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سنن ترمذي
Tirmidhi
كتاب الديات عن رسول الله صلى الله عليه وسلمThe Book on Blood Money
باب مَا جَاءَ فِي الْقَسَامَةِChapter: What Has Been Related About Al-Qasamah
Hadith 1422
اُردوEn
حَدَّثَنَا قُتَيْبَةُ , حَدَّثَنَا اللَّيْثُ بْنُ سَعْدٍ , عَنْ يَحْيَى بْنِ سَعِيدٍ , عَنْ بُشَيْرِ بْنِ يَسَارٍ , عَنْ سَهْلِ بْنِ أَبِي حَثْمَةَ , قَالَ يَحْيَى : وَحَسِبْتُ عَنْ رَافِعِ بْنِ خَدِيجٍ , أَنَّهُمَا قَالَا : خَرَجَ عَبْدُ اللَّهِ بْنُ سَهْلِ بْنِ زَيْدٍ , وَمُحَيِّصَةُ بْنُ مَسْعُودِ بْنِ زَيْدٍ , حَتَّى إِذَا كَانَا بِخَيْبَرَ تَفَرَّقَا فِي بَعْضِ مَا هُنَاكَ , ثُمَّ إِنَّ مُحَيِّصَةَ وَجَدَ عَبْدَ اللَّهِ بْنَ سَهْلٍ قَتِيلًا قَدْ قُتِلَ فَدَفَنَهُ , ثُمَّ أَقْبَلَ إِلَى رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ هُوَ وَحُوَيِّصَةُ بْنُ مَسْعُودٍ , وَعَبْدُ الرَّحْمَنِ بْنُ سَهْلٍ , وَكَانَ أَصْغَرَ الْقَوْمِ ذَهَبَ عَبْدُ الرَّحْمَنِ لِيَتَكَلَّمَ قَبْلَ صَاحِبَيْهِ , قَالَ لَهُ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " كَبِّرْ لِلْكُبْرِ " , فَصَمَتَ وَتَكَلَّمَ صَاحِبَاهُ , ثُمَّ تَكَلَّمَ مَعَهُمَا , فَذَكَرُوا لِرَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَقْتَلَ عَبْدِ اللَّهِ بْنِ سَهْلٍ , فَقَالَ لَهُمْ : " أَتَحْلِفُونَ خَمْسِينَ يَمِينًا فَتَسْتَحِقُّونَ صَاحِبَكُمْ , أَوْ قَاتِلَكُمْ " , قَالُوا : وَكَيْفَ نَحْلِفُ وَلَمْ نَشْهَدْ , قَالَ : " فَتُبَرِّئُكُمْ يَهُودُ بِخَمْسِينَ يَمِينًا " قَالُوا : وَكَيْفَ نَقْبَلُ أَيْمَانَ قَوْمٍ كُفَّارٍ , فَلَمَّا رَأَى ذَلِكَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أَعْطَى عَقْلَهُ . حَدَّثَنَا الْحَسَنُ بْنُ عَلِيٍّ الْخَلَّالُ , حَدَّثَنَا يَزِيدُ بْنُ هَارُونَ , أَخْبَرَنَا يَحْيَى بْنُ سَعِيدٍ , عَنْ بُشَيْرِ بْنِ يَسَارٍ , عَنْ سَهْلِ بْنِ أَبِي حَثْمَةَ , وَرَافِعِ بْنِ خَدِيجٍ , نَحْوَ هَذَا الْحَدِيثِ بِمَعْنَاهُ , قَالَ أَبُو عِيسَى : هَذَا حَدِيثٌ حَسَنٌ صَحِيحٌ , وَالْعَمَلُ عَلَى هَذَا الْحَدِيثِ عِنْدَ أَهْلِ الْعِلْمِ فِي الْقَسَامَةِ , وَقَدْ رَأَى بَعْضُ فُقَهَاءِ الْمَدِينَةِ الْقَوَدَ بِالْقَسَامَةِ , وقَالَ بَعْضُ أَهْلِ الْعِلْمِ مِنْ أَهْلِ الْكُوفَةِ وَغَيْرِهِمْ : إِنَّ الْقَسَامَةَ لَا تُوجِبُ الْقَوَدَ , وَإِنَّمَا تُوجِبُ الدِّيَةَ .
´Narrated Sahl bin Abi Hatamah:` Yahya (one of the narrators) said: And I think it was from Rafi' bin Khadij - that 'Abdullah bin Sahl bin Zaid and Muhaiysah bin Mas'ud bin Zaid went out and when they reached Khaibar they separated while there. Then Muhayyisah found 'Abdullah bin Sahl murdered [so he buried him]. Then he went to the Messenger of Allah (ﷺ) along with Huwayyisah bin Mas'ud and Abdur-Rahman bin Sahl. The youngest of the people, Abdur-Rahman, went to speak ahead of his companions. The Messenger of Allah (ﷺ) said to him: "Let the eldest of you speak." So he was silent and two companions spoke. So he conversed with them and they mentioned to the Messenger of Allah (ﷺ) about the murder of 'Abdullah bin Sahl. He said to them: "If fifty of you can swear an oath then you will have the right against the murderer." They said: "How can we take an oath when we did not witness it?" He said: "Then fifty of Jews can swear to clear the charge with you?" They said: "How could we accept the oaths of a disbelieving people?" So when he saw that, the Messenger of Allah (ﷺ) paid the blood-money." (Another Chain) from Sahl bin Abi Hathman and Rafi' bin Khadij, and the meaning is similar to this Hadith.
Related hadith on this topic
Brief Explanation
1؎ : Paid from the Bayt al-Mal (public treasury) or from his own pocket.
2؎ : «قسامہ» : In the case of an unknown murder, taking oaths from the suspected individuals or the people of the settlement is called qasamah. Its procedure is as follows: if a person is found murdered and no one knows who the killer is, and there is no testimony available against the killer, then based on certain circumstantial evidence, the heirs (awliya) of the murdered person may present a claim against a specific individual, alleging that so-and-so killed their relative. For example, if there is enmity between the murdered person and the defendant (muda‘a ‘alayh), or the murdered person is found near the house of the defendant, or the belongings of the murdered person are found with someone—these are all circumstantial evidences. In such a case, the claimant (muda‘i) will take fifty oaths against the defendant and thus become entitled to the blood money (diyah) of the murdered person. If the claimant refuses to take the oaths, then the defendant may take oaths and be acquitted from the liability of blood money. If neither party takes oaths, then the blood money will be paid from the Bayt al-Mal (public treasury).
2؎ : «قسامہ» : In the case of an unknown murder, taking oaths from the suspected individuals or the people of the settlement is called qasamah. Its procedure is as follows: if a person is found murdered and no one knows who the killer is, and there is no testimony available against the killer, then based on certain circumstantial evidence, the heirs (awliya) of the murdered person may present a claim against a specific individual, alleging that so-and-so killed their relative. For example, if there is enmity between the murdered person and the defendant (muda‘a ‘alayh), or the murdered person is found near the house of the defendant, or the belongings of the murdered person are found with someone—these are all circumstantial evidences. In such a case, the claimant (muda‘i) will take fifty oaths against the defendant and thus become entitled to the blood money (diyah) of the murdered person. If the claimant refuses to take the oaths, then the defendant may take oaths and be acquitted from the liability of blood money. If neither party takes oaths, then the blood money will be paid from the Bayt al-Mal (public treasury).
Explanation & Benefits
Shaykh Dr. Abdur Rahman Freywai
Explanation:
1:
He paid it either from the public treasury (Bayt al-Mal) or from his own wealth.
1:
He paid it either from the public treasury (Bayt al-Mal) or from his own wealth.
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1422
Maulana Dawood Raz
Hadith Commentary:
The hadith mentions *qasaamah*, the details of which have already been discussed previously.
If there is no eyewitness testimony regarding a murdered person, then fifty men from his tribe will swear oaths, naming the suspected killer according to their belief, saying, "By Allah, he is the killer." In this case, they become entitled to the blood money (diyah); this is what is called *qasaamah*.
The hadith instructs that in every matter, elders should be given precedence; this is the connection to the chapter.
From this, it is evident how significant the issue of unlawful killing is in Islamic law.
The hadith mentions *qasaamah*, the details of which have already been discussed previously.
If there is no eyewitness testimony regarding a murdered person, then fifty men from his tribe will swear oaths, naming the suspected killer according to their belief, saying, "By Allah, he is the killer." In this case, they become entitled to the blood money (diyah); this is what is called *qasaamah*.
The hadith instructs that in every matter, elders should be given precedence; this is the connection to the chapter.
From this, it is evident how significant the issue of unlawful killing is in Islamic law.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 6142
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
If there are no eyewitnesses regarding a murdered person, then fifty men from his tribe should testify that so-and-so is his killer; in this case, they become entitled to blood money (diyah). This is what is called qasamah. Its explanation has already been given earlier.
(2)
Imam Bukhari rahimahullah has established from this hadith the respect due to elders: that they should be given the opportunity to speak. Thus, the Messenger of Allah sallallahu alayhi wa sallam instructed the elder in age to speak so that the full circumstances and details of the incident would become clear. Otherwise, the actual claimant was the brother of the murdered person, ‘Abdur-Rahman radi Allahu anhu, but he was younger in age.
In any case, in every matter, elders are to be given precedence. However, if the younger person possesses information that the elders do not, then he should be given the first opportunity to speak, as is evident from the following hadith.
(1)
If there are no eyewitnesses regarding a murdered person, then fifty men from his tribe should testify that so-and-so is his killer; in this case, they become entitled to blood money (diyah). This is what is called qasamah. Its explanation has already been given earlier.
(2)
Imam Bukhari rahimahullah has established from this hadith the respect due to elders: that they should be given the opportunity to speak. Thus, the Messenger of Allah sallallahu alayhi wa sallam instructed the elder in age to speak so that the full circumstances and details of the incident would become clear. Otherwise, the actual claimant was the brother of the murdered person, ‘Abdur-Rahman radi Allahu anhu, but he was younger in age.
In any case, in every matter, elders are to be given precedence. However, if the younger person possesses information that the elders do not, then he should be given the first opportunity to speak, as is evident from the following hadith.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 6142
Hafiz Imran Ayyub Lahori
Takhrij al-Hadith:
[193۔ البخاري فى : 8 كتاب الصلاة : 4 باب الصلاة فى الثوب الواحد ملتحفا به 280، مسلم 336، ترمذي 2734]
Understanding of the Hadith: It is understood that one should perform the ritual bath (ghusl) at a place with a covering. It is also understood that, honoring the woman, the Messenger of Allah (sallallahu alayhi wa sallam) accepted her protection.
[193۔ البخاري فى : 8 كتاب الصلاة : 4 باب الصلاة فى الثوب الواحد ملتحفا به 280، مسلم 336، ترمذي 2734]
Understanding of the Hadith: It is understood that one should perform the ritual bath (ghusl) at a place with a covering. It is also understood that, honoring the woman, the Messenger of Allah (sallallahu alayhi wa sallam) accepted her protection.
Source: Jawahir al-Iman: Commentary on al-Lu'lu wal-Marjan, Page: 193
Shaykh Maulana Abdul Aziz Alvi
Hadith Commentary:
Benefits and Issues:
(1)
From this hadith, it is understood that it is permissible to greet (say salam to) and have necessary conversation with a person bathing in privacy, provided that he is covered with a cloth, because the Prophet (sallallahu alayhi wa sallam) could not have been uncovered in front of his daughter.
(2)
If a woman grants protection (aman) to a person, it will be valid and enforceable. It is not permissible to break her protection. This is the position of Imam Shafi'i rahimahullah and the majority (jumhur). According to Imam Abu Hanifah rahimahullah and Imam Malik rahimahullah, the protection granted by a woman is subject to the discretion of the Imam (leader/ruler); he may uphold it or annul it as he wishes.
Benefits and Issues:
(1)
From this hadith, it is understood that it is permissible to greet (say salam to) and have necessary conversation with a person bathing in privacy, provided that he is covered with a cloth, because the Prophet (sallallahu alayhi wa sallam) could not have been uncovered in front of his daughter.
(2)
If a woman grants protection (aman) to a person, it will be valid and enforceable. It is not permissible to break her protection. This is the position of Imam Shafi'i rahimahullah and the majority (jumhur). According to Imam Abu Hanifah rahimahullah and Imam Malik rahimahullah, the protection granted by a woman is subject to the discretion of the Imam (leader/ruler); he may uphold it or annul it as he wishes.
Source: Tuhfat al-Muslim: Commentary on Sahih Muslim, Page: 1669
Shaykh Umar Farooq Saeedi
Benefits and Issues:
Qasamah is derived from qasam (oath) and refers to the repeated taking of oaths. Its detail is as follows: when a murder takes place somewhere and the killer is unknown, and there is no testimony present, but the heirs of the murdered person accuse a person or persons of the killing, and there are some indications as well—for example, there is enmity between those people, or the murder occurred in their area, or the belongings of the murdered person are found with someone, or other such signs are present—then the claimants first take fifty oaths that such-and-such person or persons are the killers of our man.
In this way, their claim will be established. If the claimants do not take the oaths, then the defendant(s) will take fifty oaths and will be acquitted.
If the matter cannot be clarified, then the blood money (diyah) of the murdered person will be paid from the public treasury (bayt al-mal).
Qasamah is derived from qasam (oath) and refers to the repeated taking of oaths. Its detail is as follows: when a murder takes place somewhere and the killer is unknown, and there is no testimony present, but the heirs of the murdered person accuse a person or persons of the killing, and there are some indications as well—for example, there is enmity between those people, or the murder occurred in their area, or the belongings of the murdered person are found with someone, or other such signs are present—then the claimants first take fifty oaths that such-and-such person or persons are the killers of our man.
In this way, their claim will be established. If the claimants do not take the oaths, then the defendant(s) will take fifty oaths and will be acquitted.
If the matter cannot be clarified, then the blood money (diyah) of the murdered person will be paid from the public treasury (bayt al-mal).
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 4520
Hafiz Muhammad Ameen
Urdu footnote:
"The blood money was given"—the blood of an innocent murdered Muslim does not go in vain, therefore the Prophet (sallallahu alayhi wa sallam) paid the blood money (diyah) from the public treasury (bayt al-mal). In this way, the dispute was resolved. This was the perfect insight and understanding of the Prophet (sallallahu alayhi wa sallam), otherwise, they were not entitled to the blood money because they themselves were not prepared to take oaths, nor did they accept the oaths of the defendants.
"The blood money was given"—the blood of an innocent murdered Muslim does not go in vain, therefore the Prophet (sallallahu alayhi wa sallam) paid the blood money (diyah) from the public treasury (bayt al-mal). In this way, the dispute was resolved. This was the perfect insight and understanding of the Prophet (sallallahu alayhi wa sallam), otherwise, they were not entitled to the blood money because they themselves were not prepared to take oaths, nor did they accept the oaths of the defendants.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4716
