Daraqutni

Sayyiduna Abu Hurairah (may Allah be pleased with him) narrates: Sayyiduna Abu al-Qasim (peace and blessings be upon him) said to me: "When a person falsely accuses his slave of adultery, and that slave is innocent of what he has been accused of, then on the Day of Resurrection, that person will be flogged as a prescribed punishment."

Amr bin Shu'aib narrates from his father, from his grandfather: The Prophet Muhammad (peace be upon him) said: "There is no retribution (qisas) for paralysis or lameness."

Amr bin Shu'aib narrates from his father, from his grandfather: The Prophet Muhammad (peace be upon him) said: "The blood money (diyah) of a woman will be equal to that of a man, until it reaches one third of the woman's blood money."

Sulaiman bin Buraidah narrates from his father: Ma'iz bin Malik came to the Prophet (peace be upon him) and said, "O Messenger of Allah! Purify me." The Prophet (peace be upon him) said, "Woe to you! Go back, seek forgiveness from Allah, and repent to Him." The narrator says: He went back, but after going a short distance, he returned and said, "O Messenger of Allah! Purify me." The Prophet (peace be upon him) said, "Woe to you! Go back, seek forgiveness from Allah, and repent to Him." The narrator says: He went back, but after going a short distance, he returned and said, "O Messenger of Allah! Purify me." The Prophet (peace be upon him) again said the same thing, until the fourth time, the Prophet (peace be upon him) asked him, "From what should I purify you?" He replied, "From adultery." The Prophet (peace be upon him) asked, "Is he insane?" He was informed: He is not insane. The Prophet (peace be upon him) asked, "Has he drunk wine?" So a man stood up and smelled him, but did not detect any smell of wine. The Prophet (peace be upon him) asked, "Are you married?" He replied, "Yes." So, by the order of the Prophet (peace be upon him), he was stoned to death. (The narrator says:) Regarding him, the people became two groups. One group said: Ma'iz was destroyed by his worst deed; his sin overwhelmed him. The other group said: Can there be any repentance better than the repentance of Ma'iz? He came to the Prophet (peace be upon him), placed his hand in the blessed hand of the Prophet (peace be upon him), and said: "You should have me killed by stoning." This situation continued for two or three days, then the Prophet (peace be upon him) came, and the people were sitting. The Prophet (peace be upon him) greeted them and sat down, then said: "Pray for forgiveness for Ma'iz bin Malik. May Allah forgive Ma'iz bin Malik." The Prophet (peace be upon him) said: "He has repented such a repentance that if it were distributed among a whole nation (or it could mean a group), it would suffice them all." The narrator says: Then a woman from the tribe of Ghamid, a branch of the tribe of Azd, came to the Prophet (peace be upon him) and said, "O Messenger of Allah! Purify me." The Prophet (peace be upon him) said, "Woe to you! Go back, seek forgiveness from Allah, and repent to Him." The woman said, "Do you want to send me back as you sent Ma'iz bin Malik back?" The Prophet (peace be upon him) said, "Why is that?" She informed him that she was pregnant as a result of adultery. The Prophet (peace be upon him) asked, "Are you married?" She replied, "Yes." The Prophet (peace be upon him) said, "Then we will not stone you until you give birth to what is in your womb." Then an Ansari man was appointed as her guardian, until she gave birth to the child. The Ansari came to the Prophet (peace be upon him) and informed him: The Ghamidi woman has given birth to the child. The Prophet (peace be upon him) said, "We cannot stone her yet, and we cannot leave her child without someone to nurse him." So an Ansari said, "O Messenger of Allah! The nursing of the child is my responsibility." Then the Prophet (peace be upon him) had the woman stoned to death. This hadith is authentic. Imam Muslim has narrated it from Abu Kuraib, from Yahya bin Ya'la, from his father, from Ghailan.

Abdul Jabbar bin Wa'il narrated from his father: In the blessed time of the Prophet (peace be upon him), a woman was raped, so the Prophet (peace be upon him) did not enforce the hadd punishment on that woman, but he did enforce the hadd punishment on the one who violated her. The narrator states: It is not mentioned in this that the Prophet (peace be upon him) made the woman receive a dowry.

Tawoos narrates: The Noble Prophet (peace and blessings be upon him) said: "Whoever is killed (the following words are in the next hadith)."

Tawoos narrates from Sayyiduna Ibn Abbas (may Allah be pleased with them both): The Noble Prophet (peace and blessings be upon him) said: "Whoever is killed by mistake, or is struck by an (unintentional) arrow, it will be considered accidental killing, and its blood money will be that of accidental killing. And whoever is killed intentionally, retaliation (qisas) will be obligatory for him. Whoever tries to obstruct this, upon him will be the curse of Allah, His angels, and all people."

Tawoos narrates from Sayyiduna Ibn Abbas (may Allah be pleased with them both): The Noble Prophet (peace and blessings be upon him) said: "Whoever is killed by mistake, or is killed by a stone, or is killed by a stick or staff, then his blood money will be the blood money for accidental killing. And whoever is killed intentionally, then there will be retribution (qisas) for him, and nothing will come between him and his killer. Whoever comes between that person and his killer, upon him will be the curse of Allah, His angels, and all people. None of his obligatory or voluntary acts of worship will be accepted."

Tawoos narrates from Sayyiduna Abu Hurairah (may Allah be pleased with him) that the Prophet Muhammad (peace and blessings be upon him) said: "If a person is killed by mistake, or is struck with a stone or a stick (and dies), then this is accidental killing, and its compensation will be the compensation for accidental killing. But if a person is killed intentionally, then there will be retribution (qisas). Whoever obstructs retribution, upon him is the curse of Allah, His angels, and all people." The narrator named Husain has transmitted these additional words: "Allah will not accept any obligatory or voluntary act of worship from him."

A similar narration is reported from Sayyiduna Abu Hurairah, may Allah be pleased with him; the narrator did not mention Hamzah in its chain. Some narrators have transmitted it from Tawus, from Sayyiduna Ibn Abbas, may Allah be pleased with them both.

Sayyiduna Abdullah bin Abbas (may Allah be pleased with them) narrates: The Noble Prophet (peace and blessings be upon him) said: "Retribution (qisas) will be taken for intentional murder, however, if the heir of the slain wishes, he may pardon (the killer)."

Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) narrates: The Noble Prophet (peace and blessings be upon him) said: "Whoever is killed unintentionally by a stone, stick, or staff, his blood money will be the blood money for accidental killing." This is similar to the narration of Hammad bin Zaid.

Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) narrates: The Noble Prophet (peace and blessings be upon him) said: "In intentional murder, there will be retribution (qisas), and in accidental killing, there will be blood money (diyah); there will be no retribution in it. Whoever is killed by mistake with a stone or a stick, his blood money will be aggravated (mughallazah), which will be in the form of camels of various ages."

Sayyiduna Abu Hurairah (may Allah be pleased with him) narrates this statement of the Noble Prophet (peace and blessings be upon him): "Whoever is killed by a stone (the narrator is in doubt, perhaps these are the words) or by a stick by mistake, his blood money will be the blood money for accidental killing, and whoever is killed intentionally, there will be retribution for him. Whoever becomes an obstacle in retribution, the curse of Allah will be upon him."

Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) narrates as a marfu’ hadith: (The Noble Prophet, peace and blessings be upon him, said:) “Whoever is killed by mistake, or is killed by being struck with a stone or a stick, then his blood money will be the blood money for accidental killing. And whoever is killed intentionally, then retribution (qisas) will be taken for him. Whoever obstructs this retribution, upon him is the curse of Allah, His angels, and all people. None of his obligatory or voluntary acts of worship will be accepted.”

Tawoos narrates: If during a fight, a person is killed by being struck with a stick, staff, or stone, his blood money (diyah) will be paid, and he will not be killed in retaliation, because it is not known who his killer is. I say: Have you not observed the decision of the Prophet Muhammad (peace be upon him) in the case of the two women from the tribe of Huzail? One of the two women struck the other with a stick and killed her, so the Prophet (peace be upon him) did not have the woman who killed executed in retaliation for the murdered woman, but instead, he ordered the payment of blood money for the murdered woman and for the child in her womb. This hadith has been narrated by the son of Tawoos from his father.

The son of Tawus narrates from his father: My father had a written document in which there were rulings regarding different types of blood money (diyah), which were conveyed to the Prophet Muhammad (peace be upon him) through revelation. Whatever decisions the Prophet Muhammad (peace be upon him) made regarding blood money and charity were all according to revelation. In that book, it was written regarding the Prophet Muhammad (peace be upon him): (He, peace be upon him, said:) "The blood money for accidental killing will be the blood money for unintentional killing, such as if someone is killed by a stone, stick, or staff, while the killer did not raise a weapon."

The son of Tawus narrates from his father: Whoever is killed by mistake with a stone or a stick, his blood money (diyah) will be aggravated (mughallazah).

Amr bin Shu'aib narrates from his father, from his grandfather: The Prophet Muhammad (peace be upon him) said: "The blood money for quasi-intentional killing (shibh al-'amd) is like the blood money for intentional killing ('amd), except that in the case of quasi-intentional killing, the killer will not be killed."

Sayyiduna Abu Shurayh Ka‘bi (may Allah be pleased with him) narrates: (The Prophet Muhammad, peace and blessings be upon him, said:) “The Prophet Muhammad, peace and blessings be upon him, has declared Makkah as a sanctuary. Anyone who believes in Allah and the Last Day should not shed blood in it nor cut its trees. If someone, making an excuse, says that it was made lawful for the Messenger of Allah, then Allah made it lawful for me only for a short period, and it was not made lawful for anyone else. It was made lawful for me only for a little while, then it will remain a sanctuary until the Day of Resurrection. O people of the Khuza‘ah tribe! You killed a man from the Hudhayl tribe; I will pay his blood money. After my statement, if anyone’s person is killed, they will have the choice of one of two things: either to accept blood money or to kill (the murderer in retaliation).”

The same narration is transmitted with another chain, however, in it are these words: "O people of the Khuza'ah tribe! You have killed a man from the Hudhail tribe, I will pay his blood money. After this, if anyone is killed, then the heirs of the slain will have the choice of one of two things: if they wish, they may kill (the murderer in retaliation), and if they wish, they may accept blood money."

Sayyiduna Abu Shurayh Khuza'i (may Allah be pleased with him) narrates: I heard the Noble Prophet (peace and blessings be upon him) saying: "Whoever is killed or suffers injury (the narrator says: by injury is meant lameness), then he has the choice of three things. If he seeks a fourth option, restrain his hand (i.e., do not allow it). (The three options are:) He may take retribution (qisas), or forgive, or accept blood money (diyah). If he chooses one of these options, but then seeks more after that, he will go to Hell, where he will remain forever."

Sayyiduna Abu Shurayh Khuza'i (may Allah be pleased with him) narrates: The Noble Prophet (peace and blessings be upon him) said: "The most detested person in the sight of Allah among His creation is the one who kills someone unjustly, and the one who seeks retaliation for the blood (shed) in the days of ignorance, and the one who claims to have seen in his sleep that which he did not see (i.e., narrates a false dream)."

Sayyiduna Abu Hurairah (may Allah be pleased with him) narrates: When the Prophet Muhammad (peace and blessings be upon him) conquered Makkah, he stood among the people to deliver a sermon. After praising and glorifying Allah, he said: “Indeed, Allah did not allow the elephants to enter Makkah, but He granted authority over it to His Messenger and the believers. It was not made lawful for anyone before me, and it has been made lawful for me only for a specific portion of the day, and after me, it will not be lawful for anyone. The game of this place is not to be chased away, its trees are not to be cut, and its fallen items are not to be picked up, except by one who announces it. If someone’s relative is killed, he has the choice of two things: either he is paid blood money, or (as retribution) the killer is killed.” Then Sayyiduna Abbas (may Allah be pleased with him) stood up and said: “O Messenger of Allah! Allow us to cut the idhkhir (a type of grass), for we use it in our houses and graves.” The Prophet Muhammad (peace and blessings be upon him) said: “Idhkhir is allowed.” A man named Abu Shah, who was from Yemen, said: “O Messenger of Allah! Write this down for me.” The Prophet Muhammad (peace and blessings be upon him) said: “Write it down for Abu Shah.” The narrator named Walid says: I asked Imam Awza’i: What is meant by his statement, ‘Write this down for me’? He replied: It means the sermon which he had heard from the Prophet Muhammad (peace and blessings be upon him).

The same narration is also transmitted from Imam Awza'i with another chain of transmission.

Sayyiduna Abu Hurairah (may Allah be pleased with him) narrates: In the year of the conquest of Makkah, the people of the Khuza’ah tribe killed a man from the Banu Layth in retaliation for one of their own who had been killed. This was reported to the Prophet (peace and blessings be upon him), so he mounted his ride and delivered a sermon, saying: “Allah Almighty did not allow the elephants to enter Makkah, but He granted His Messenger and the believers authority over it. Be aware! It was not made lawful for anyone before me, and it will not be made lawful for anyone after me. Be aware! It was made lawful for me only for a specific part of the day, and now it is a sanctuary. Its thorns must not be broken, its trees must not be cut, and its fallen items must not be picked up, except by one who announces it. If someone’s relative is killed, he has a choice between two things: either (the killer is killed in retaliation) or the blood money is paid to the heirs of the slain.” (The narrator says:) A man from Yemen came and said, “O Messenger of Allah! Write this down for me.” So the Prophet said, “Write it down for Abu so-and-so.” A man from the Quraysh said, “O Messenger of Allah! Allow us to cut the idhkhir (a type of grass), for we use it in our houses and graves.” The Prophet (peace and blessings be upon him) said, “Idhkhir is allowed.”

Malik al-Ashtar narrates: I presented myself before Sayyiduna Ali (may Allah be pleased with him). I said: "O Commander of the Faithful! When we left your presence, we heard some things. Did the Noble Prophet (peace and blessings be upon him) give you anything special besides the Qur'an?" Sayyiduna Ali (may Allah be pleased with him) replied: "No, only this scroll which is in the hilt of my sword." Then Sayyiduna Ali (may Allah be pleased with him) called for the slave girl, and she brought the scroll. (It was written in it that the Noble Prophet, peace and blessings be upon him, said): "Indeed, Sayyiduna Ibrahim (peace be upon him) declared Makkah a sanctuary, and I declare Madinah a sanctuary, between its two stony tracts. Its thorn is not to be broken, its game is not to be chased away. Whoever introduces an innovation here or gives refuge to an innovator, upon him is the curse of Allah, His angels, and all people. All the believers, compared to others, are like one hand; their blood is equally important, the protection given by any common person among them will be accepted, and no Muslim can be killed in retaliation for a disbeliever."

Abu Hujayfah narrated from Sayyiduna Ali, may Allah be pleased with him, something similar; its wording is somewhat different, however, the meaning is the same.

Musa bin Ali narrates: I heard my father say, during the caliphate of Sayyiduna Umar (may Allah be pleased with him), at the time of Hajj, a man was reciting loudly (these verses): "O people! A strange situation has come before me, should a blind person pay the blood money of a sighted person, when both of them fell together and both were injured?" The situation was such that a sighted person was taking the blind person along with him, both of them fell into a well, and the blind person fell on top of the sighted person, as a result of which the sighted person died. So Sayyiduna Umar (may Allah be pleased with him) gave this verdict: the blind person will pay the blood money of the sighted person.

Sayyiduna Sahl bin Sa’d (may Allah be pleased with him) narrates: A man came to the Prophet (peace and blessings of Allah be upon him) and said, “O Messenger of Allah! He has committed adultery with such-and-such woman.” He also mentioned the name of the woman. The Prophet (peace and blessings of Allah be upon him) sent a man to that woman, who inquired from her about (this accusation). The woman denied it, so the Prophet (peace and blessings of Allah be upon him) had the man stoned and left the woman (i.e., did not punish her).

Sayyiduna Sahl bin Sa’d (may Allah be pleased with him) narrates: In the blessed era of the Prophet (peace and blessings of Allah be upon him), a girl became pregnant as a result of adultery. She was asked, “Who made you pregnant?” She replied, “Al-Maq’ad (so-and-so) made me pregnant.” That person was questioned about this, and he confessed to his crime. The Prophet (peace and blessings of Allah be upon him) said: “He will not be able to bear the lashes.” So, by the order of the Prophet (peace and blessings of Allah be upon him), one hundred twigs were taken and with them, a single blow was struck on that person. The narrator has reported it in this way, but the correct version is that it is transmitted from Abu Hazim, from Sayyiduna Abu Umamah bin Sahl (may Allah be pleased with him), from the Prophet (peace and blessings of Allah be upon him).

Sayyiduna Abu Umamah bin Sahl (may Allah be pleased with him) narrates from Sayyiduna Abu Sa'id Khudri (may Allah be pleased with him): A man named Maq'ad used to live near the house of Sayyiduna Sa'd (may Allah be pleased with him). He committed adultery with a woman. When he was questioned about this, he confessed to his crime. So, by the order of the Noble Prophet (peace and blessings be upon him), he was beaten with palm branches. Imam Daraqutni says: (In this narration, the word "akthal" is used), but the correct word is "athkal" (meaning palm branches).

Sayyiduna Abu Umamah (may Allah be pleased with him) narrates from Sayyiduna Abu Sa'id Khudri (may Allah be pleased with him): A man named Maq'ad had a somewhat protruding belly, and he lived near the house of Umm Sa'd. A girl became pregnant, and when she was questioned about it, she said that she had become pregnant by him (the man named Maq'ad). That man also confessed, so, by the order of the Noble Prophet (peace and blessings be upon him), he was punished with date palm branches.

Sayyiduna Abu Umamah bin Sahl (may Allah be pleased with him) narrates from his father: A slave woman from Banu Sa'idah became pregnant as a result of adultery. When she gave birth to the child, she was asked, "Whose child is this?" She replied, "So-and-so's." He (the accused) was a weak and frail man, and due to his weakness, his skin was like that of a snake. He was asked about this matter, and he said, "She has spoken the truth; the child is mine." This matter was presented before the Noble Prophet (peace and blessings be upon him), and the Prophet (peace and blessings be upon him) was informed about his condition that he could not be beaten. So the Noble Prophet (peace and blessings be upon him) said, "Take for him branches with a hundred twigs and strike him once with them." So the people did as instructed.

Sayyiduna Imran bin Husain (may Allah be pleased with him) narrates: A woman came to the service of the Prophet (peace and blessings be upon him) who had become pregnant as a result of adultery. She said, "O Messenger of Allah! I have committed a crime deserving of the prescribed punishment, so carry out the punishment upon me." The Prophet (peace and blessings be upon him) called her guardian and instructed, "Take care of her, and when she gives birth to the child, bring her to me." That person did as instructed. By the order of the Prophet (peace and blessings be upon him), her clothes were tightly fastened around her body, then she was stoned to death. Then the Prophet (peace and blessings be upon him) performed her funeral prayer. It was submitted to him, "First you stoned her, and then you performed her funeral prayer?" The Prophet (peace and blessings be upon him) said, "By Him in Whose hand is my soul, this woman has repented such a repentance that if seventy sinners were to repent, it would be sufficient for them. Can you find anyone superior to her, who sacrificed herself in obedience to Allah's command?"

This narration is also transmitted with another chain, however, in it the words are: Sayyiduna Umar (may Allah be pleased with him) submitted to you: "You stoned him (and now you are also performing his funeral prayer)?" So the Noble Prophet (peace and blessings be upon him) said: "If all the people of Madinah were to repent like him, it would be sufficient for all of them. Can you find anyone better than the one who gives his life for the sake of Allah?"

Sayyiduna Imran bin Husain (may Allah be pleased with him) narrates: A woman belonging to the Juhaina tribe came to the service of the Prophet (peace and blessings be upon him) (after that, he narrated the hadith as previously mentioned).

Sayyiduna Abu Hurairah (may Allah be pleased with him) narrates: A thief who had stolen a sheet was brought to the Prophet (peace and blessings of Allah be upon him). The people said, "O Messenger of Allah! He has committed theft." The Prophet (peace and blessings of Allah be upon him) said, "Has he really committed theft?" The thief said, "O Messenger of Allah! Yes." The Prophet (peace and blessings of Allah be upon him) said, "Take him away and cut off his hand, then cauterize it (so that the bleeding stops), then bring him back to me." His hand was cut off and he was brought to the Prophet (peace and blessings of Allah be upon him), so he said, "Repent to Allah." He said, "I repent to Allah." The Prophet (peace and blessings of Allah be upon him) said, "Allah has accepted your repentance."

Muhammad bin Abdur Rahman narrates: A thief who had stolen a sheet was brought to the Prophet (peace be upon him). The Prophet (peace be upon him) said, "Did you really steal?" He replied, "Yes." The Prophet (peace be upon him) said, "Cut off his hand, then cauterize it." The people cut off his hand, then cauterized it. The Prophet (peace be upon him) said to him, "Repent." He said, "I repent to Allah." The Prophet (peace be upon him) prayed, "O Allah! Accept his repentance."

Muhammad bin Abdur Rahman narrated from Sayyiduna Abu Hurairah, may Allah be pleased with him, from the Prophet, peace and blessings be upon him, a narration similar to this.