سنن ترمذي
Tirmidhi
كتاب الديات عن رسول الله صلى الله عليه وسلمThe Book on Blood Money
باب مَا جَاءَ فِي الدِّيَةِ كَمْ هِيَ مِنَ الإِبِلِChapter: What Has Been Related About Blood Money, How Many Camels Is It?
Hadith 1387
اُردوEn
حَدَّثَنَا أَحْمَدُ بْنُ سَعِيدٍ الدَّارِمِيُّ , أَخْبَرَنَا حَبَّانُ وَهُوَ ابْنُ هِلَالٍ , حَدَّثَنَا مُحَمَّدُ بْنُ رَاشِدٍ , أَخْبَرَنَا سُلَيْمَانُ بْنُ مُوسَى , عَنْ عَمْرِو بْنِ شُعَيْبٍ , عَنْ أَبِيهِ , عَنْ جَدِّهِ , أَنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، قَالَ : " مَنْ قَتَلَ مُؤْمِنًا مُتَعَمِّدًا دُفِعَ إِلَى أَوْلِيَاءِ الْمَقْتُولِ , فَإِنْ شَاءُوا قَتَلُوا , وَإِنْ شَاءُوا أَخَذُوا الدِّيَةَ , وَهِيَ ثَلَاثُونَ حِقَّةً , وَثَلَاثُونَ جَذَعَةً , وَأَرْبَعُونَ خَلِفَةً , وَمَا صَالَحُوا عَلَيْهِ فَهُوَ لَهُمْ , وَذَلِكَ لِتَشْدِيدِ الْعَقْلِ " . قَالَ أَبُو عِيسَى : حَدِيثُ عَبْدِ اللَّهِ بْنِ عَمْرٍو حَدِيثٌ حَسَنٌ غَرِيبٌ .
´Narrated Amr bin Shu'aib:` from his father, from his grandfather that the Prophet (ﷺ) said: "Whoever kills [a believer] deliberately, he is handed over to the guardians of the one killed. If they wish to, they have him killed, and if they wish to, they take the blood-money. That is thirty Hiqqah, thirty Jadha'ahs and forty pregnant camels. Whatever (amount more) they require from him, than that is for them (if they choose)." THat is because of the severity of blood-money.
Related hadith on this topic
Explanation & Benefits
Shaykh Dr. Abdur Rahman Freywai
Explanation:
1:
A pregnant she-camel; its plural forms are "khilafaat" and "khala’if."
1:
A pregnant she-camel; its plural forms are "khilafaat" and "khala’if."
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1387
Shaykh Umar Farooq Saeedi
Benefits and Issues:
A believer cannot be killed in retaliation for a disbeliever; this issue will be discussed ahead in hadith 4530.
A believer cannot be killed in retaliation for a disbeliever; this issue will be discussed ahead in hadith 4530.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 4506
Maulana Ataullah Sajid
Benefits and Issues:
(1)
In the case of intentional murder (qatl ‘amd), both retribution (qisas) and blood money (diyah) are permissible.
(2)
With the consent of the heirs of the murdered person, the amount of blood money (diyah) can be reduced, but it cannot be increased.
(3)
There are three types of killing:
Intentional murder (qatl ‘amd):
This refers to a killing in which the attacker’s objective is to kill, so he attacks with a sword or such a weapon from which the struck person generally cannot survive. In this case of murder, the amount of blood money (diyah) is that which is specified in the hadith.
Quasi-intentional murder (qatl shibh al-‘amd):
This refers to when the attacker strikes with something from which the struck person generally does not die, for example, a blow with a stick. The attacker’s intention was to injure or wound, but the struck person, unable to bear the injury or wounds, died. Its blood money (diyah) is also equal to that of intentional murder.
Unintentional murder (qatl khata’):
This refers to when the killer did not intend to kill or harm. Accidentally, a killing occurred without intention, for example: someone fired at a deer or similar animal, but missed the target, or suddenly a person came in front and the shot or arrow struck him and he died. Its blood money (diyah) is also one hundred camels, but their age is set lower. And the condition of being pregnant does not apply. See, Hadith: 2630)
(1)
In the case of intentional murder (qatl ‘amd), both retribution (qisas) and blood money (diyah) are permissible.
(2)
With the consent of the heirs of the murdered person, the amount of blood money (diyah) can be reduced, but it cannot be increased.
(3)
There are three types of killing:
Intentional murder (qatl ‘amd):
This refers to a killing in which the attacker’s objective is to kill, so he attacks with a sword or such a weapon from which the struck person generally cannot survive. In this case of murder, the amount of blood money (diyah) is that which is specified in the hadith.
Quasi-intentional murder (qatl shibh al-‘amd):
This refers to when the attacker strikes with something from which the struck person generally does not die, for example, a blow with a stick. The attacker’s intention was to injure or wound, but the struck person, unable to bear the injury or wounds, died. Its blood money (diyah) is also equal to that of intentional murder.
Unintentional murder (qatl khata’):
This refers to when the killer did not intend to kill or harm. Accidentally, a killing occurred without intention, for example: someone fired at a deer or similar animal, but missed the target, or suddenly a person came in front and the shot or arrow struck him and he died. Its blood money (diyah) is also one hundred camels, but their age is set lower. And the condition of being pregnant does not apply. See, Hadith: 2630)
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2626
