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سنن دارمي
Darimi
من كتاب الدياتFrom the Book of Blood Money
باب دِيَةِ الْخَطَإِ عَلَى مَنْ هِيَ:Chapter: Who Bears Accidental Blood Money
Hadith 2419
اُردوEn
أَخْبَرَنَا عُثْمَانُ بْنُ عُمَرَ، حَدَّثَنَا يُونُسُ، عَنْ الزُّهْرِيِّ، عَنْ سَعِيدِ بْنِ الْمُسَيِّبِ، وَأَبِي سَلَمَةَ , عَنْ أَبِي هُرَيْرَةَ: أَنَّ امْرَأَتَيْنِ مِنْ هُذَيْلٍ اقْتَتَلَتَا، فَرَمَتْ إِحْدَاهُمَا الْأُخْرَى بِحَجَرٍ، فَقَتَلَتْهَا وَمَا فِي بَطْنِهَا، فَاخْتَصَمُوا فِي الدِّيَةِ إِلَى رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ، فَقَضَى: أَنَّ دِيَةَ جَنِينِهَا غُرَّةٌ: عَبْدٌ أَوْ وَلِيدَةٌ، وَقَضَى بِدِيَتِهَا عَلَى عَاقِلَتِهَا، وَوَرِثَتْهَا وَرَثَتُهَا وَلَدُهَا وَمَنْ مَعَهَا، فَقَالَ حَمَلُ بْنُ النَّابِغَةِ الْهُذَلِيُّ: كَيْفَ أَغْرَمُ مَنْ لَا شَرِبَ وَلَا أَكَلَ، وَلَا نَطَقَ وَلَا اسْتَهَلّ، فَمِثْلُ ذَلِكَ يُطَلُّ ؟، فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: "إِنَّمَا هُوَ مِنْ إِخْوَانِ الْكُهَّانِ" . مِنْ أَجْلِ سَجْعِهِ الَّذِي سَجَعَ.
It is narrated from Sayyiduna Abu Hurairah (may Allah be pleased with him) that two women from the tribe of Huzail fought, and one struck the other with a stone, causing her death and also the death of what was in her womb. The heirs of the slain woman brought this dispute to the Messenger of Allah (peace and blessings be upon him), so he ruled that for the fetus (the unborn child) there should be a slave man or woman as compensation, and he placed the blood money for the slain woman upon the relatives of the killer, and made the heirs of the slain woman—her children, husband, etc.—the recipients of this blood money. At that time, Haml bin Nabhigah Huzali said: O Messenger of Allah! How can we pay compensation for a child who neither drank nor ate, neither spoke nor cried? Such a ruling is not valid. The Messenger of Allah (peace and blessings be upon him) said: “He seems to be one of the brothers of soothsayers, for he has rhymed like the soothsayers.”
Brief Explanation
(Commentary on Hadiths 2417 to 2419)
From this hadith, it is understood that the blood money (diyah) for accidental killing (qatl-i-khata) will be the responsibility of the relatives of the killer; all of them together will pay it.
The second point in this hadith is the disavowal of soothsayers (kahin) and the command to keep away from them. Soothsayers are those people who claim knowledge of the unseen and tell what will happen in the future. Such people are liars, deceivers, and frauds. Whoever goes to them, his prayer will not be accepted for forty days, and whoever affirms what they say is a denier of the Shari‘ah of Muhammad (shari‘at-i-Muhammadiyyah). The soothsayers of Arabia used to mention rhymed and rhythmic phrases before their followers to captivate them; therefore, the Messenger of Allah (sallallahu alayhi wa sallam) disliked this kind of phrasing because it was poetic imagination and had nothing to do with reality.
The ruling of the Shari‘ah in the case of accidental killing is blood money (diyah), and for the fetus (janin), the freeing of a male or female slave. From this hadith, it is established that the case should be brought before the judge (hakim), and that even if the fetus is miscarried dead, its blood money becomes obligatory.
And Allah knows best.
From this hadith, it is understood that the blood money (diyah) for accidental killing (qatl-i-khata) will be the responsibility of the relatives of the killer; all of them together will pay it.
The second point in this hadith is the disavowal of soothsayers (kahin) and the command to keep away from them. Soothsayers are those people who claim knowledge of the unseen and tell what will happen in the future. Such people are liars, deceivers, and frauds. Whoever goes to them, his prayer will not be accepted for forty days, and whoever affirms what they say is a denier of the Shari‘ah of Muhammad (shari‘at-i-Muhammadiyyah). The soothsayers of Arabia used to mention rhymed and rhythmic phrases before their followers to captivate them; therefore, the Messenger of Allah (sallallahu alayhi wa sallam) disliked this kind of phrasing because it was poetic imagination and had nothing to do with reality.
The ruling of the Shari‘ah in the case of accidental killing is blood money (diyah), and for the fetus (janin), the freeing of a male or female slave. From this hadith, it is established that the case should be brought before the judge (hakim), and that even if the fetus is miscarried dead, its blood money becomes obligatory.
And Allah knows best.
