Daraqutni

Sayyiduna Abu Hurairah (may Allah be pleased with him) narrates: The Noble Prophet (peace and blessings be upon him) prescribed as compensation for a fetus lost in the womb the payment of a slave, or a slave-girl, or a horse, or a mule. One of the people against whom the Prophet (peace and blessings be upon him) had given the verdict said: "Should I pay compensation for one who has neither eaten nor drunk, has not uttered a sound, nor cried? Such blood is wasted." The Noble Prophet (peace and blessings be upon him) said: "He is speaking like poets. In this matter, a slave, or a slave-girl, or a horse, or a mule must be paid as compensation."

Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) narrates: Sayyiduna Umar bin Khattab (may Allah be pleased with him) asked the people: “What decision did the Prophet (peace and blessings be upon him) give regarding the (loss of) a child in the womb?” Then Sayyiduna Haml bin Malik bin Nabighah Ansari stood up and informed: “I had two wives, one of them struck the other with a piece of wood, she struck her on the head with that wood, as a result the other woman and the child in her womb died. So the Prophet (peace and blessings be upon him) ruled regarding the child in the womb that as compensation, a slave man or slave woman should be given, and in exchange for the woman, the (murdering) woman should be killed.” In another narration, these words are mentioned: Sayyiduna Umar bin Khattab (may Allah be pleased with him) asked the people: “What decision did the Prophet (peace and blessings be upon him) give regarding the (loss of) a child in the womb?” Then Sayyiduna Haml bin Malik bin Nabighah Ansari stood up and informed: “I had two wives, one of them struck the other with a piece of wood, she struck her on the head with that wood, as a result the other woman and the child in her womb died. So the Prophet (peace and blessings be upon him) ruled regarding the child in the womb that as compensation, a slave man or slave woman should be given, and in exchange for the woman, the (murdering) woman should be killed.” The narrator named Ibn Junaid has narrated these words: “Hamlah bin Malik or perhaps Haml bin Malik stood up (i.e., the narrator is unsure about the name).”

Abdullah bin Abbas (may Allah be pleased with them both) narrates: He was present at the time when the Prophet Muhammad (peace be upon him) gave a verdict regarding this matter. Haml bin Nabighah Ansari came and reported: "There was a fight between two women, one of them struck the other with a stick, killing both the woman and the child in her womb. The Prophet Muhammad (peace be upon him) ruled that blood money should be paid for the child in the womb, and that the killer should be killed in retaliation for the murdered woman." The narrator (Ibn Jurayj) states: I asked Amr bin Dinar, the son of Tawus did not narrate this to me from his father in this way, so Amr bin Dinar said: "You have made me doubtful."

Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) narrates: Sayyiduna Umar (may Allah be pleased with him) stood on the pulpit and said: "I ask, for Allah’s sake, anyone who has heard the decision of the Prophet (peace and blessings be upon him) regarding the child in the womb (being killed), to inform me." So Sayyiduna Haml bin Malik bin Nabigha al-Hudhali stood up and said: "O Commander of the Believers! I was between two women (i.e., two wives), one of whom struck the other with a piece of wood, killing both the woman and the child in her womb. The Prophet (peace and blessings be upon him) ruled that the compensation (diyah) for the child in the womb is the payment of a male or female slave." So Sayyiduna Umar (may Allah be pleased with him) said: "Allahu Akbar! Had we not heard this hadith, we would have given a different ruling."

The son of Tawus narrates from his father: Sayyiduna Umar (may Allah be pleased with him) sought consultation (then the hadith continues as previously mentioned, in which these words are found:) The Noble Prophet (peace and blessings be upon him) ordered the payment of blood money for the woman, and as compensation for the child in the womb, he ordered the payment of a slave, a slave-girl, or a horse.

Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) narrates: The Noble Prophet (peace and blessings be upon him) said: "When a woman becomes an apostate, she should not be killed." The narrator of this narration, Abdullah bin Isa, is a liar; he has transmitted fabricated narrations from Affan and other narrators. There is no authentic narration from the Noble Prophet (peace and blessings be upon him) regarding this matter, and Shu’bah also did not narrate it.

Sayyiduna Ibn Abbas (may Allah be pleased with them both) used to say regarding a woman who becomes an apostate: "She will be imprisoned, she will not be killed."

Sayyiduna Ibn Abbas (may Allah be pleased with them both) said: "A woman who apostatizes from Islam will be imprisoned; she will not be killed."

Lady Aisha (may Allah be pleased with her) narrates: On the occasion of the Battle of Uhud, a woman became apostate, so the Prophet Muhammad (peace be upon him) ordered that "she should be asked to repent; if she repents, then fine, otherwise she will be killed."

Sayyiduna Jabir (may Allah be pleased with him) narrates: A woman, whose name was Umm Marwan, apostatized from Islam, so the Noble Prophet (peace and blessings be upon him) ordered: "Islam should be presented to her; if she accepts Islam again, then fine, otherwise she will be killed."

This narration is also transmitted with another chain of transmission.

Sayyiduna Jabir (may Allah be pleased with him) narrates: The Noble Prophet (peace and blessings be upon him) said regarding a woman who leaves Islam and becomes an apostate: "She should be killed."

Sayyiduna Jabir bin Abdullah (may Allah be pleased with them both) narrates: A woman apostatized from Islam, so the Prophet (peace and blessings be upon him) ordered: "Present Islam to her; if she accepts Islam, then fine, otherwise she should be killed." Islam was presented to that woman, but she refused to accept Islam, so she was killed.

Regarding a woman who adopts disbelief after accepting Islam, Zuhri says: "She will be asked to repent; if she repents, then fine, otherwise she will be killed."

Ibrahim al-Nakha'i said regarding a woman who becomes an apostate: "She will be asked to repent; if she repents, then fine, otherwise she will be killed."

Ibrahim al-Nakha'i said: "If the woman accepts Islam, then fine, otherwise she will be killed."

Sayyiduna Ali (may Allah be pleased with him) said: "Every apostate who does not accept Islam again shall be killed, whether male or female."

Sayyiduna Abdullah bin Mas'ud (may Allah be pleased with him), Sayyiduna Mu'adh bin Jabal (may Allah be pleased with him), and Sayyiduna Uqbah bin Amir al-Juhani (may Allah be pleased with him) say: "When the matter of (prescribing) a hadd punishment becomes doubtful before you, then as much as possible, avert the hadd (i.e., refrain from carrying it out)."

Yahya bin Abdur Rahman narrates from his grandfather: On the occasion of the Battle of Khaybar, roasted meat of a goat was presented to the Prophet Muhammad (peace be upon him), in which poison had been mixed. This meat was presented as a gift by a Jewish woman. The Prophet (peace be upon him) ate some of it, and with him, Sayyiduna Bishr bin Bara’ (may Allah be pleased with him) also ate it. Both of them became severely ill, and then Sayyiduna Bishr (may Allah be pleased with him) passed away. When he passed away, the Prophet (peace be upon him) called for that Jewish woman. She was brought, and the Prophet (peace be upon him) said: “Woe to you, what have you fed us?” She replied: “I gave you poison. I thought, if you are truly the Prophet (peace be upon him), it will not harm you, because Allah will fulfill His decision regarding you (i.e., you will remain alive until Islam prevails), and if you are not the Prophet (peace be upon him), then I wish to rid the people of you.” So, by the order of the Prophet (peace be upon him), she was crucified.

Sayyiduna Ibn Abbas (may Allah be pleased with them both) narrates: The Prophet (peace and blessings be upon him) said to Sayyiduna Ma'iz (may Allah be pleased with him): "Perhaps you only touched (her)?" He replied: "No." The Prophet (peace and blessings be upon him) said: "Did you (actually commit adultery)?" He replied: "Yes." The narrator states: After that, the Prophet (peace and blessings be upon him) ordered that he be stoned.

Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) narrates: When Sayyiduna Ma'iz bin Malik (may Allah be pleased with him) came to the service of the Noble Prophet (peace and blessings be upon him) and confessed to adultery before him, the Noble Prophet (peace and blessings be upon him) said to Ma'iz: "It is possible that you only kissed, or only touched?" He replied: "No." The Noble Prophet (peace and blessings be upon him) said: "Is it so (i.e., did you actually commit adultery)?" He replied: "Yes." So, under the order of the Noble Prophet (peace and blessings be upon him), he was stoned to death. The narrator named Ibn Sinan has reported these words: "Perhaps you kissed, you touched with your hand, or you looked?" He replied: "No." The narrator states: The Noble Prophet (peace and blessings be upon him) asked him: "Did you do this (i.e., adultery)?" (The narrator states:) The Noble Prophet (peace and blessings be upon him) did not use any indirect expression, so he replied: "Yes." (The narrator states:) At that time, the Noble Prophet (peace and blessings be upon him) ordered him to be stoned to death.

Sayyiduna Ibn Abbas (may Allah be pleased with them both) narrates: A man from the tribe of Aslam came to the Prophet (peace and blessings of Allah be upon him), who had committed adultery. The Prophet (peace and blessings of Allah be upon him) said to him: "Perhaps you only kissed, or only touched, or only looked?"

Sayyiduna Jabir (may Allah be pleased with him) narrates: A woman came to the service of the Prophet (peace and blessings be upon him) and said: "I have committed adultery, so carry out the prescribed punishment on me." The Prophet (peace and blessings be upon him) said: "Go and come back when your child has stopped breastfeeding." When the woman's child stopped breastfeeding, she came to the service of the Prophet (peace and blessings be upon him) and said: "I had committed adultery, so carry out the prescribed punishment on me." The Prophet (peace and blessings be upon him) said: "Bring someone who can take responsibility for your child." Then a man stood up and said: "O Messenger of Allah! I will take responsibility for her child." So the Prophet (peace and blessings be upon him) had the woman stoned.

Sha'bi narrates: A married adulterer was brought before Sayyiduna Ali (may Allah be pleased with him), so Sayyiduna Ali (may Allah be pleased with him) had him flogged on Thursday, and on Friday he had him stoned. So it was said to him: "Why did you combine two punishments?" He replied: "I flogged him according to the command of Allah's Book, and I stoned him according to the Sunnah of Allah's Messenger."

Sha'bi narrates: A slave girl belonging to Sa'id bin Qais was brought before Sayyiduna Ali (may Allah be pleased with him), who had committed adultery. Sayyiduna Ali (may Allah be pleased with him) had her flogged with one hundred lashes, then had her stoned as well. Then he said: "I have had her flogged according to the command of Allah's Book, and I have had her stoned according to the Sunnah of Allah's Messenger."

Sha'bi narrates: Sayyiduna Ali (may Allah be pleased with him) had him flogged on Thursday and stoned him to death on Friday. So it was said to him: "You have combined two punishments?" He replied: "I had him flogged according to the command of Allah's Book, and I had him stoned according to the Sunnah of Allah's Messenger."

Sha'bi narrates: A slave girl belonging to Sa'id bin Qais was brought before Sayyiduna Ali (may Allah be pleased with him), who had committed adultery. Sayyiduna Ali (may Allah be pleased with him) had her flogged with one hundred lashes, then had her stoned as well. Then he said: "I have had her flogged according to the command of Allah's Book, and I have had her stoned according to the Sunnah of Allah's Messenger."

Sha'bi narrates: Shuraha Hamdaniyyah (a woman) was brought before Sayyiduna Ali (may Allah be pleased with him), who had committed adultery. Sayyiduna Ali (may Allah be pleased with him) sent her back so that she could first give birth to the child. When the woman gave birth to the child, Ali (may Allah be pleased with him) said: "Bring to me the woman who is her closest relative." Then Sayyiduna Ali (may Allah be pleased with him) gave the woman's child to that woman, had the guilty woman flogged first, then stoned, and said: "I have flogged her according to the command of Allah's Book, and stoned her according to the command of the Sunnah." Then Ali (may Allah be pleased with him) said: "If a woman gives birth to an illegitimate child or confesses (to adultery), then the Imam will throw the first stone at her, then the other people will throw stones. But if a woman's crime is proven through witnesses, then the witnesses will throw the first stones, then the other people will throw stones."

Sayyiduna Ibn Abbas (may Allah be pleased with them both) narrates: The Noble Prophet (peace and blessings be upon him) said: "When you find someone doing the act of the people of Lut, then kill both the one who does the act and the one with whom it is done."

Sayyiduna Ibn Abbas (may Allah be pleased with them both), regarding a virgin person who is caught committing the act of the people of Lut, said: "He will be stoned."

Sayyiduna Ibn Abbas (may Allah be pleased with them both) narrates: The Noble Prophet (peace and blessings be upon him) said: "When a person says to another, 'O effeminate,' then (the one who says it) should be given twenty lashes. When a person says to another, 'O Jew,' (the one who says it) should be given twenty lashes. And whoever has intercourse with a woman who is a mahram, kill him. Whoever commits sodomy with an animal, kill that person and also kill the animal."

Sayyiduna Ibn Abbas (may Allah be pleased with them both) narrates: The Noble Prophet (peace and blessings be upon him) said: "Whoever commits sodomy with an animal, kill him and also kill the animal." The narrator says: We asked Sayyiduna Ibn Abbas, "What is the fault of the animal?" He replied: "I did not hear these words from the Noble Prophet (peace and blessings be upon him), however, I think the Noble Prophet (peace and blessings be upon him) disliked that the meat of the animal with which this act was committed be eaten or any benefit be derived from it."

Sayyiduna Imran bin Husain (may Allah be pleased with him) narrates: A woman from the tribe of Juhaina came to the service of the Prophet (peace and blessings be upon him) and confessed to adultery. She said, "I am pregnant." The Prophet (peace and blessings be upon him) called her guardian and said, "Take good care of her. When she gives birth to the child, bring her to me." The man did as instructed. When the woman gave birth to the child, he brought her to the Prophet (peace and blessings be upon him). The Prophet (peace and blessings be upon him) said to her, "Go and nurse the child." The woman did so, then came to the service of the Prophet (peace and blessings be upon him) again. Then, by the order of the Prophet (peace and blessings be upon him), her clothes were tightly bound around her body, and then, by his command, she was stoned to death. The Prophet (peace and blessings be upon him) offered her funeral prayer. Sayyiduna Umar (may Allah be pleased with him) said, "O Messenger of Allah! You stoned her first, then offered her funeral prayer?" The Prophet (peace and blessings be upon him) replied, "This woman has repented with such a repentance that if it were distributed among seventy people of Madinah, it would be sufficient for all of them. Can you find anyone more virtuous than this, that she sacrificed her own life?"

It is narrated similarly from Sayyiduna Imran bin Husain, may Allah be pleased with him: However, in this narration, these words are present: Sayyiduna Ali, may Allah be pleased with him, submitted to you, "Will you perform his funeral prayer, even though he committed adultery?"

Sayyiduna Jabir bin Abdullah (may Allah be pleased with both of them) narrates: A man from the tribe of Aslam came to the Prophet Muhammad (peace be upon him) and confessed to committing adultery. The Prophet (peace be upon him) turned away from him. He confessed again, and the Prophet (peace be upon him) again turned away from him, until he had testified against himself four times (that he had committed adultery). Then the Prophet (peace be upon him) said: "Are you insane?" He replied: "No." 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 at the Eid prayer ground. When the stones struck him, he ran away, but the people caught up with him and stoned him until he died. The Prophet (peace be upon him) spoke good words about him, but he did not perform his funeral prayer.

Amr bin Shu'aib narrates from his father, from his grandfather: The Prophet Muhammad (peace be upon him) prescribed one third of the full blood money (diyah) for the eye of a blind person if it is removed from its socket, and one third of the full blood money (diyah) for the hand of a paralyzed person if it is cut off.

Amr bin Shu'aib narrates from his father, from his grandfather: The Prophet Muhammad (peace be upon him) fixed the blood money (diyah) for a life at one hundred camels. The narrator states: He set the price of each camel at eighty dirhams, so the total amount of diyah became eight thousand dirhams, while the Prophet Muhammad (peace be upon him) fixed the diyah for the People of the Book at half of that of a Muslim. During the time of the Prophet Muhammad (peace be upon him) and in the caliphate of Abu Bakr (may Allah be pleased with him), this was the amount. In the caliphate of Umar (may Allah be pleased with him), camels became expensive, so Umar (may Allah be pleased with him) set their price at one hundred and twenty dirhams (per camel), so the amount of diyah became twelve thousand dirhams. Umar (may Allah be pleased with him) kept the diyah for the People of the Book as it was before, and he set the diyah for a Magian at eight hundred dirhams.

Sayyiduna Ibn Umar (may Allah be pleased with them both) narrates regarding the Noble Prophet (peace and blessings be upon him): The Prophet (peace and blessings be upon him) made the blood money (diyah) of a dhimmi equal to that of a Muslim. The narrator of this narration, Abu Karz, is matruk al-hadith (abandoned in hadith), and only he has narrated this from Nafi’.

Ibn Shihab narrates: Both Sayyiduna Abu Bakrah (may Allah be pleased with him) and Sayyiduna Umar (may Allah be pleased with him) set the blood money of a Jewish or Christian person equal to that of a free Muslim person, provided that person was a Mu'ahid (i.e., a Dhimmi), whereas Sayyiduna Uthman Ghani and Sayyiduna Muawiyah (may Allah be pleased with them both) did not require blood money to be paid for a polytheist.

Sayyiduna Ibn Abbas (may Allah be pleased with them both) narrates: The Noble Prophet (peace and blessings be upon him) gave the ruling of payment of twelve thousand dirhams in blood money (diyah). The narrator named Muhammad bin Maymun states: Our teacher narrated this to us once from Sayyiduna Ibn Abbas (may Allah be pleased with them both), but most of the time he narrated this report as a mursal narration from Ikrimah from the Noble Prophet (peace and blessings be upon him).