Daraqutni

Sayyiduna Abdullah bin Mas’ud (may Allah be pleased with him) narrates: The Noble Prophet (peace and blessings be upon him) gave the ruling regarding the blood money for accidental killing that it will consist of five types of camels: one type is Jadh’ah, one type is Hiqqah, one type is Bint Labun, one type is Bint Makhad, and one type is a male Ibn Labun. He mentioned Ibn Labun in place of Bint Makhad. This narration is in accordance with the narration of Abu Ubaidah transmitted from Sayyiduna Abdullah.

This narration has been transmitted by Ahmad bin Muhammad and other narrators with their chain from Khushaf bin Malik, who reported from Sayyiduna Abdullah bin Mas'ud (may Allah be pleased with him) that the Noble Prophet (peace and blessings be upon him) prescribed the payment of five types of camels as blood money for accidental killing. These narrators did not transmit any other wording besides this, nor did they mention the sentence clarifying the five types.

Muhammad bin Qasim Zakariya narrated from Hisham bin Yunus, from Abu Malik Janbi. Muhammad bin Qasim bin Zakariya narrated from Abu Sa'id Ashaj, from Abu Khalid Ahmar. All of these narrated from Hajjaj. Isma'il bin Muhammad Saffar narrated from Sa'dan bin Nasr, from Abu Mu'awiyah, from Hajjaj. Abu Bakr Nishapuri narrated from Muhammad bin Yazid Tayfur, from Abu Mu'awiyah. Ahmad bin Najdah narrated from Hammani, from Hafs and Abu Mu'awiyah, a similar narration. Yahya bin Zakariya bin Abi Za'idah narrated from Hajjaj, and then there is a difference regarding those who narrated from him. Sarih bin Yunus agreed with Abd al-Rahim and Abd al-Wahid bin Ziyad. Abu Hisham Rifa'i narrated a different narration, and he narrated it in agreement with Abu Mu'awiyah Darrir and those who followed him, that the Prophet Muhammad (peace be upon him) prescribed the payment of camels for accidental killing (diyah) in five categories, but these narrators did not specify these categories in their narration. Thus, there is a difference in the narration from Hajjaj, as you have observed. Therefore, it is possible that it is authentically established from the Prophet Muhammad (peace be upon him) that he prescribed the payment of camels for accidental killing (diyah) in five categories, as Abu Mu'awiyah, Hafs, Abu Malik Janbi, Abu Khalid, and Ibn Abi Za'idah did not specify these five categories in the narration of Abu Hisham from them. All of them agree on this, they are numerous, and all are trustworthy. It is also possible that the narrator Hajjaj, after narrating the hadith of the Prophet Muhammad (peace be upon him), would sometimes clarify these five categories as his own opinion, which led the listener to think that this was also part of the Prophetic hadith, whereas those words were not part of the hadith but rather the words of Hajjaj. This possibility is strengthened by the fact that Abd al-Wahid bin Ziyad, Abd al-Rahim, and Yahya bin Sa'id Umavi differed in narrating from him, as we have previously mentioned their narrations, that Yahya bin Sa'id Umavi mentioned twenty Banu Labun instead of twenty Hiqqah, while Abd al-Wahid and Abd al-Rahim narrated the words twenty Hiqqah instead of Banu Labun. And Allah knows best. Another aspect is that regarding the issue of diyah for accidental killing, different statements have been narrated from a group of the Companions of the Prophet Muhammad (peace be upon him) from among the Muhajirin and Ansar, and to our knowledge, none of them mention Banu Makhad, except in the narration of Khushaf bin Malik. As for the narration attributed to the Prophet Muhammad (peace be upon him), it is narrated by Ishaq bin Yahya bin Walid bin 'Ubadah from our master 'Ubadah bin Samit (may Allah be pleased with him) from the Prophet Muhammad (peace be upon him): In the diyah for accidental killing, there will be thirty Hiqqah, thirty Jadh'ah, twenty Banat Labun, and twenty male Banu Labun. This hadith is mursal; Ishaq bin Yahya did not hear hadith from our master 'Ubadah bin Samit (may Allah be pleased with him). 'Amr bin Shu'ayb narrated from his father, from his grandfather: The Prophet Muhammad (peace be upon him) said: "Whoever is killed by mistake, his diyah is one hundred camels, among which are thirty Banat Makhad, thirty Banat Labun, thirty Hiqqah, and ten male Banu Labun."

There are two possible points of discussion regarding this hadith: one aspect is that Amr bin Shu'aib has not mentioned whether his father heard the hadith from his grandfather, Sayyiduna Abdullah bin Amr (may Allah be pleased with them both), or not; the second aspect is that the narrator named Muhammad bin Rashid is considered weak by the hadith scholars. A similar narration has been reported about Sayyiduna Umar bin Khattab (may Allah be pleased with him), which Ishaq bin Yahya has narrated from Sayyiduna Ubadah (may Allah be pleased with him). Sayyiduna Uthman Ghani (may Allah be pleased with him) and Sayyiduna Zaid bin Thabit (may Allah be pleased with him) say: In the blood money for accidental killing, there will be thirty hiqqah, thirty bint labun, twenty bint makhad, and twenty male ibn labun.

The same narration, with another chain of transmission, is reported regarding Sayyiduna Uthman and Sayyiduna Zayd bin Thabit (may Allah be pleased with them).

The same narration, with another chain of transmission, is reported regarding Sayyiduna Zayd bin Thabit (may Allah be pleased with him).

It is narrated about Sayyiduna Ali (may Allah be pleased with him): He said: In the blood money for accidental killing, four types of camels will be given: twenty-five jaz’ah, twenty-five hiqqah, twenty-five bint labun, and twenty-five bint makhad.

The same narration is transmitted with another chain regarding Sayyiduna Ali (may Allah be pleased with him), and it is narrated similarly from Imam Sha'bi and Ibrahim Nakha'i.

Sayyiduna Ali (may Allah be pleased with him) said: The blood money for accidental killing will be paid in the form of four types (of camels): twenty-five hiqqah, twenty-five jadh’ah, twenty-five bint labun, and twenty-five bint makhad.

Amr bin Shu'aib narrates from his father, from his grandfather: The Prophet Muhammad (peace be upon him) said: "Whoever kills someone intentionally, he will be handed over to the heir of the slain. If they wish, they may kill him, and if they wish, they may accept blood money, which will be thirty hiqqah, thirty jadha'ah, and forty khalifah, and in addition, whatever else they agree upon for payment will be given to them. This will be their severe blood money."

Sayyiduna Umar (may Allah be pleased with him) said: In cases of intentional murder, (murder committed by) a slave, reconciliation, and confession, the family will not pay the blood money.

Shu'bi narrates: The family will not be responsible for paying for a slave, a deliberate murderer (the killer), a payment agreed upon as reconciliation, or the acknowledgment (of any payment) upon themselves.

Sayyiduna Ubadah bin Samit (may Allah be pleased with him) narrates: The Noble Prophet (peace and blessings be upon him) said: "No part of the blood money of a person who confesses (to a crime) is to be imposed upon his family."

Sayyiduna Huzail bin Shurahbil رضي الله عنه narrates: The Noble Prophet صلى الله عليه وسلم said: “The blood of one who dies by falling into a mine will be wasted, the blood of one who dies by falling into a well will be wasted, the blood of one who dies by being killed by an animal will be wasted, payment of one-fifth (khums) is obligatory in rikaz (buried treasure), and the blood of one who dies by being struck by the foot of an animal will be wasted.” The word “foot” used in the hadith refers to being struck by the foot of an animal. He says: This blood will be wasted.

This narration is also transmitted with another chain of transmission.

Sayyiduna Huzail (may Allah be pleased with him) narrates this statement of the Noble Prophet (peace and blessings be upon him): “The blood of one killed by (an animal’s) hoof is in vain.” This hadith is mursal.

This narration is also transmitted with another chain of transmission.

Sayyiduna Abu Huraira (may Allah be pleased with him) narrates: The Noble Prophet (peace and blessings be upon him) said: “The blood of the one killed by (an animal’s) hoof will be in vain.”

This narration is also transmitted with another chain, however, in it are these words: "The blood of the one who dies by being killed by an animal will be wasted, the blood of the one who dies by falling into a well will be wasted, the blood of the one who dies in a mine will be wasted." These narrators did not mention the one who dies by being struck by the animal's foot, and this is correct.

Sayyiduna Nu’man bin Bashir (may Allah be pleased with him) narrates: The Noble Prophet (peace and blessings be upon him) said: “Whoever stops his animal in the path of the Muslims or in the marketplace, and that animal tramples someone under its hand or foot, then that person will be held liable for it.”

Lady Umm Sulayman Shifa (may Allah be pleased with her) narrates: On the occasion of the Battle of Hunayn, the Prophet Muhammad (peace be upon him) appointed Abu Juham bin Ghanam (may Allah be pleased with him) as the supervisor of the spoils of war. He struck a man with his bow and wounded his head, so the Prophet Muhammad (peace be upon him) set the compensation for it at fifteen camels.

‘Amir (Sha‘bi) narrates: A thief was brought to Sayyiduna ‘Ali (may Allah be pleased with him), who had committed theft. Sayyiduna ‘Ali (may Allah be pleased with him) had his hand cut off. When he was brought again for committing theft a second time, Sayyiduna ‘Ali (may Allah be pleased with him) had his foot cut off. Then, when he was brought a third time, Sayyiduna ‘Ali (may Allah be pleased with him) ordered him to be imprisoned. He (may Allah be pleased with him) said: “Leave him with one foot so that he can walk, and leave him with one hand so that he can eat and clean himself.”

Sayyiduna Ali (may Allah be pleased with him) said: When a thief commits theft, I will have his right hand cut off. If he does it again, I will have his left foot cut off. If he does it yet again, I will keep him imprisoned until he reforms, because I feel ashamed to leave him in such a state. (After this, he mentioned the hadith as previously narrated.)

Sayyiduna Jabir bin Abdullah (may Allah be pleased with both of them) narrates: A thief was brought to the Prophet (peace and blessings of Allah be upon him), and he had his hand cut off. He was brought again for theft, so he had his foot cut off. He was brought again for theft, so the Prophet (peace and blessings of Allah be upon him) had his other hand cut off. He was brought again for theft, so the Prophet (peace and blessings of Allah be upon him) had his (other) foot cut off. He was brought again for theft, so by the order of the Prophet (peace and blessings of Allah be upon him), he was killed.

This narration is also transmitted with another chain of transmission.

This narration is also transmitted with another chain of transmission.

Sayyiduna Abu Hurairah (may Allah be pleased with him) narrates this statement of the Noble Prophet (peace and blessings be upon him): "When a thief commits theft, cut off his hand; if he does it again, cut off his foot; if he does it again, cut off his hand; if he does it again, cut off his foot." Khalid bin Salamah has narrated this tradition in this manner, while other narrators have transmitted it from his maternal uncle Harith, from Abu Salamah, from Sayyiduna Abu Hurairah (may Allah be pleased with him).

Sayyiduna Ibn Abbas (may Allah be pleased with them both) narrates: I was present with Sayyiduna Umar (may Allah be pleased with him), and he had the (other) hand of a thief cut off, even though one hand and one foot (had already) been cut off previously.

Shu'bi narrates: Two men brought a person to Sayyiduna Ali (may Allah be pleased with him), and both of them testified about this person that he had committed theft. Sayyiduna Ali (may Allah be pleased with him) had his hand cut off. Then those two men brought another person and said: "The first time we made a mistake, this is the real thief." So Sayyiduna Ali (may Allah be pleased with him) did not accept their testimony regarding this second person, and he made it obligatory upon them to pay the blood money for causing the loss of the first person's hand. Sayyiduna Ali (may Allah be pleased with him) said: "If I knew that you had deliberately (caused the first person's hand to be cut off), I would have cut off both of your hands as well."

Sayyiduna Abdur Rahman bin Awf (may Allah be pleased with him) narrates: The Noble Prophet (peace and blessings be upon him) said: "When the prescribed punishment is carried out on a thief, then he is no longer liable to pay compensation for the stolen goods."

Sayyiduna Abdur Rahman bin Awf (may Allah be pleased with him) narrates: The Noble Prophet (peace and blessings be upon him) said: "When the prescribed punishment is carried out on a thief, then he is no longer liable to pay compensation for the stolen goods."

Sayyiduna Abdur Rahman bin Awf (may Allah be pleased with him) narrates: The Noble Prophet (peace and blessings be upon him) said: "When the prescribed punishment is carried out on the thief, then he is no longer liable to pay compensation for the stolen goods."

This same narration is also transmitted from Sayyiduna Abdur Rahman bin Awf (may Allah be pleased with him) through some other chains of transmission, in which there is a difference of opinion regarding one narrator, who has been declared unknown, and it has been indicated that there is a possibility that this narration may be mursal.

Sayyiduna Abdur Rahman bin Awf (may Allah be pleased with him) narrates: A thief was brought to the Prophet (peace and blessings be upon him), so he (peace be upon him) ordered that his hand be cut off and said: "He will not pay compensation." There is doubt in this narration from several aspects.

Sayyiduna Abdur Rahman bin Awf (may Allah be pleased with him) narrates: The Noble Prophet (peace and blessings be upon him) said: "When the prescribed punishment is carried out on the thief, then he is no longer liable to pay compensation for the stolen goods."

Nafi’ reports: A man whose one hand and one foot had been cut off (as punishment for theft) became a guest of Sayyiduna Abu Bakr al-Siddiq (may Allah be pleased with him). He used to offer voluntary prayers at night. Sayyiduna Abu Bakr (may Allah be pleased with him) said to him: “You do not spend the night like a thief (you are a pious man).” “Who cut off your hand?” He replied: “Ya’la ibn Munyah cut it off unjustly.” So Sayyiduna Abu Bakr (may Allah be pleased with him) said to him: “I will write a letter to him about this.” Sayyiduna Abu Bakr (may Allah be pleased with him) made a promise to him. Meanwhile, (Sayyiduna Abu Bakr’s wife) Sayyida Asma’ bint Umays lost a necklace. So that man began to say: “O Allah! Catch the thief.” The narrator reports: The necklace was found with a goldsmith, and upon investigation, it was discovered that the same man whose hand and foot had been cut off had sold it. The narrator reports: Sayyiduna Abu Bakr (may Allah be pleased with him) said: “By Allah! What is more severe (and disliked) to me than his action is that he was making supplications to Allah (that the thief be caught).” “You people cut off his foot (so that he is not able to do anything with his hand).” So Sayyiduna ‘Umar (may Allah be pleased with him) said: “We will cut off his hand, as Allah the Exalted has commanded.” So Sayyiduna Abu Bakr said: “Alright.”

Sayyiduna Ibn Umar (may Allah be pleased with them both) narrates: Sayyiduna Abu Bakr (may Allah be pleased with him) had the foot of that person cut off, whose (hand) was cut off by Ya'la bin Umayyah; before this, one of that person's hands had already been cut off.

Lady Aisha (may Allah be pleased with her) narrates: A black man came to Abu Bakr (may Allah be pleased with him) and began to stay with him. Abu Bakr (may Allah be pleased with him) started teaching him the Qur'an. Once, Abu Bakr (may Allah be pleased with him) was about to send a collector (for zakat or similar duties)—the narrator is unsure, perhaps these are the words—or was about to dispatch someone on an expedition. That man said, "Send me with him as well." Abu Bakr (may Allah be pleased with him) said, "Stay with us." But he did not accept this, so Abu Bakr (may Allah be pleased with him) sent him along with the collector and instructed him to take care of the black man. After some time, that (black) man returned, and his hand had been cut off. When Abu Bakr (may Allah be pleased with him) saw him, tears flowed from his eyes. Abu Bakr (may Allah be pleased with him) asked him, "What happened to you?" He replied, "The (government official) assigned me a duty, and I committed a breach of trust in one of the obligations (i.e., an animal or something), so he cut off my hand." Abu Bakr (may Allah be pleased with him) said, "The one who cut off his hand has himself committed breach of trust in more than twenty obligations. By Allah! If you are telling the truth, I will imprison him for this reason." Then Abu Bakr (may Allah be pleased with him) kept him with himself and continued to treat him as before. That man would stand at night and recite (the Qur'an during voluntary prayers). When Abu Bakr (may Allah be pleased with him) heard his voice, he prayed, "O Allah! Punish the one who cut off his hand." Not long after, a necklace or perhaps some other item was stolen from the household of Abu Bakr (may Allah be pleased with him). Abu Bakr (may Allah be pleased with him) said, "Last night, something was stolen from our house." The (black) man with the cut hand stood up, faced the qiblah, raised both his sound and cut hands, and prayed, "O Allah! Make the one who committed this theft be caught (or words to that effect)." The narrator named Mu'ammar has reported these words: "O Allah! Make the person who stole from this righteous household be caught." The narrator says: Not even half the next day had passed when the stolen item was found with that man. Abu Bakr (may Allah be pleased with him) said to him, "Woe to you! You have very little knowledge about Allah." Then, by the order of Abu Bakr (may Allah be pleased with him), that man's foot was cut off.

This narration is also transmitted with another chain, however, in it are these words: When Sayyiduna Abu Bakr (may Allah be pleased with him) heard his voice, he said: "You do not spend the night of a thief."

Sayyiduna Ibn Abbas (may Allah be pleased with them both) narrates: I bear witness that Sayyiduna Umar (may Allah be pleased with him) had the foot of a man cut off who had stolen for the third time; before this, one of his hands and one of his feet had already been cut off.