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سنن دارمي
Darimi
من كتاب الدياتFrom the Book of Blood Money
باب فِيمَنْ عَضَّ يَدَ رَجُلٍ فَانْتَزَعَ الْمَعْضُوضُ يَدَهُ:Chapter: If Someone Bites Another’s Hand and Is Injured
Hadith 2413
اُردوEn
حَدَّثَنَا هَاشِمُ بْنُ الْقَاسِمِ، حَدَّثَنَا شُعْبَةُ، قَالَ: قَتَادَةُ أَخْبَرَنِي، قَالَ: سَمِعْتُ زُرَارَةَ بْنَ أَوْفَى، عَنْ عِمْرَانَ بْنِ حُصَيْنٍ: أَنَّ رَجُلًا عَضَّ يَدَ رَجُلٍ، قَالَ: فَنَزَعَ يَدَهُ فَوَقَعَتْ ثَنِيَّتَاهُ، فَاخْتَصَمُوا إِلَى رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ، فَقَالَ: "يَعَضُّ أَحَدُكُمْ أَخَاهُ كَمَا يَعَضُّ الْفَحْلُ ؟ لَا دِيَةَ لَكَ".
It is narrated from Sayyiduna Imran bin Husain (may Allah be pleased with him) that a man bit another man's hand, so the latter pulled his hand out of the mouth of the one biting him, causing his two front teeth to break. Then they brought their dispute to the Messenger of Allah (peace and blessings be upon him), and he said: "You bite your brother like a camel bites? Go, you will not receive any compensation (blood money)."
Brief Explanation
(Commentary on Hadiths 2411 to 2413)
From this hadith, it is established that if, in order to remove harm or injury from another person, a crime is committed in self-defense, then that crime is not liable for accountability. This is the position of the majority (jumhur), however, there are two conditions for this: First, that the harm causes pain to the body.
Second, that there is no other way to escape or be freed from it except this.
If neither of these two conditions is found, then blood money (diyah) will be obligatory.
Here, in this hadith, the Messenger of Allah (sallallahu alayhi wa sallam) declared the blood money for the tooth to be void because the tooth of the one who bit was broken due to his own fault; had he not bitten, the other would not have pulled his hand away, and when he did bite, what else could the poor person have done? After all, it was necessary to free himself.
From this hadith, it is established that if, in order to remove harm or injury from another person, a crime is committed in self-defense, then that crime is not liable for accountability. This is the position of the majority (jumhur), however, there are two conditions for this: First, that the harm causes pain to the body.
Second, that there is no other way to escape or be freed from it except this.
If neither of these two conditions is found, then blood money (diyah) will be obligatory.
Here, in this hadith, the Messenger of Allah (sallallahu alayhi wa sallam) declared the blood money for the tooth to be void because the tooth of the one who bit was broken due to his own fault; had he not bitten, the other would not have pulled his hand away, and when he did bite, what else could the poor person have done? After all, it was necessary to free himself.
