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سنن دارمي
Darimi
من كتاب الدياتFrom the Book of Blood Money
باب لاَ يُؤْخَذُ أَحَدٌ بِجِنَايَةِ غَيْرِهِ:Chapter: No One Is Punished for Another’s Crime
Hadith 2426
اُردوEn
أَخْبَرَنَا أَبُو الْوَلِيدِ، حَدَّثَنَا عُبَيْدُ اللَّهِ بْنُ إِيَادٍ، حَدَّثَنَا إِيَادٌ، عَنْ أَبِي رِمْثَةَ، قَالَ: انْطَلَقْتُ مَعَ أَبِي نَحْوَ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ، فَقَالَ لِأَبِي: "ابْنُكَ هَذَا ؟"، فَقَالَ: إِي وَرَبِّ الْكَعْبَةِ . قَالَ: "حَقًّا ؟". قَالَ: "أَشْهَدُ بِهِ". قَالَ: فَتَبَسَّمَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ضَاحِكًا مِنْ ثَبَتِ شَبَهِي فِي أَبِي وَمِنْ حَلِفِ أَبِي عَلَي، فَقَالَ: "إِنَّ ابْنَكَ هَذَا لَا يَجْنِي عَلَيْكَ وَلَا تَجْنِي عَلَيْهِ". قَالَ: وَقَرَأَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: وَلا تَزِرُ وَازِرَةٌ وِزْرَ أُخْرَى سورة الأنعام آية 164.
Sayyiduna Abu Rimthah (may Allah be pleased with him) said: I went with my father to the service of the Messenger of Allah (peace and blessings be upon him), and he (the Prophet) said to my father: "Is this your son?" He replied: "Yes, by the Lord of the Ka'bah." The Prophet said: "Do you speak the truth?" He replied: "Yes, indeed, I bear witness to it (that he is my son)." Abu Rimthah said: The Messenger of Allah (peace and blessings be upon him) smiled and laughed at my resemblance to my father and at my father's sworn testimony, and said: "Indeed, this son of yours will not bear responsibility for your crime, nor will you bear responsibility for his crime." Then the Prophet (peace and blessings be upon him) recited this verse: Translation: (No bearer of burdens will bear the burden of another) (__QUR_6_164__, __QUR_17_15__).
Brief Explanation
(Commentary on Hadith 2425)
The name of Sayyiduna Abu Rimthah radi Allahu anhu is Habib bin Hayan; other names have also been mentioned. His meeting with the Noble Prophet sallallahu alayhi wa sallam took place during the Farewell Pilgrimage (Hajjat al-Wada‘). In this narration, it is stated that Sayyiduna Abu Rimthah radi Allahu anhu came with his father and narrated in his own words. In the first narration, it is mentioned that Sayyiduna Abu Rimthah radi Allahu anhu came with his son and related the incident. In any case, from this hadith it is understood that in retribution (qisas) and punishment, no one else will be apprehended in place of the criminal; even a son will not be held accountable in place of the father, nor the father in place of the son. If it is asked, then why did the Lawgiver (Shari‘) place the burden of blood money (diyah) upon the male agnates (‘asaba) in the case of accidental killing (qatl khata’) and in the case of qasamah? The answer is that this is not a burden, but rather cooperation and assistance, which, based on brotherhood and kinship, is rendered as a natural requirement at the time of need. The members of the kinship group (baradari) willingly pay it, because each one considers it an honor to participate willingly and gladly in sharing the grief of his close relative. Human civilization and society demand this very thing: that today, if someone is afflicted by calamity, others should support him, for tomorrow they too may be subject to the same.
(Mubarakpuri rahimahullah).
The name of Sayyiduna Abu Rimthah radi Allahu anhu is Habib bin Hayan; other names have also been mentioned. His meeting with the Noble Prophet sallallahu alayhi wa sallam took place during the Farewell Pilgrimage (Hajjat al-Wada‘). In this narration, it is stated that Sayyiduna Abu Rimthah radi Allahu anhu came with his father and narrated in his own words. In the first narration, it is mentioned that Sayyiduna Abu Rimthah radi Allahu anhu came with his son and related the incident. In any case, from this hadith it is understood that in retribution (qisas) and punishment, no one else will be apprehended in place of the criminal; even a son will not be held accountable in place of the father, nor the father in place of the son. If it is asked, then why did the Lawgiver (Shari‘) place the burden of blood money (diyah) upon the male agnates (‘asaba) in the case of accidental killing (qatl khata’) and in the case of qasamah? The answer is that this is not a burden, but rather cooperation and assistance, which, based on brotherhood and kinship, is rendered as a natural requirement at the time of need. The members of the kinship group (baradari) willingly pay it, because each one considers it an honor to participate willingly and gladly in sharing the grief of his close relative. Human civilization and society demand this very thing: that today, if someone is afflicted by calamity, others should support him, for tomorrow they too may be subject to the same.
(Mubarakpuri rahimahullah).
