Daraqutni

Sayyiduna Mughira bin Shu’bah (may Allah be pleased with him) narrates: A man from the tribe of Huzail had two wives. One of them struck the other with a stone, or perhaps with a tent pole, causing the loss of the child in her womb. This case was brought before the Prophet (peace and blessings be upon him), and he ordered the payment of blood money (compensation) for it. The guardian of the (woman who caused the harm) said: “Shall we pay blood money for one who neither cried out nor drank anything nor ate anything?” or he said words to that effect. The Prophet (peace and blessings be upon him) said: “Are you speaking in the rhymed prose of the desert dwellers?” The narrator says: The Prophet (peace and blessings be upon him) made the payment of blood money obligatory upon the relatives of that woman.

Sayyiduna Ibn Abbas (may Allah be pleased with them both) narrates: (In Madinah Munawwarah) there were two tribes, Banu Qurayzah and Banu Nadir. Banu Nadir were considered more honorable than Banu Qurayzah. When a person from Banu Nadir killed someone from Banu Qurayzah, they would pay one hundred wasq of dates as blood money. But when a person from Banu Qurayzah killed someone from Banu Nadir, no blood money was taken; rather, retribution (qisas) was carried out. When the Prophet Muhammad (peace and blessings be upon him) was sent, that is, when he arrived in Madinah Munawwarah, a man from Banu Nadir killed a man from Banu Qurayzah. Banu Qurayzah said: Hand him over to us so that we may also kill him (in retribution). But they said: The Prophet Muhammad (peace and blessings be upon him) is between us and you; he will decide. They came to the Prophet Muhammad (peace and blessings be upon him), and regarding this, the following verse was revealed: "When you judge between them, judge with justice; a life for a life." Do they seek the judgment of the time of ignorance?

Sayyiduna Ibn Abbas (may Allah be pleased with them both) narrates: The Noble Prophet (peace and blessings be upon him) gave the verdict regarding the mukatab (contracted slave): "Whatever portion he has paid from the contract, his blood money (diyah) will be according to that portion of a free man’s diyah, and whatever payment remains upon him, his diyah will be according to that portion of a slave’s diyah."

Sayyiduna Ibn Abbas (may Allah be pleased with them both) narrates this statement of the Noble Prophet (peace and blessings be upon him): "The blood money (diyah) of a mukatab (a slave with a contract of manumission) will be according to the proportion of his freedom; for the part that is free, his diyah will be that of a free man, and for the part that is still a slave, his diyah will be that of a slave."

Sayyiduna Ibn Abbas (may Allah be pleased with them both) says: Among the Children of Israel, the law of retribution (qisas) was prescribed, and there was no law of blood money (diyah) among them. So Allah said to this Ummah: "Retribution has been prescribed for you regarding those killed: the free for the free, the slave for the slave, the woman for the woman, and if someone is pardoned by his brother..." Here, pardon means that the other person agrees to accept blood money in a case of intentional murder. Allah Almighty says: "This is a concession from your Lord." That is, this is a concession compared to the law that was imposed on those before you. So Allah Almighty has granted you a concession in this regard. This concession has come to you from your Lord. You may accept blood money in a case of intentional murder. (He said) So follow it in a good manner, that is, pursue it in a proper way and pay it with kindness.

Sayyiduna Abu Hurairah (may Allah be pleased with him) narrates: The Noble Prophet (peace and blessings be upon him) said: "When a person looks into someone’s house without permission and the (owner of the house) strikes something into that person’s eye and blinds it, there will be no blood money or retribution for it."

Sayyiduna Ali (may Allah be pleased with him) said: "The hand will be cut off for (theft of) an item worth ten dirhams, and the dowry will not be less than ten dirhams."

Muawiyah bin Qurrah narrates from his father: The Prophet Muhammad (peace be upon him) sent a man to a person who had married his father's wife, in order to have his neck struck.

Sayyiduna Ali (may Allah be pleased with him) said: "A woman who becomes an apostate will be given respite and she will not be killed." The narrations that the narrator named Khallas has transmitted from Sayyiduna Ali (may Allah be pleased with him) cannot be presented as evidence, because that narrator is weak.

Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) said regarding a woman who becomes an apostate: "She will be kept alive."

Ibn Abi Khaythamah narrates: Yahya ibn Ma'in says: Sufyan al-Thawri used to object to Imam Abu Hanifa because of a hadith which Imam Abu Hanifa narrated from Asim from Abu Razin, and no one except Imam Abu Hanifa has narrated it.

Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) said regarding a woman who becomes an apostate: "She will be imprisoned and will not be killed."

Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) said: "When women become apostates, they are not to be killed."

Abdullah bin Abbas (may Allah be pleased with them both) regarding a woman who becomes an apostate, said: "She will be kept alive." Abu Asim said: Imam Abu Hanifa narrated this report from Asim, but I did not record it. I said: This narration has already been related to us from Sufyan, and that is sufficient for us. Abu Asim said: Our opinion is that Sufyan al-Thawri committed tadlis (concealment) from Imam Abu Hanifa regarding her being killed, so I recorded it from both of them.

Sayyiduna Zayd bin Thabit (may Allah be pleased with him) said: “For damiyah, the payment of one camel will be obligatory; for badi’ah, the payment of two camels will be obligatory; for mutalahimah, the payment of three camels will be obligatory; for samhaq, the payment of four camels will be obligatory; for mudhihah, the payment of five camels will be obligatory; for hashimah, the payment of ten camels will be obligatory; for munqilah, the payment of fifteen camels will be obligatory; for ma’mumah, the payment of one third of the full blood money will be obligatory. When, as a result of striking a person, his intellect departs, then the full blood money will be obligatory; when, as a result of striking a person, his condition becomes such that he makes a sound from his nose and speaks in such a way that his speech is not understood, then the full blood money will be obligatory. If (as a result of this blow) he coughs (or hiccups) and speaks in such a way that his speech is not understood, then in this case also the full blood money will be obligatory. In the case of injuring the eyelid, one fourth of the blood money will be obligatory. In the case of injuring the tip of the breast, one fourth of the blood money will be obligatory.”

Abdur Rahman bin Harmalah narrates: He heard a member of the Juzam tribe stating, who reported from a man of his tribe named 'Adi: Sayyiduna 'Adi (may Allah be pleased with him) struck his wife with a stone, as a result of which the woman died. Sayyiduna 'Adi (may Allah be pleased with him) went behind the Prophet (peace and blessings be upon him) to Tabuk and informed him about this matter. The Prophet (peace and blessings be upon him) said to him: "You will pay the blood money for that woman and you will not inherit from her."

Urwah reports: When Marwan bin Hakam was the governor of Madinah Munawwarah, a man was brought before him who used to abduct children and sell them elsewhere. Marwan consulted people about this man, so Urwah bin Zubair narrated from Sayyidah Aisha (may Allah be pleased with her) that a similar man was brought before the Prophet Muhammad (peace be upon him), who used to abduct children and sell them elsewhere. By the order of the Prophet (peace be upon him), his hand was cut off. Regarding the one who stole children, Marwan also gave the same order and that man's hand was also cut off. Abdullah bin Muhammad is unique in narrating this report from Hisham, and he has made many mistakes in narrating from Hisham; he is considered unreliable in hadith.

Saeed bin Musayyib narrates: A man was killed in (the city of Yemen) Sana'a, so Sayyiduna Umar (may Allah be pleased with him) had seven people who participated in the killing executed in retaliation, and said: "If all the people of Sana'a had participated in the killing of this man, I would have had all of them killed in retaliation for him."

Ubaidullah bin Umairah narrates: There was a man from Sana'a who used to return home before everyone else every year. One day, when he returned home, he found seven men drinking wine with his slave-girl (or wife). The seven of them caught him, killed him, and threw him into a well. When the next person arrived and inquired about the first man, they told him that he had already left. Then the (later arriving) person went to relieve himself and saw some flies coming and going from the millstone of the well, from which he guessed that there was flesh inside. He lifted the millstone and called the family members of the (murdered) man and informed them about it. Sayyiduna Umar (may Allah be pleased with him) wrote to him: "Behead all of them and kill the woman along with them. If all the people of Sana'a had participated in his murder, I would have had all of them killed."

Sayyiduna Safwan bin Umayyah (may Allah be pleased with him) narrates: I was sleeping in the mosque on my cloak, the price of which was thirty dirhams. A man came and took it from beneath me (and tried to steal it). He was caught and brought before the Prophet (peace and blessings of Allah be upon him). The Prophet (peace and blessings of Allah be upon him) ordered that his hand be cut off. I came to the Prophet (peace and blessings of Allah be upon him) and said: "Will you cut off his hand because of thirty dirhams? I sell it to him and make its price a debt (i.e., I will take it later)?" The Prophet (peace and blessings of Allah be upon him) said: "Why did you not do this before bringing him to me?"

Amr bin Shu'aib narrates from his father, from his grandfather: Sayyiduna Safwan bin Umayyah (may Allah be pleased with him) was sleeping in the mosque, and his cloak was under his head. A thief came and took the cloak away. Then the thief was brought to the Prophet Muhammad (peace and blessings be upon him), and he confessed to the crime. So the Prophet (peace and blessings be upon him) ordered that his hand be cut off. Sayyiduna Safwan said: "O Messenger of Allah! Will the hand of an Arab be cut off because of my garment?" The Prophet (peace and blessings be upon him) said: "Why did you not think of this before bringing him to me?" Then the Prophet (peace and blessings be upon him) said: "Intercede to forgive the offender as long as the matter has not reached the ruler or judge. When it reaches the ruler and the ruler forgives him, then Allah will not forgive that ruler." Then the Prophet (peace and blessings be upon him) ordered that his hand be cut off from the wrist.

Hisham bin Urwah narrates from his father: Sayyiduna Zubair interceded on behalf of a thief, so someone said: "First let this case be presented before the judge, then you may intercede." So Sayyiduna Zubair said: "When it has reached the judge, then may Allah curse the one who intercedes and the one for whom intercession is made (i.e., the one who accepts it), just as the Messenger of Allah (peace and blessings be upon him) has said."

Faraafsa Hanafi narrates: Some people were passing by with a thief along with them, near Sayyiduna Zubair (may Allah be pleased with him). Sayyiduna Zubair (may Allah be pleased with him) told them to let him go. So those people said: "O Abu Abdullah! Are you interceding for a thief?" He replied: "There is no harm in it, as long as the matter has not been presented before the judge. When it is presented before the judge, then Allah will not forgive him, even if the judge forgives him."

Sayyiduna Ibn Abbas (may Allah be pleased with them both) narrates: Sayyiduna Safwan bin Umayyah (may Allah be pleased with him) brought a man to the service of the Prophet (peace and blessings be upon him) who had stolen his cloak. (The Prophet, peace be upon him, gave the verdict of punishment.) So he said: "O Messenger of Allah! Count it (the cloak) as a gift from me to him (and do not give this punishment)." The Prophet (peace and blessings be upon him) said: "Why did you not do this before bringing him to us?"

Husayn bin Mundhir narrates: I was present with Sayyiduna Uthman Ghani (may Allah be pleased with him) when Walid bin Uqbah was brought before him. Humran and another person testified against Walid; one of them said: "He saw Walid drinking wine," and the other said: "He saw Walid vomiting (after drinking wine)." So Sayyiduna Uthman (may Allah be pleased with him) said: "He would only vomit if he had drunk wine." Sayyiduna Uthman (may Allah be pleased with him) said to Sayyiduna Ali (may Allah be pleased with him): "You carry out the hadd (punishment) on him." Sayyiduna Ali (may Allah be pleased with him) said to Sayyiduna Hasan (may Allah be pleased with him): "You carry out the hadd on him." So Sayyiduna Hasan (may Allah be pleased with him) said: "Let the one who is responsible for this task do it." They said to Abdullah bin Ja'far: "You carry out the hadd on him." Abdullah bin Ja'far took the whip and began to lash him, and Sayyiduna Ali (may Allah be pleased with him) kept count; when forty lashes were completed, Sayyiduna Ali (may Allah be pleased with him) said: "Now stop." Because the Noble Prophet (peace and blessings be upon him) had administered forty lashes (to one who drank wine). The narrator named Abdul Aziz has transmitted these words in his narration: "Sayyiduna Abu Bakr (may Allah be pleased with him) and Sayyiduna Umar (may Allah be pleased with him) administered eighty lashes; each of them is a Sunnah (i.e., permissible to act upon), but I prefer (the punishment of) forty lashes."

Nafi' narrates: A slave of Sayyiduna Ibn Umar (may Allah be pleased with them both) ran away. He passed by some slaves of Sayyidah Aisha (may Allah be pleased with her), and he stole a bag from those slaves which contained dates. Then he rode on the slaves' donkey and escaped. Later, he was caught and brought to Sayyiduna Abdullah bin Umar. So, Sayyiduna Abdullah bin Umar sent him to Sa'id bin al-As, who was the governor of Madinah at that time. Sa'id said: "I will not cut off the hand of a runaway slave." Then Sayyidah Aisha (may Allah be pleased with her) sent a message to (Ibn Umar, may Allah be pleased with them both): "My slaves are also your slaves. That slave was hungry (that is why he stole the bag of dates), and he rode the donkey to escape from there, so do not cut off his hand." But Sayyiduna Abdullah bin Umar (may Allah be pleased with them both) had his hand cut off.

Amr bin Shu'aib narrates from his father, from his grandfather: On the occasion of the conquest of Makkah, the Prophet Muhammad (peace be upon him) said in his sermon: "The compensation for a wound that exposes the bone (muwaddiha) will be five camels each."

Sayyidah Aisha (may Allah be pleased with her) narrates: The Noble Prophet (peace and blessings be upon him) said: “(In social matters) overlook the shortcomings of people of status, except in the case of legal punishments (hudud), for the ruling regarding them is different (the prescribed punishment will be carried out).”

Sayyiduna Abu Burdah bin Niyar (may Allah be pleased with him) narrates: I heard the Noble Prophet (peace and blessings be upon him) say: "More than ten lashes should only be given in the prescribed punishments (hudud)."

Ibn Muhairiz narrates: I asked Fadala bin Ubaid, "What is your opinion about hanging (the severed hand) around the neck of a thief? Is this Sunnah?" He replied, "Yes, a thief was brought to the Prophet Muhammad (peace be upon him), and by his order, his hand was cut off, then by his order, that hand was hung around his neck."

Hamzah bin Abdullah narrates from his father: Sayyiduna Umar bin Khattab (may Allah be pleased with him) used to administer lashes as a ta'zir (disciplinary punishment) for making insinuations (of adultery).

Sayyiduna Abdullah bin Umar (may Allah be pleased with them both) narrates: Sayyiduna Umar bin Khattab used to implement the full hadd (punishment) for insinuation (of adultery) as an allusion.

Muawiyah bin Qurrah narrates: A man said to another man, "O son of a woman who sniffs men's private parts (i.e., a woman who commits adultery)!" So Sayyiduna Uthman (may Allah be pleased with him) seized him. He said, "By this, I meant such and such." So, by the order of Sayyiduna Uthman, he was given lashes.

Umrah narrates: There was an exchange of insults between two men, so one of them said: "My mother was not an adulteress, nor was my father an adulterer." Sayyiduna Umar (may Allah be pleased with him) consulted the people about this, and they said: "This person has praised his father and mother (that they were not adulterers)." So Sayyiduna Umar (may Allah be pleased with him) said: "There were other virtues in both of them for praise." Then Sayyiduna Umar (may Allah be pleased with him) had that person flogged.

Abu Bakr bin Muhammad narrates: When the Prophet Muhammad (peace be upon him) sent our master Amr bin Hazm (may Allah be pleased with him) to Najran, it was written in his letter: "The blood money for each tooth will be five camels, the blood money for all fingers will be ten camels each, the blood money for the ear will be fifty camels, the blood money for the eye will be fifty camels, the blood money for the foot will be fifty camels, if the nose is cut off from the root (i.e., the entire nose), then there will be full blood money for it, for a mamoomah wound one third of the full blood money will be given, and for a jaifah wound one third of the full blood money will be given."

Abu Bakr bin Muhammad narrates from his father, from his grandfather: When the Prophet (peace and blessings of Allah be upon him) sent him to Yemen, he wrote to him in a letter: "When the nose is cut off from the bone, full blood money (diyah) is obligatory for it; for the eye (if lost), half blood money is obligatory; for the foot, half blood money is obligatory; for a wound reaching the body cavity (jaifah), one third blood money is obligatory; for a wound reaching the membrane of the brain (mamumah), one third blood money is obligatory; for a wound with a displaced bone (munqilah), the payment of fifteen camels is obligatory; for a wound exposing the bone (mudiha), the payment of fifteen camels is obligatory; from here to there (for each of the fingers), the blood money for each is ten camels."

Abdullah bin Abu Bakr narrates from his father, from his grandfather: The Prophet Muhammad (peace be upon him) wrote for them (dictated a letter): "For a wound that exposes the bone (muwaddiha), the payment is five camels; for a wound that reaches the membrane (māmuumah), one-third of the full blood money is due; for a wound that reaches the brain (munqilah), the payment is fifteen camels; for an eye, the payment is fifty camels; if the nose is completely cut off, the full blood money is due; for a tooth, the payment is five camels; for a foot, fifty camels; for each finger of the hand and foot, the payment is ten camels each."

Amr bin Shu'aib narrates from his father, from his grandfather: The Prophet Muhammad (peace be upon him) ruled that for wounds exposing the bone (muwaddiha), the compensation is five camels each; for teeth, the compensation is five camels each; and for each finger, the compensation is ten camels.

Sayyiduna Abu Musa Ash'ari (may Allah be pleased with him) narrates: The Noble Prophet (peace and blessings be upon him) gave the verdict of paying ten each as blood money for the fingers. The narrator named Nadr has transmitted these words in his narration: The Noble Prophet (peace and blessings be upon him) gave the verdict of paying ten camels each for the fingers. Sa'id has transmitted similarly from Humayd on the authority of Ghalib. Shu'bah narrated differently from Isma'il, 'Ali, and Khalid; they narrated from Ghalib, from Masruq, from Sayyiduna Abu Musa Ash'ari (may Allah be pleased with him), from the Noble Prophet (peace and blessings be upon him), and they did not mention the narrator named Humayd. Shu'bah mentioned in it that Ghalib heard hadiths from Masruq.

Sayyiduna Abu Musa Ash'ari (may Allah be pleased with him) narrates: The Noble Prophet (peace and blessings be upon him) said: "All fingers have equal status." The narrator named Shu'bah states: I asked, "(Is the blood money for each of them) ten camels each?" He replied: "Yes." Abu Nu'aym, 'Affan, Muslim, and other narrators have transmitted it in this manner. Waki', Wahb bin Jarir, and Abu Nazr have narrated from Shu'bah, and they are uncertain about the name of one narrator; his name is either Masruq bin Aws or Aws bin Masruq.