Daraqutni

Sayyiduna Ali (may Allah be pleased with him) said: When a person commits theft, his right hand should be cut off; if he steals again, his left foot should be cut off; if he steals yet again, I will imprison him, and I will keep him imprisoned until he reforms. I feel shy before Allah to leave him in such a state that he has no hand with which he can eat or clean himself, or no foot with which he can walk.

Maisarah reports: A man and his mother came to the service of Sayyiduna Ali (may Allah be pleased with him). The woman said: "This son of mine has killed my husband." The son said: "(The murdered man) was my slave, who committed adultery with my mother." So Hazrat Ali (may Allah be pleased with him) said: "Both of you have been disgraced and have suffered loss. (O woman!) If you are truthful, your son will be killed, and if your son is truthful, then we will stone you." Then Sayyiduna Ali (may Allah be pleased with him) went to perform the prayer. The boy then said to his mother: "What do you think, will they have me killed or have you stoned?" The narrator says: Then both of them left. When Sayyiduna Ali (may Allah be pleased with him) finished the prayer, he inquired about them, and was told: Both of them have gone.

Uqbah bin Aws, a companion, narrates this statement: On the occasion of the conquest of Makkah, when the Noble Prophet (peace be upon him) entered Makkah, he said: "There is no deity except Allah, He is the only One worthy of worship, He fulfilled His promise, He helped His servant, He alone routed the armies (of the enemies). Be aware! Every thing that is considered greatness and virtue (in society), and every blood (revenge) and wealth (i.e., payment) from the time of ignorance, all of it is under these two feet of mine (i.e., I declare it null and void), except for the service of the House of Allah and the service of giving water to the pilgrims (because these will remain as standards of virtue). Be aware! Accidental killing that resembles intentional killing, where someone is struck with a stick or staff, its compensation is one hundred camels, of which forty will be pregnant she-camels."

This same narration, along with some other chains of transmission, is reported from the Prophet Muhammad (peace be upon him) on the authority of Sayyiduna Abdullah bin Amr (may Allah be pleased with them both).

Sayyiduna Abdullah bin Amr (may Allah be pleased with them both) narrates: On the occasion of the conquest of Makkah, the Noble Prophet (peace and blessings be upon him) said: “There is no deity except Allah, He is the only One worthy of worship, He fulfilled His promise, He helped His servant, and He alone routed the (enemy) armies. Be aware! Every matter that is considered greatness (and virtue) in society and is counted (as such), (every) blood (revenge) and wealth (i.e., payment) from the time of ignorance, all of it is under these two feet of mine (i.e., I declare it null and void), except for the service of the House of Allah and the service of giving water to the pilgrims (because these will remain as standards of virtue). Be aware! Accidental killing that resembles intentional killing is when someone is struck with a stick or staff; its blood money is aggravated, among which forty pregnant she-camels will be included.” (The narrator says:) That is, its blood money is one hundred camels.

Sayyiduna Uqbah bin Aws narrates from a companion: When the Noble Prophet (peace and blessings be upon him) came to Makkah (after that he narrated the hadith as previously mentioned).

Abdullah bin Umar (may Allah be pleased with them both) narrates: On the day of the conquest of Makkah, the Noble Prophet (peace and blessings be upon him) entered the Ka'bah, stood on the steps, and said: "All praise is due to Allah alone, Who fulfilled His promise, helped His servant, and alone defeated the confederates. Be aware! The one killed by mistake is he who is killed with a stick or staff; his blood money is aggravated compensation, that is, one hundred camels, of which forty will be pregnant she-camels. Every claim of superiority from the time of ignorance, every blood revenge and payment of wealth from the time of ignorance, is under my two feet (i.e., I declare them abolished), except for two things: the service of the Ka'bah and providing water to the pilgrims; I maintain these for their respective people as they were before (in the time of ignorance)."

Abdullah bin Umar (may Allah be pleased with them) narrates: I heard the Prophet Muhammad (peace be upon him) standing on the steps of the Ka'bah saying this (after that he mentioned the hadith as previously stated).

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

Hasan al-Basri narrates: The Noble Prophet (peace and blessings be upon him) said: "Retribution (qisas) can only be carried out by means of the sword." The narrator named Yunus states: I asked Hasan al-Basri, "From whom did you hear this hadith?" He replied: I heard Sayyiduna Nu'man ibn Bashir (may Allah be pleased with him) mention this.

Sayyiduna Nu'man bin Bashir (may Allah be pleased with him) narrates this statement of the Noble Prophet (peace and blessings of Allah be upon him): "Every killing done by means other than the sword will be considered accidental killing, and in accidental killing, blood money (diyah) will be obligatory." This narration is also transmitted with another chain of narration.

Sayyiduna Nu'man bin Bashir (may Allah be pleased with him) narrates this statement of the Noble Prophet (peace and blessings of Allah be upon him): "Every killing done by means other than the sword will be considered accidental killing, and in accidental killing, payment of blood money (diyah) will be obligatory."

Sayyiduna Nu’man bin Bashir (may Allah be pleased with him) narrates: The Noble Prophet (peace and blessings be upon him) said: “Every killing done with anything other than iron (weapons) will be considered accidental killing, and in accidental killing, blood money (diyah) will be obligatory.”

This narration is also transmitted with another chain from Sayyiduna Nu'man bin Bashir (may Allah be pleased with him).

Sayyiduna Nu’man bin Bashir (may Allah be pleased with him) narrates: The Noble Prophet (peace and blessings be upon him) said: “Every killing done with anything other than iron (weapons) will be considered accidental killing, and in accidental killing, blood money (diyah) will be obligatory.”

Sayyiduna Abu Sa'id Khudri (may Allah be pleased with him) narrates that the Noble Prophet (peace and blessings of Allah be upon him) said: "Qisas (retaliation) will only be taken when the killing is done with a sword, and in the case of accidental killing, the payment of blood money will be upon the family of the killer." It is narrated in the same way from Sayyiduna Abu Sa'id Khudri (may Allah be pleased with him).

Ikrimah narrates: Sayyiduna Ali (may Allah be pleased with him) burned some people who had become apostates. This news reached Sayyiduna Ibn Abbas (may Allah be pleased with them both), so he said: "I would not have burned them with fire, because the Noble Prophet (peace and blessings be upon him) said: 'Do not punish anyone with the punishment of Allah (i.e., by burning with fire).'" (Sayyiduna Ibn Abbas, may Allah be pleased with them both, said:) "I would have killed them, because the Noble Prophet (peace and blessings be upon him) said: 'Whoever changes his religion (i.e., leaves Islam), kill him.'" The narrator states: This news reached Sayyiduna Ali (may Allah be pleased with him), so he said: "May Ibn Abbas (may Allah be pleased with them both) be ruined." This narration is established and authentic.

Bashir bin Yasar narrates about Sayyiduna Sahl bin Abu Hathma (may Allah be pleased with him) and Hazrat Muhayyisa bin Mas’ud (may Allah be pleased with him): Both of these gentlemen went to Khaybar, during the days when there was a truce (between the Muslims and the Jews). Both of them separated from each other for their respective work. Sayyiduna Muhayyisa (may Allah be pleased with him) reached his other companion, Sayyiduna Abdullah bin Sahl (may Allah be pleased with him), and found him drenched in blood and murdered. Sayyiduna Muhayyisa (may Allah be pleased with him) buried him. Later, when he came to Madinah Munawwarah, then Abdur Rahman bin Sahl, Huwayyisa bin Mas’ud, and Muhayyisa bin Mas’ud presented themselves before the Prophet Muhammad (peace and blessings be upon him). Abdur Rahman bin Sahl began to speak, and he was the youngest among the three. So the Prophet Muhammad (peace and blessings be upon him) said: “Let the elder speak first.” So he became silent, and the other two spoke. The Prophet Muhammad (peace and blessings be upon him) asked: “Will fifty of your people swear an oath and thus become entitled to the blood of your companion (in exchange for his blood, the narrator is unsure, perhaps these are the words) or to the blood of his killer?” They replied: “O Messenger of Allah! How can we swear an oath when we were not present there, nor did we witness (the killing)?” The Prophet Muhammad (peace and blessings be upon him) said: “Then fifty of the Jews will swear an oath and be acquitted.” They said: “How can we trust the oaths of the disbelievers?” The narrator states: So the Prophet Muhammad (peace and blessings be upon him) paid the blood money to them from his own side.

The freed slave of Banu Haritha, Bashir bin Yasar, who was an elderly and wise man and had also met some of the companions from his (master’s) family, Banu Haritha, among whom were Sayyiduna Rafi’ bin Khadij (may Allah be pleased with him), Sayyiduna Sahl bin Abu Hathma (may Allah be pleased with him), and Sayyiduna Suwaid bin Nu’man (may Allah be pleased with him), Bashir bin Yasar narrates from these personalities: The ruling of Qasamah was revealed regarding Banu Haritha, when one of the Ansar, Sayyiduna Abdullah bin Sahl (may Allah be pleased with him), was killed in Khaybar. Bashir mentioned this: Sayyiduna Abdullah bin Sahl (may Allah be pleased with him) and Sayyiduna Muhayyisah bin Mas’ud (may Allah be pleased with him) were from Banu Haritha; both of them went to Khaybar during the blessed time of the Prophet (peace and blessings be upon him), at a time when there was a truce (between the Muslims and the Jews), and only Jews lived in Khaybar. In Khaybar, Sayyiduna Abdullah (may Allah be pleased with him) and Sayyiduna Muhayyisah (may Allah be pleased with him) separated from each other for their respective tasks (after this, he narrated the hadith as previously mentioned), however, in this narration, these words are present: “How can we accept the oaths of a disbelieving people?”

Bashir bin Yasar narrates from Sayyiduna Sahl bin Abu Hathma (may Allah be pleased with him) and Hazrat Rafi' bin Khadij (may Allah be pleased with him): Both of these companions stated: Sayyiduna Abdullah bin Sahl (may Allah be pleased with him) and Sayyiduna Muhayyisa (may Allah be pleased with him) went to Khaybar (after this, the hadith continues as previously mentioned).

Amr bin Shu'aib narrates from his father, who narrates from his grandfather: Sayyiduna Muhayyisa bin Mas'ud (may Allah be pleased with him), Sayyiduna Huwayyisa bin Mas'ud (may Allah be pleased with him), Sayyiduna Abdur Rahman bin Sahl (may Allah be pleased with him), and Sayyiduna Abdullah bin Sahl (may Allah be pleased with him) went to Khaybar. There, these gentlemen separated from each other for their work, then they found Sayyiduna Abdullah bin Sahl (may Allah be pleased with him) murdered. These gentlemen returned and presented themselves before the Prophet Muhammad (peace and blessings be upon him) and informed him about this matter. The Prophet (peace and blessings be upon him) said to them: "You may have fifty people swear an oath as qasamah and thus punish the killer." But this was not acceptable to them. They said: "O Messenger of Allah! How can we swear an oath about the unseen? How can we swear about a matter in which we were not present?" The Prophet (peace and blessings be upon him) said: "Then fifty people from the Jews will swear an oath and be acquitted." They said: "O Messenger of Allah! Should we accept the oaths of the disbelievers?" (The narrator says:) Then zakat wealth was brought to the Prophet (peace and blessings be upon him), so the Prophet (peace and blessings be upon him) himself paid the blood money (diyah) for the murdered man.

Bashir bin Yasar narrates: A companion from the Ansar, whose name was Sayyiduna Sahl bin Abu Hathma (may Allah be pleased with him), related this incident. He went to Khaybar with some members of his tribe. There, they became separated from each other, and then they found one of their men murdered. So, they said to those among whom they found the murdered man, "Why did you kill our companion?" Those people replied, "We did not kill him, nor do we know anything about the killer." Then these people presented themselves before the Prophet Muhammad (peace be upon him) and said, "O Messenger of Allah! We went to Khaybar, and there we found one of our men murdered." The Prophet (peace be upon him) said, "Let the elder speak first." The Prophet (peace be upon him) said to them, "Present evidence regarding who killed him." They replied, "We have no evidence." The Prophet (peace be upon him) said, "Then (those Jews) should take an oath (and they will be acquitted)." They said, "We are not satisfied with the oaths of the Jews." The narrator states: The Prophet (peace be upon him) also did not like that the blood of the murdered man should go in vain, so he himself paid one hundred camels from the zakat camels as blood money.

This narration is also transmitted with another chain of transmission.

Sayyiduna Sahl bin Abu Hathma (may Allah be pleased with him) narrates: Some individuals from the Ansar went to Khaybar, and there one of them was killed. This matter was presented before the Prophet (peace and blessings be upon him), so he said: "Where is your proof?" They replied: "We have no proof." The Prophet (peace and blessings be upon him) said: "Then the oath of (the Jews) will settle the matter." They said: "Then the Jews will (one by one) kill us." The Prophet (peace and blessings be upon him) said: "Then you take the oath." They said: "We were not present there." The narrator states: From the wealth that came to the Prophet (peace and blessings be upon him), he paid the blood money for the (murdered) person.

Sayyiduna Abu Hurairah (may Allah be pleased with him) narrates this statement of the Noble Prophet (peace and blessings of Allah be upon him): "The claimant is required to present evidence, and the one who denies is required to take an oath, except that the ruling of Qasamah is different."

Amr bin Shu'aib, from his father, from his grandfather, narrates that the Prophet Muhammad (peace be upon him) said: "The burden of proof is upon the claimant, and an oath is required from the one who denies, except in the case of Qasamah, for which the ruling is different."

The same narration is also transmitted with another chain; ‘Abdur Razzaq has transmitted it as a mursal narration in contrast.

Abdul Malik bin Umair narrates: I was present with Sayyiduna Ali (may Allah be pleased with him) when a man from Banu ‘Ajl, Mustawrid bin Qabisah, who had left Islam and become a Christian, was brought to him. Sayyiduna Ali (may Allah be pleased with him) asked him: "What have I been told about you?" He asked: "What have you been told about me?" Sayyiduna Ali (may Allah be pleased with him) said: "I have been told that you have become a Christian." He said: "I am upon the religion of Sayyiduna Masih (peace and blessings be upon him)." Sayyiduna Ali (may Allah be pleased with him) said to him: "I am also upon the religion of Sayyiduna Masih (peace and blessings be upon him)." Sayyiduna Ali (may Allah be pleased with him) asked him: "What do you say about him (i.e., Sayyiduna Masih)?" The answer that the man gave, I did not understand. Sayyiduna Ali (may Allah be pleased with him) ordered: "Kill him." So he was killed. (The narrator says:) I asked the one next to me: "What did he say?" He replied: "He said: Sayyiduna Masih (peace and blessings be upon him) is his Lord."

Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) narrates: A man had an umm walad (a slave woman who had borne him children), from whom he had two sons, both of whom were like pearls. She used to speak disrespectfully about the Prophet Muhammad (peace be upon him). The man forbade her, but she did not desist. He rebuked her, but she still did not desist. One night, the woman mentioned the Prophet Muhammad (peace be upon him) with disrespectful words, so the man could not bear it. He took a spade and stabbed it into the woman's belly (which caused her death). When this case was presented before the Prophet Muhammad (peace be upon him), he said: "Bear witness, the blood of this woman is wasted (i.e., there is no retribution for her killing)." These are the words of the narrator named Ibn Karama.

Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) narrates: There was a blind man whose slave woman used to speak disrespectfully about the Prophet (peace and blessings be upon him). The man forbade her, but she did not desist. He scolded her, but she still did not desist. One night, when she again began to speak disrespectfully about the Prophet (peace and blessings be upon him), the man killed her. In the morning, this matter was mentioned before the Prophet (peace and blessings be upon him). The blind man stood up and said: "O Messenger of Allah! I am the owner of this woman. She used to speak disrespectfully about you. I forbade her, but she did not desist. I scolded her, but she still did not desist. I have two children from her, who are like pearls. She was my companion (beloved). Last night, she spoke disrespectfully about you, so I killed her." The Prophet (peace and blessings be upon him) said: "Bear witness, her blood is wasted."

Amr bin Shu'aib narrates from his father, from his grandfather: The Prophet Muhammad (peace be upon him) said: "Keep the (information about) hudud within your limits; when it reaches me, it will become obligatory (to enforce it)."

This same narration is also transmitted with another chain, however, in it the words are: "When the case of hadd (punishment) is brought before me, it will become obligatory (to implement it)." Muslim and Ibn ‘Ayyash agree in transmitting this narration as connected (mawsul), whereas ‘Abd al-Razzaq has transmitted it as a mursal narration, and Ibn ‘Ulayyah has followed him in this.

Amr bin Shu'aib narrates: The Prophet Muhammad (peace be upon him) said: (After this, the hadith is as previously mentioned).

Amr bin Shu'aib narrates: The Prophet Muhammad (peace be upon him) said: "Pardon each other regarding the hudud before they are brought to me. If a case of hadd reaches me, it becomes obligatory to carry it out." (This hadith is mursal.)

Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) said: "Whoever changes his religion (Islam), kill him." (One of the narrators of this narration) Yazid stated: The apostate woman should also be killed.

Ikrimah narrated from Sayyiduna Ibn Abbas (may Allah be pleased with them both), from the Prophet (peace and blessings be upon him), something similar to this.

Saeed bin Abdul Aziz narrates: Sayyiduna Abu Bakr (may Allah be pleased with him) had a woman named Umm Qirfa Fazariyyah killed as a punishment for apostasy, by way of mutilation; he had her two feet tied to two horses and had her torn into two pieces. Sayyidah Umm Waraqah Ansariyyah, whom the Noble Prophet (peace and blessings be upon him) had named "the martyr," was killed during the caliphate of Sayyiduna Umar (may Allah be pleased with him) by her male and female slaves, so Sayyiduna Umar (may Allah be pleased with him) had both of them crucified and killed.

The same narration is also reported with another chain regarding Sayyiduna Umar (may Allah be pleased with him).

Sayyiduna Jundub al-Khair (may Allah be pleased with him) narrates: The Noble Prophet (peace and blessings be upon him) said: "The punishment for the female magician is that she be killed by the sword."

It is narrated about Jundub Bajli: He had a sorcerer who was present with Walid bin Uqbah killed. Then he recited this verse: "Will you accept magic while you are seeing?"