سنن ترمذي
Tirmidhi
كتاب الديات عن رسول الله صلى الله عليه وسلمThe Book on Blood Money
باب مَا جَاءَ فِي حُكْمِ وَلِيِّ الْقَتِيلِ فِي الْقِصَاصِ وَالْعَفْوِChapter: What Has Been Related About The Guardian Of One Who Was Killed Deciding Between Qisas or Pardon
Hadith 1407
اُردوEn
حَدَّثَنَا أَبُو كُرَيْبٍ، حَدَّثَنَا أَبُو مُعَاوِيَةَ، عَنْ الْأَعْمَشِ، عَنْ أَبِي صَالِحٍ، عَنْ أَبِي هُرَيْرَةَ، قَالَ : قُتِلَ رَجُلٌ عَلَى عَهْدِ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَدُفِعَ الْقَاتِلُ إِلَى وَلِيِّهِ , فَقَالَ الْقَاتِلُ : يَا رَسُولَ اللَّهِ , وَاللَّهِ مَا أَرَدْتُ قَتْلَهُ , فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " أَمَا إِنَّهُ إِنْ كَانَ قَوْلُهُ صَادِقًا فَقَتَلْتَهُ دَخَلْتَ النَّارَ " , فَخَلَّى عَنْهُ الرَّجُلُ , قَالَ : وَكَانَ مَكْتُوفًا بِنِسْعَةٍ , قَالَ : فَخَرَجَ يَجُرُّ نِسْعَتَهُ , قَالَ : فَكَانَ يُسَمَّى : ذَا النِّسْعَةِ . قَالَ أَبُو عِيسَى : هَذَا حَدِيثٌ حَسَنٌ صَحِيحٌ , وَالنِّسْعَةُ حَبْلٌ .
´Narrated Abu Hurairah:` "A man was killed during the time of the Messenger of Allah (ﷺ), so the killer was brought to the man's guardian. The killer said: 'O Messenger of Allah! By Allah! I did not mean to kill him.' So the Messenger of Allah (ﷺ) said: 'Then if what he is saying is true, and you kill him, you would enter the Fire.' So he let the man go." He said: "His hands were bound behind him with a Nis'ah." He said: "So he left, dragging his Nis'ah." [He said:] "So he was called Dhan-Nis'ah'."
Related hadith on this topic
Explanation & Benefits
Shaykh Dr. Abdur Rahman Freywai
Explanation:
1:
Because if the killer is truthful in his claim, then in the case of killing him, there is a risk of the heir (wali) becoming sinful. Therefore, not killing him is more appropriate.
1:
Because if the killer is truthful in his claim, then in the case of killing him, there is a risk of the heir (wali) becoming sinful. Therefore, not killing him is more appropriate.
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1407
Hafiz Muhammad Ameen
(1) The heir of the murdered person should not hasten to take retribution (qisas), but rather should forgive. Although taking retribution is permissible, forgiving is a great virtue. It is possible that the killer is innocent or did not commit the murder intentionally, etc.
(2) This hadith also indicates that if a person is given a nickname due to his profession or some other characteristic, and he does not consider it offensive, then it is permissible. As in the hadith, the noble Companions (radi Allahu anhum) used to call the person mentioned “Dhu al-Ni‘al” (the one with the rope or string), meaning that due to the rope hanging around his neck, he became known by this nickname.
(3) “Handed over”: According to the Shari‘ah, the right of retribution (qisas) belongs to the heirs of the murdered person. If they wish, they may kill (the murderer), or if they wish, they may forgive. Therefore, the Prophet (sallallahu alayhi wa sallam) handed the killer over to the heir of the murdered person. It is not necessary for the government itself to carry out the killing; however, it is not correct to kill the murderer on one’s own before the judge’s decision, as this would be taking the law into one’s own hands. But when the judge hands over the killer, then it is permissible to kill him.
(4) “He will go to the Fire.” Because only one who has committed intentional murder can be killed in retribution (qisas). According to the statement of the killer, this killing did not occur intentionally, so he was not deserving of being killed. However, the Prophet’s (sallallahu alayhi wa sallam) handing over of the killer to the heirs of the murdered person indicates that the apparent circumstances of this killing were those of intentional murder. Allah Ta‘ala knows best the intention of the killer. Thus, even in such a case, the heirs of the murdered person should pardon the killer so that no one is killed unjustly. Although the judge will decide according to the apparent circumstances, the heirs of the murdered person may grant this concession.
(2) This hadith also indicates that if a person is given a nickname due to his profession or some other characteristic, and he does not consider it offensive, then it is permissible. As in the hadith, the noble Companions (radi Allahu anhum) used to call the person mentioned “Dhu al-Ni‘al” (the one with the rope or string), meaning that due to the rope hanging around his neck, he became known by this nickname.
(3) “Handed over”: According to the Shari‘ah, the right of retribution (qisas) belongs to the heirs of the murdered person. If they wish, they may kill (the murderer), or if they wish, they may forgive. Therefore, the Prophet (sallallahu alayhi wa sallam) handed the killer over to the heir of the murdered person. It is not necessary for the government itself to carry out the killing; however, it is not correct to kill the murderer on one’s own before the judge’s decision, as this would be taking the law into one’s own hands. But when the judge hands over the killer, then it is permissible to kill him.
(4) “He will go to the Fire.” Because only one who has committed intentional murder can be killed in retribution (qisas). According to the statement of the killer, this killing did not occur intentionally, so he was not deserving of being killed. However, the Prophet’s (sallallahu alayhi wa sallam) handing over of the killer to the heirs of the murdered person indicates that the apparent circumstances of this killing were those of intentional murder. Allah Ta‘ala knows best the intention of the killer. Thus, even in such a case, the heirs of the murdered person should pardon the killer so that no one is killed unjustly. Although the judge will decide according to the apparent circumstances, the heirs of the murdered person may grant this concession.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4726
