional killing (qatl al-khata) will be collected in five categories. It should be noted that there are three types of killing: (1) intentional killing (qatl al-amd), (2) quasi-intentional killing (shibh al-amd), (3) unintentional killing (qatl al-khata).
Intentional killing (qatl al-amd) is when a sane, adult, legally responsible person kills an innocent person with any killing instrument (such as a knife, sword, gun, etc.); in this case, retribution (qisas) is due.
Quasi-intentional killing (shibh al-amd) is when a person with the aforementioned qualities strikes someone with something that does not usually cause death, such as a stick, knife, stone, whip, etc.; in this case, blood money (diyah) is obligatory.
Unintentional killing (qatl al-khata) is when a person shoots an arrow or fires a bullet for hunting, and it hits an innocent person, resulting in their death; in this case as well, blood money (diyah) is obligatory.
For its details, see the noble verse: «﴿وَمَا كَانَ لِمُؤْمِنٍ أَنْ يَقْتُلَ ......﴾ [النساء : 92]».
The meaning of «أَخْمَاسًا» is: that five types of camels have been prescribed to be given as diyah, as is mentioned in the four Sunan: twenty camels of three years of age, twenty camels of four years of age, twenty camels of two years of age, twenty she-camels of one year of age, and twenty male camels of one year of age.
This hadith of Sayyiduna Ibn Mas'ud radi Allahu anhu is foundational in determining the ages of camels to be given in blood money (diyah), and the four Imams have adopted it despite its weakness. They have stated: The diyah for unintentional killing (qatl al-khata) will be collected in five categories. It should be noted that there are three types of killing: (1) intentional killing (qatl al-amd), (2) quasi-intentional killing (shibh al-amd), (3) unintentional killing (qatl al-khata).
Intentional killing (qatl al-amd) is when a sane, adult, legally responsible person kills an innocent person with any killing instrument (such as a knife, sword, gun, etc.); in this case, retribution (qisas) is due.
Quasi-intentional killing (shibh al-amd) is when a person with the aforementioned qualities strikes someone with something that does not usually cause death, such as a stick, knife, stone, whip, etc.; in this case, blood money (diyah) is obligatory.
Unintentional killing (qatl al-khata) is when a person shoots an arrow or fires a bullet for hunting, and it hits an innocent person, resulting in their death; in this case as well, blood money (diyah) is obligatory.
For its details, see the noble verse: «﴿وَمَا كَانَ لِمُؤْمِنٍ أَنْ يَقْتُلَ ......﴾ [النساء : 92]».
The meaning of «أَخْمَاسًا» is: that five types of camels have been prescribed to be given as diyah, as is mentioned in the four Sunan: twenty camels of three years of age, twenty camels of four years of age, twenty camels of two years of age, twenty she-camels of one year of age, and twenty male camels of one year of age.
