Daraqutni

Lady Aisha (may Allah be pleased with her) narrates: The Noble Prophet (peace and blessings be upon him) said: "It is permissible to kill a Muslim only in three cases: a married adulterer, who will be stoned to death; a person who kills someone intentionally, so he will be killed in retaliation; a person who leaves Islam and opposes Allah and His Messenger, so he will be killed, or crucified, or exiled."

This narration is also transmitted with another chain of transmission.

This narration is also transmitted through some other chains of transmission; however, there has been some discussion regarding certain narrators of it.

Sayyiduna Abdullah (may Allah be pleased with him) narrates this statement of the Noble Prophet (peace and blessings be upon him): "By the One besides whom there is no deity, the blood of a Muslim who testifies that there is no deity except Allah and that I am the Messenger of Allah is lawful to shed only in three cases: when he abandons Islam and separates from the (Muslim) community, or a married adulterer, and (a murderer, that is) a life for a life."

The same narration is also reported from Sayyidah Aisha (may Allah be pleased with her) with another chain of transmission.

Sayyiduna Abdullah (may Allah be pleased with him) narrates this statement of the Noble Prophet (peace and blessings be upon him): "It is not permissible to shed the blood of any Muslim (after this, the hadith is as previously mentioned)." Sayyidah Aisha (may Allah be pleased with her) also narrates from the Noble Prophet (peace and blessings be upon him) similar to the previous narration.

A'mash says: I narrated this hadith to Ibrahim, so he informed me: Aswad narrated this hadith to me from Sayyidah Aisha (may Allah be pleased with her).

A narrator named Abdur Rahman reports: The narrator has combined both narrations, that is, the narration transmitted by Masruq from Sayyiduna Abdullah and the narration transmitted by Ibrahim from Aswad (from Sayyidah Aisha, may Allah be pleased with her).

Sayyidah Aisha (may Allah be pleased with her) said: Any Muslim belonging to this Ummah can be killed for one of three reasons: a person who kills someone, so he will be killed in retaliation; a married adulterer; one who separates from the community (the narrator is in doubt, perhaps these are the words) one who leaves the community. This hadith is mawquf.

The same narration is transmitted from Sayyidah Aisha (may Allah be pleased with her) with another chain of transmission; this narration is mawquf.

Lady Aisha (may Allah be pleased with her) narrates: The Noble Prophet (peace and blessings be upon him) said: "As much as you are able, keep the hudud (prescribed punishments) away from the Muslims. If you find any way out for a Muslim, then provide him that way out, for it is better for the ruler (or judge) to err in pardoning than to err in punishing."

Sayyiduna Ali (may Allah be pleased with him) narrates: I heard the Noble Prophet (peace and blessings be upon him) saying: "Try to ward off the prescribed punishments (hudud)."

Sayyiduna Abdullah bin Mas'ud (may Allah be pleased with him), Sayyiduna Mu'adh bin Jabal (may Allah be pleased with him), Sayyiduna Uqbah bin Amir al-Juhani (may Allah be pleased with him) (these three personalities) say: When the matter of a hadd (prescribed punishment) becomes doubtful before you, then, as much as you are able, set it aside.

Sayyiduna Salamah bin Muhabbaq (may Allah be pleased with him) narrates: A case was brought before the Prophet (peace and blessings be upon him) regarding a man who had committed adultery with his wife's slave-girl, so the Prophet (peace and blessings be upon him) did not carry out the prescribed punishment on him.

Sayyiduna Hakim bin Hizam (may Allah be pleased with him) narrates: The Noble Prophet (peace and blessings be upon him) forbade taking retribution (qisas) in the mosque, establishing hudud (legal punishments) in it, and reciting poetry in it.

Sayyiduna Hakim bin Hizam (may Allah be pleased with him) narrates: The Prophet (peace and blessings be upon him) forbade that retribution (qisas) be taken in the mosque or that a prescribed punishment (hadd) be carried out therein.

Sayyiduna Hakim bin Hizam (may Allah be pleased with him) narrates: The Noble Prophet (peace and blessings be upon him) said: "Hudud (legal punishments) should not be carried out in mosques, nor should retribution (qisas) be taken in them."

Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) says: Among the Children of Israel, the law of retribution (qisas) was prescribed; there was no law of blood money (diyah) among them. So Allah said to this Ummah (as mentioned in the Qur'an in these words): "Retribution (qisas) has been prescribed for you regarding those killed." Then, "But if any remission is made by his brother..." Sayyiduna Ibn Abbas (may Allah be pleased with them both) says: This remission will be such that the other party agrees to accept blood money (diyah) in the case of intentional murder. "Then follow up with kindness" means the claimant should pursue with kindness, and the one who is required to pay should pay with good conduct. "This is a concession and mercy from your Lord." The same narration is transmitted from Sayyiduna Ibn Abbas (may Allah be pleased with them both) on the authority of Mujahid.

Sayyiduna Ibn Abbas (may Allah be pleased with them both) narrates: The Noble Prophet (peace and blessings be upon him) said: "When a runaway slave commits theft, his hand is not to be cut off, nor is the hand of a dhimmi to be cut off." This narration has been transmitted as a marfu‘ hadith only by the narrator named Fahd; the correct view is that this narration is mawquf.

Sayyiduna Ibn Abbas (may Allah be pleased with them both) held the opinion that if a runaway slave commits theft, his hand should not be cut off.

Sayyiduna Ibn Abbas (may Allah be pleased with them both) holds the opinion that the hadd punishment will not be carried out on a slave, nor will the hadd punishment be carried out on a Jew or Christian living in the land.

Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) narrates: The Noble Prophet (peace and blessings be upon him) said: "The hadd punishment will not be carried out on a slave nor on the People of the Book." The previous narration, which is transmitted as a mawquf hadith, is more authentic than this one; and Allah knows best.

Sayyiduna Abu Hurairah (may Allah be pleased with him) narrates: The Noble Prophet (peace and blessings be upon him) said: "Retribution (qisas) can only be carried out by means of the sword." Its narrator, Sulaiman bin Arqam, is abandoned.

Sayyiduna Ali (may Allah be pleased with him) narrates: The Noble Prophet (peace and blessings be upon him) said: "Qisas (retaliation) can only be taken with iron (weapons); qisas for life or anything else (any limb) can only be taken with iron (weapons)."

Sayyiduna Abu Hurairah (may Allah be pleased with him) narrates: The Noble Prophet (peace and blessings be upon him) said: "Retribution (qisas) can only be carried out by means of the sword."

Sayyiduna Abdullah bin Mas'ud (may Allah be pleased with him) narrates this statement of the Noble Prophet (peace and blessings of Allah be upon him): "Retribution (qisas) can only be taken by means of a weapon."

This same narration is transmitted on the authority of Sayyiduna Abu Hurairah, may Allah be pleased with him. The narrator Abu Mu'adh Sulaiman bin Arqam is abandoned.

Amr bin Shu'aib narrates from his father, from his grandfather: A man shot an arrow into another man's knee. That man came to the Prophet (peace be upon him) and said: "O Messenger of Allah! Get me retribution (qisas)." The Prophet (peace be upon him) said: "First, recover." Then (after recovering) that man came to the Prophet (peace be upon him) and said: "Get me retribution." So the Prophet (peace be upon him) allowed him to take retribution. Then that man came to the Prophet (peace be upon him) and said: "O Messenger of Allah! I have become lame (so give the other party a greater punishment)." The Prophet (peace be upon him) said: "I forbade you, but you did not listen to me. May Allah distance you; your becoming lame is wasted." (The narrator says:) After that, the Prophet (peace be upon him) forbade that retribution be taken before the injured person has recovered.

Sayyiduna Jabir (may Allah be pleased with him) narrates: A man was wounded, and he intended to take retribution (qisas). So the Prophet (peace and blessings be upon him) forbade taking retribution from the one who caused the wound until the wounded person recovered.

This narration is also transmitted with another chain, however, there is some verbal variation in it.

Sayyiduna Jabir (may Allah be pleased with him) narrates: A man shot an arrow into another man’s knee. The injured man came to the service of the Prophet (peace and blessings be upon him) to present a case for retribution (qisas). He was told, “First recover (from your injury).” He did not accept this and, acting hastily, took retribution. As a result, his leg did not heal, but the leg of the one from whom retribution was taken did heal. (The one who took retribution) came to the service of the Prophet (peace and blessings be upon him), and the Prophet (peace and blessings be upon him) said to him: “You will get nothing; you acted in disobedience.” The narrator, Shaykh Abu Ahmad bin Abdus, says: This narration has only been transmitted by Abu Bakr and Uthman (both sons of Abu Shaybah). The Shaykh says: Both sons of Abu Shaybah made a mistake in transmitting it. Imam Ahmad bin Hanbal and other hadith scholars have transmitted this narration as a mursal hadith from Ibn ‘Ulayyah, from Ayyub, from ‘Amr (bin Dinar). The students of ‘Amr bin Dinar have also transmitted it from him in this way, and its being mursal is established.

The same narration is also transmitted with another chain from Muhammad bin Talhah, from the Prophet Muhammad (peace be upon him).

Muhammad bin Talhah narrates: A man shot an arrow into another man's leg, so the injured man came to the Prophet (peace be upon him) and said, "O Messenger of Allah, have retribution carried out for me." The Prophet (peace be upon him) said, "First, recover." He said, "Have retribution carried out for me." The Prophet (peace be upon him) said, "First, recover." He said, "Have retribution carried out for me." So the Prophet (peace be upon him) had retribution carried out for him, but then he did not recover. He came to the Prophet (peace be upon him) and said, "Grant me my right." The Prophet (peace be upon him) said, "You have no right."

This same narration is also transmitted with another chain from Muhammad bin Talhah.

Amr bin Shu'aib narrates: The Prophet Muhammad (peace be upon him) said, "May Allah keep you away; you acted with haste."

Amr bin Shu'aib narrates from his father, from his grandfather: After that, the Prophet Muhammad (peace be upon him) forbade that retribution for a wound be taken before the injured person has recovered.

Sayyiduna Jabir (may Allah be pleased with him) narrates: The Noble Prophet (peace and blessings be upon him) said: "For taking retribution for a wound, one should wait for a year." The narrator named Yazid bin Iyad is weak and abandoned.

Abu Huraira (may Allah be pleased with him) narrates: Abu al-Qasim said: "Whoever falsely accuses his slave of adultery, the prescribed punishment will be established upon that person on the Day of Resurrection, except if the slave is actually guilty (then the ruling will be different)."

This same narration is transmitted with another chain; Imam Bukhari (may Allah have mercy on him) has narrated it with his chain, and all of its narrators are trustworthy and memorizers.

Sayyiduna Abu Hurairah (may Allah be pleased with him) narrates: I heard Sayyiduna Abu al-Qasim (peace and blessings be upon him) say: "Whoever falsely accuses his slave of adultery and does not repent from it, the prescribed punishment will be established upon that person on the Day of Resurrection."