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سنن دارمي
Darimi
من كتاب الدياتFrom the Book of Blood Money
باب شِبْهِ الْعَمْدِ:Chapter: Semi-Intentional Killing
Hadith 2420
اُردوEn
أَخْبَرَنَا سُلَيْمَانُ بْنُ حَرْبٍ، حَدَّثَنَا شُعْبَةُ، عَنْ أَيُّوبَ، عَنْ الْقَاسِمِ بْنِ رَبِيعَةَ، عَنْ عَبْدِ اللَّهِ بْنِ عَمْرٍو، قَالَ: قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: "دِيَةُ قَتِيلِ الْخَطَإِ شِبْهِ الْعَمْدِ، وَمَا كَانَ بِالسَّوْطِ وَالْعَصَا مِائَةٌ مِنْهَا: أَرْبَعُونَ فِي بُطُونِهَا أَوْلَادُهَا".
Sayyiduna Abdullah bin Amr (may Allah be pleased with them both) said: The Messenger of Allah (peace and blessings of Allah be upon him) said: "The blood money (diyah) for one killed by mistake or in a case resembling intentional killing, who was struck with a whip or a stick, is one hundred camels, among which forty she-camels should be pregnant." (That is, they should be carrying young.)
Brief Explanation
(Commentary on Hadith 2419)
Killing is of several types, the details of which have already been mentioned under Hadith number (2404).
Shubhat ‘Amd (quasi-intentional killing) is when someone strikes with such an object from which death is not usually expected, such as a whip, a light stick, or a staff. In this case, as well as in accidental killing (qatl khata’), blood money (diyah) is obligatory, which is one hundred camels. Its details are found in the hadith of Abu Dawud and Tirmidhi, narrated from ‘Amr ibn Shu‘ayb from his father from his grandfather, that thirty three-year-old she-camels, thirty four-year-old she-camels, and forty pregnant she-camels constitute the diyah for accidental killing and shubhat ‘amd. From Sayyiduna ‘Ali radi Allahu anhu, it is also narrated in [أبوداؤد 4550] in a similar manner.
Killing is of several types, the details of which have already been mentioned under Hadith number (2404).
Shubhat ‘Amd (quasi-intentional killing) is when someone strikes with such an object from which death is not usually expected, such as a whip, a light stick, or a staff. In this case, as well as in accidental killing (qatl khata’), blood money (diyah) is obligatory, which is one hundred camels. Its details are found in the hadith of Abu Dawud and Tirmidhi, narrated from ‘Amr ibn Shu‘ayb from his father from his grandfather, that thirty three-year-old she-camels, thirty four-year-old she-camels, and forty pregnant she-camels constitute the diyah for accidental killing and shubhat ‘amd. From Sayyiduna ‘Ali radi Allahu anhu, it is also narrated in [أبوداؤد 4550] in a similar manner.
