Allah, the Blessed and Exalted, says: "And whoever is killed unjustly, We have certainly given his heir authority (to seek retaliation), so let him not exceed limits in killing (in retaliation)." [Surah al-Isra': 33]
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الجنايات / Q15886
Sa'id bin Jubayr narrates from Ibn Abbas (may Allah be pleased with them both) regarding "We have certainly given his heir authority" [Surah al-Isra': 33]: that is, He made a way for him; and "so let him not exceed limits in killing" [Surah al-Isra': 33]: that is, he should not kill two in place of one. Imam al-Shafi'i (may Allah have mercy on him) said: "So let him not exceed limits in killing" [Surah al-Isra': 33] means that only the killer is to be killed in retaliation.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الجنايات / 15887
Talq bin Habib (may Allah have mercy on him) said: "So let him not exceed limits in killing" [Surah al-Isra': 33] means that only the killer is to be killed in retaliation, and then his body is not to be mutilated.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الجنايات / 15888
Zayd bin Aslam (may Allah have mercy on him) said: In the Jahiliyyah, when a man of a tribe killed someone, (the slain man's people) would not be satisfied until they killed a noble man in his place; if the killer was not noble, they would not kill him but would kill someone else instead. So Allah Almighty revealed this verse as an admonition: "And do not kill the soul which Allah has made sacred, except by right. And whoever is killed unjustly, We have certainly given his heir authority, so let him not exceed limits in killing. Indeed, he has been supported." [Surah al-Isra': 33]. Zayd bin Aslam (may Allah have mercy on him) said: 'Israf fi al-qatl' (excess in killing) means that someone other than the killer should not be killed in his place. Imam al-Shafi'i (may Allah have mercy on him) said that Allah Almighty said: "Retaliation has been prescribed for you in the case of those killed." [Surah al-Baqarah: 178]
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الجنايات / 15889
Qatadah (may Allah have mercy on him) said concerning this saying of Allah Almighty: "O you who believe! Retaliation has been prescribed for you in the case of those killed: the free for the free, the slave for the slave, and the female for the female" [Surah al-Baqarah: 178]: Among the people of the Jahiliyyah there was transgression and obedience to Satan. If a tribe among them had numbers and strength, and a slave of theirs was killed by the slave of another tribe, they would say: We will kill none but a free man in his place; and if a woman of theirs was killed by a woman, they would say: We will kill none but a man in her place. They considered themselves superior to others. So Allah Almighty revealed this verse, that a slave is to be killed for a slave, a free man for a free man and a woman for a woman; so abandon the wrong that you do. Then Allah Almighty revealed the verse of Surah al-Ma'idah: "And We prescribed for them therein: a life for a life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth, and for wounds retaliation." [Surah al-Ma'idah: 45].
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الجنايات / 15890
Muqatil bin Hayyan (may Allah have mercy on him) said concerning this verse, "Retaliation (qisas) is prescribed for you in the case of those who are killed" [Surah al-Baqarah: 178]: Before Islam the Arab tribes used to fight one another; then they became Muslims, but some vendettas remained between them. So they began to demand that a free man be killed in return for a slave and a man in return for a woman, and they even swore oaths on this. But Allah Almighty revealed this verse, and then all of them submitted to it and were content with it.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الجنايات / 15891
Muqatil (may Allah have mercy on him) said: I took this tafsir from a group of people; of them, Mu'adh (bin Musa, the narrator) remembered Mujahid, al-Dahhak and al-Hasan (may Allah have mercy on them). Then he narrated the previous report, except that it does not contain the words that there were vendettas and killings between them.
Imam al-Shafi'i (may Allah have mercy on him) said: This is the more likely view, for Allah Almighty has held each sinner answerable for his own sin and has not placed its consequence on another. Then he spoke at length, until he said that the Prophet (peace and blessings be upon him) said: "The person most detested by Allah is the one who leaves the killer and has someone else killed in his place."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الجنايات / 15892
Sayyiduna Abu Shurayh al-Khuza'i (may Allah be pleased with him) said that the Messenger of Allah (peace and blessings be upon him) said: "The most wicked of people before Allah is the one who, in retaliation, kills someone other than the killer, or who, having become a Muslim, demands retaliation from another Muslim for a killing from the time of Jahiliyyah, or who shows his eyes what they have not seen."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الجنايات / 15893
Ja'far bin Muhammad narrates from his father, and he from his grandfather (may Allah be pleased with him), that a note was found in the scabbard of the Prophet (peace and blessings be upon him), on which was written: "The greatest rebel against Allah." In the narration of Sulayman the words are: "The most insolent is the one who kills someone other than the killer, and strikes someone other than the one who struck him; and whoever runs away from his master has disbelieved in what was revealed to Muhammad (peace and blessings be upon him)."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الجنايات / 15894
Muhammad bin Ali (may Allah have mercy on him) said that a scroll was found in the sheath of the Messenger of Allah (peace and blessings be upon him), on which was written: "May Allah curse the one who kills someone other than the killer, and strikes someone other than the one who struck him; and whoever turns away from his master has disbelieved in what was revealed to Muhammad (peace and blessings be upon him)."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الجنايات / 15895
Sayyidah Aishah (may Allah be pleased with her) narrated that two writings were found in the scabbard of the Messenger of Allah (peace and blessings be upon him): "The most insolent of people is the one who strikes or kills someone other than the one who struck or killed him, and the man who turns to those other than the people who bestowed favour on him. Whoever does that has disbelieved in Allah and His Messenger; neither an obligatory nor a voluntary deed will be accepted from him."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الجنايات / 15896
Sayyiduna Abu Rimthah (may Allah be pleased with him) said: I came with my father to the Prophet (peace and blessings be upon him). My father saw (what was on) his (peace and blessings be upon him) back and said: I am a physician; let me treat this (thing) on your back (the Seal of Prophethood). He (peace and blessings be upon him) said: "You are not a physician; you are a rafiq (a gentle companion)." Then he (peace and blessings be upon him) said: "Who is this with you?" My father said: My son, and I swear to it. He (peace and blessings be upon him) said: "His offence will not be held against you, nor yours against him."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الجنايات / 15897
Sayyiduna Abu Rimthah (may Allah be pleased with him) said: I went with my father to meet the Prophet (peace and blessings be upon him). He met us on the way, and my father said to me: My son! Do you know who this is, coming towards us? I said: No. He said: This is the Messenger of Allah (peace and blessings be upon him). Hearing this, my hair stood on end, for I had thought that he would not be like other people, but he was a human being, with hair reaching his earlobes (wafrah), bearing a trace of henna, and wearing two green garments. My father greeted him with salam, and he (peace and blessings be upon him) returned the greeting, then asked: "Is this your son?" My father said: By the Lord of the Ka'bah, yes! He (peace and blessings be upon him) smiled, because I closely resembled my father and yet my father was swearing about me. Then he (peace and blessings be upon him) said: "His offence will not be held against you, nor yours against him." Then he (peace and blessings be upon him) recited this verse: "No bearer of burdens will bear the burden of another." [Surah al-An'am: 164]
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الجنايات / 15898
Sulayman bin Amr bin al-Ahwas narrates from his father (may Allah be pleased with him) that he said: I heard the Messenger of Allah (peace and blessings be upon him) say during the Farewell Pilgrimage: "Which day is the greatest in sanctity?" The people said: Today, the day of the Greater Hajj. He said: "Your wealth, your honour and your blood are sacred, just as this city and this day are sacred. No one shall commit an offence against another: no child will suffer for what his father did, and no father will bear the burden of his child."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الجنايات / 15899
Al-Aswad bin Hilal narrates from a man of Banu Tha'labah bin Yarbu' that some people came to the Prophet (peace and blessings be upon him), and someone from Banu Tha'labah had killed a Companion of the Messenger. The people said: O Messenger of Allah! Someone from these Banu Tha'labah has killed so-and-so. He (peace and blessings be upon him) said: "Why should they be punished for someone else's crime?"
Apart from the story, the rest of the hadith is sahih li-ghayrihi (authentic due to supporting narrations).
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الجنايات / 15900
Husayn bin Abi al-Hurr (may Allah have mercy on him) said: My father Malik and my two paternal uncles, Qays and Ubayd, the sons of al-Khashkhash (may Allah be pleased with them), came to the Prophet (peace and blessings be upon him). A complaint had been made concerning them that the sons of their paternal uncle had committed some aggression. So he (peace and blessings be upon him) wrote this letter for them: "This is a letter from Muhammad, the Messenger of Allah (peace and blessings be upon him), to Malik, Ubayd and Qays of Banu al-Khashkhash: You are in safety; your blood and your wealth will remain secure. You cannot be punished for the deeds of others. Yes, you will be punished for whatever your own hands have taken part in."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الجنايات / 15901
It is reported from Ibn Abbas (may Allah be pleased with them both) that he (peace and blessings be upon him) said: "The most hateful of people to Allah are: the one who commits irreligion in the Haram, the one who introduces the ways of Jahiliyyah into Islam, and the one who unjustly sheds someone's blood."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الجنايات / 15902