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41. Types of Blood-Wit (Kitab Al-Diyat)

كتاب الديات

102 hadis

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4546

Abu Dawud said:

I read out to Sa'id b. Ya'qub al-Taliqini who said: Abu Tumailah transmitted to us, saying: Muhammad b. Ishaq transmitted to us saying: 'Ata reported Jabir b. 'Abd Allah as saying: The Messenger of Allah (ﷺ) fixed; and he mentioned the tradition like that of Musa; he said: And those who possess corn food should pay something which I do not remember.

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4547

Narrated Abdullah ibn Mas'ud:

The Prophet (ﷺ) said: The blood-wit for accidental killing should be twenty she-camels which had entered their fourth year, twenty she-camels which had entered their fifth year, twenty she-camels which had entered their second year, twenty she-camels which had entered their third year, and twenty male camels which had entered their second year. It does not beyond Ibn Mas'ud.

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4548

Narrated Abdullah ibn Abbas:

A man of Banu Adi was killed. The Prophet (ﷺ) fixed his blood-wit at the rate of twelve thousand (dirhams). Abu Dawud said: Ibn 'Uyainah transmitted it from 'Amr, from 'Ikrimah, from the Prophet (ﷺ), and he did not mention Ibn 'Abbas.

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4549

Narrated Abdullah ibn Amr:

(Musaddad's version has): The Messenger of Allah (ﷺ) made a speech on the day of the conquest of Mecca, and said: Allah is Most Great, three times. He then said: There is no god but Allah alone: He fulfilled His promise, helped His servant, and alone defeated the companies. (The narrator said:…

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4550

The tradition mentioned above has also been transmitted by Khalid through the same chain of narrators to the same effect.

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4551

The tradition mentioned above has also been transmitted by Ibn 'Umar from the Prophet (ﷺ) to the same effect. This version has:

The Messenger of Allah (ﷺ) addressed on the day of Conquest, or he said: On the conquest of Mecca on the ladder of the House or of the Ka'bah. Abu Dawud said: In a similar way of Ibn 'Uyainah also transmitted it from 'Ali b. Zaid, from al-Qasim b. Rab'iah, from Ibn 'Umar, from the Prophet (ﷺ) ; an…

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4552

Narrated Mujahid:

'Umar gave judgement that bloodwit for quasi-intentional murder should be thirty she-camels in their fourth year, thirty she-camels in their fifth year, and forty pregnant she-camels in their sixth year up to the ninth

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4553

Narrated 'Abd Allah (b. Mas'ud):

The bloodwit for unintentional murder which resembles intentional is twenty-five she camels which entered their fourth year, twenty five she-camels which had entered their fifth year, twenty five she-camels which had entered their third year, and twenty five camels which had entered their second year.

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4554

Narrated 'Ali:

The bloodwit for unintentional murder is in four parts: twenty five she-camels in their fourth year, twenty five she-camels in their fifth year, twenty five she-camels in their third year, and twenty twenty five she-camels in their second year.

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4555

Narrated 'Uthman b. 'Affan and Zaid b. Thabit:

The bloodwit for what resembled intentional murder should be forty pregnant she-camels in their fifth year, thirty she-camels in their fourth year, and thirty she-camels in their third year. The bloodwit for unintentional murder is thirty she-camels in their fourth year, thirty she-camels in their third year, and twenty she-camels in their second year.

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4556

Narrated Zaid b. Thabit:

About the bloodwit for quasi-intentional murder..... He then mentioned a similar tradition as mentioned above.

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4557

Narrated Abu Dawud:

Abu Dawud and others have said: When a she-camel enters fourth year, the female is called hiqqah, and the male is called hiqq, for it deserves that it should be loaded and ridden. When a camel enters its fifth year, the male is called Jadha' and the female is called Jadha'ah. When it enters its sixt…

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4558

Narrated AbuMusa:

The Prophet (ﷺ) said: The fingers are equal: ten camels for each finger.

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4559

Narrated AbuMusa al-Ash'ari:

The Prophet (ﷺ) said: The fingers are equal. I asked: Ten camels for each? He replied: Yes. Abu Dawud said: Muhammad b. Ja'far transmitted it from Shu'bah, from Ghalib, saying: I heard Masruq b. Aws ; and Isma'il transmitted it, saying: Ghalib al-Tammar transmitted it to me through the chain of …

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4560

Narrated Ibn 'Abbas:

The Messenger of Allah (ﷺ) as saying: This and that are equal, that is, the thumb and the little finger.

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4561

Narrated Abdullah ibn Abbas:

The Prophet (ﷺ) said: The fingers are equal and the teeth are equal. The front tooth and the molar tooth are equal, this and that are equal. Abu Dawud said: Nadr b. Shumail transmitted it from Shu'bah to the same effect as mentioned by 'Abd al-Samad. Abu Dawud said: al-Darimi narrated it to me from al-Nadr.

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4562

Narrated Abdullah ibn Abbas:

The Prophet (ﷺ) said: The teeth are equal, and the fingers are equal.

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4563

Narrated Abdullah ibn Abbas:

The Messenger of Allah (ﷺ) treated the fingers and toes as equal.

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4564

Narrated 'Amr b. Suh'aib:

On his father's authority, said that his grandfather said: The Prophet (ﷺ) said in his address while he was leaning against the Ka'bah: (The blood-wit) for each finger is ten camels.

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4565

Narrated 'Amr b. Suh'aib:

On his father's authority, said that his grandfather said: The Prophet (ﷺ) said: For each tooth are ten camels.

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4566

Narrated Abu Dawud:

I found in my notebook from Shaiban and I did not hear from him ; Abu Bakr, a reliable friend of ours, said: Shaiban - Muhammad b. Rashid - Sulaiman b. Musad - 'Amr b. Suh'aib, On his father's authority, said that his grandfather said: The Messenger of Allah (ﷺ) would fix the blood-money for acciden…

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4567

Narrated 'Amr b. Suh'aib:

On his father's authority, said that his grandfather reported the Prophet (ﷺ) said: Blood-wit for what resembles intentional murder is to be made as severe as that for intentional murder, but the culprit is not to be killed. Khalid gave us some additional information on the authority of Ibn Rashid: …

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4568

Narrated Abdullah ibn Amr ibn al-'As:

The Prophet (ﷺ) said: Blood-wit for every wound which lays bare a bone is five camels.

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4569

Narrated 'Amr b. Suh'aib:

On his father's authority, said that his grandfather said: The Messenger of Allah (ﷺ) gave judgment that a third of the blood-wit should be paid for an eye fixed in its place.

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4570

Narrated Al-Mughirah b. Shu'bah:

A man of Hudhail has two wives. One of them struck her fellow-wife with a tent-pole and killed her and her unborn child. They brought the dispute to the Prophet (ﷺ). One of two men said: How can we pay bloodwit for the one who did not make a noise, or ate, nor drank, nor raised his voice ? He (the P…

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4571

The tradition mentioned above has also been transmitted by Mansur through a different chain of narrators and to the same effect. This version adds:

The Prophet (ﷺ) fixed the bloodwit for the slain woman to be paid by the relatives of the woman who had slain her, on the father's side. Abu Dawud said: In a similar way it has been transmitted by al-Hakam from Mujahid from al-Mughirah.

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4572

Narrated Al-Miswar b. Makhramah:

'Umar consulted the people about the compensation of abortion of woman. Al-Mughirah b. Shu'bah said: I was present with the Messenger of Allah (ﷺ) when he gave judgement that a male or female slave should testify you. So he brought Muhammad b. Maslamah to him. Harun added: He then testified him. I…

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4573

The tradition mentioned above has also been transmitted by 'Umar through a different chain of narrators to the same effect. Abu Dawud said:

Hammad b. Zaid and Hammad b. Salamah transmitted it from Hisham b. 'Arubah on his father's authority who said that 'Umar said...

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4574

Narrated Ibn 'Abbas:

'Umar asked about the decision of the Prophet (ﷺ) about that (i.e. abortion). Haml b. Malik b. al-Nabhigah got up and said: I was between two women. One of them struck another with a rolling-pin killing both her and what was in her womb. So the Messenger of Allah (ﷺ) gave judgement that the bloodwit…

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4575

Narrated Tawus:

Umar stood on the pulpit. He then mentioned the rest of the tradition to the same effect as mentioned before. He did not mention "that she should be killed". This version adds: "a male or a female slave". Umar then said: Allah is Most Great. Had I not heard it, we would have decided about it something else.

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4576

Narrated Abdullah ibn Abbas:

About the story of Haml ibn Malik, Ibn Abbas said: She aborted a child who had grown hair and was dead, and the woman also died. He (the Prophet) gave judgment that the blood-wit was to be paid by the woman's relatives on the father's side. Her uncle said: Messenger of Allah! She has aborted a child…

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4577

Narrated Jabir ibn Abdullah:

One of the two women of Hudhayl killed the other, Each of them had husband and sons. The Messenger of Allah (ﷺ) fixed the blood-wit for the slain woman to be paid by the woman's relatives on the father's side. He declared her husband and the child innocent. The relatives of the woman who killed said…

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4578

Narrated Abu Hurairah:

Two women of Hudhail fought together and one of them threw a stone at the other and killed her. They brought their dispute to the Messenger of Allah (ﷺ) who gave judgement that a male or female slave of the best quality should be given as compensation for her unborn child, and he fixed it to be paid…

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4579

Narrated Abu Hurairah:

About this story: Then the woman, against whom he decided that a male or female should be paid for her, died. The Messenger of Allah (ﷺ) then gave judgement that her sons will inherit from her, and the bloodwit should be paid by her relatives on the father's side.

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4580

Narrated Buraydah ibn al-Hasib:

A woman threw a stone at another woman and she aborted. The dispute was brought to the Messenger of Allah (ﷺ). He gave judgment that five hundred sheep should be paid for her (unborn) child, and forbade throwing stones. Abu Dawud said: The version of this tradition goes in this way, i.e. five hun…

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4581

Narrated AbuHurayrah:

The Messenger of Allah (ﷺ) gave judgment that a male or a female slave, or a horse or a mule should be paid for a miscarriage. Abu Dawud said: Hammad b. Salamah and Khalid b. 'Abd Allah transmitted this tradition from Muhammad b. 'Amr, but they did not mention "or a horse or a mule"

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4582

Narrated Al-Sha'bi:

The price of a male or a female slave is five hundred dirhams. Abu Dawud said: Rabi'ah said: The price of a male or a female slave is fifty dinars.

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4583

Narrated Abdullah ibn Abbas:

The Messenger of Allah (ﷺ) gave judgment about the slave who had made an agreement to purchase his freedom (mukatab) and he had been killed that blood-wit is paid for him at the rate paid for a free man so far as he has paid the purchase money, and at the rate paid for a slave as the remainder is concerned.

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4584

Narrated Abdullah ibn Abbas:

The Prophet (ﷺ) said: When a mukatab (a slave who has made an agreement to purchase his freedom) gifts blood-money or an inheritance, he can inherit in accordance with the extent to which he has been emancipated. Abu Dawud said: Wuhaib transmitted it from Ayyub, from 'Ikrimah, on the authority of…

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4585

Narrated 'Amr b. Suh'aib:

On his father's authority, said that his grandfather reported the Messenger of Allah (ﷺ) said: The blood-wit for a man who makes a covenant is half of the blood-wit for a free man. Abu Dawud said: It has been transmitted by Usamah b. Zaid al-Laithi and 'Abd al-Rahman b. al-Harith on the authority of 'Amr b. Suh'aib in similar manner.

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4586

Narrated Safwan b. Ya'la:

On this father's authority, said: A servant of mine fought with a man and bit his hand and he drew away his hand. (One of) his front teeth fell out. So he came to the Prophet (ﷺ) who imposed no retaliation for his tooth, saying: Do you intend that he leaves his hand in your mouth so that you crunch it like a male camel ? He said: Ibn Abi Mulaikah told me on the authority of his grandfather that Abu Bakr (ra) imposed no retaliation on him for it, saying: May his tooth go away!

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4587

The tradition mentioned above has also been transmitted by Ya'la b. Umayyah through a different chain of narrators. This version has:

The Prophet (ﷺ) said to the man bit him: If you wish that you give him control over your hand and he bites it, and then you drive it away from his mouth (you may do it). He imposed no retaliation for his teeth.

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4588

Narrated 'Amr b. Suh'aib:

On his father's authority, said that his grandfather reported the Messenger of Allah (ﷺ) said: Anyone who practises medicine when he is not known as a practitioner will be held responsible. Abu Dawud said: This has been transmitted by al-Walid alone. We do not know whether it is sound or not.

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4589

Narrated AbdulAziz ibn Umar ibn AbdulAziz:

Some people of the deputation which came to my father reported the Messenger of Allah (ﷺ) as saying: Any physician who practises medicine when he was not known as a practitioner before that and he harms (the patients) he will be held responsible. AbdulAziz said: Here physician does not refer to a man by qualification. it means opening a vein, incision and cauterisation.

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4590

Narrated Abdullah ibn Amr ibn al-'As:

The Prophet (ﷺ) said: Musaddad's version has: He addressed on the day of Conquest. The agreed version then goes: Beware! Every object of pride of pre-Islamic times, whether it is blood-vengeance or property, mentioned or claimed, has been put under my feet except supply of water to the pilgrims and …

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4591

The tradition mentioned above has also been transmitted by Khalid with a different chain of narrators to the same effect.

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4592

Narrated Imran ibn Husayn:

A servant of some poor people cut off the ear of the servant of some rich people. His people came to the Prophet (ﷺ) and said: Messenger of Allah! we are poor people. So he imposed no compensation on them.

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4593

Narrated Abdullah ibn Abbas:

The Prophet (ﷺ) said: If anyone is killed blindly or, when people are throwing stones, by a stone or a whip, his blood-wit is the blood-wit for an accidental murder. But if anyone is killed intentionally, retaliation is due. If anyone tries to prevent it, the curse of Allah, of angels, and of all the people will rest on him.

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4594

Narrated Abu Hurayrah:

The Prophet (ﷺ) said: No recompense is to be demanded if one is kicked by an animal. Abu Dawud said: An animal kicks someone with its leg while one is riding on it.

Sünen-i Ebî DâvûdTypes of Blood-Wit (Kitab Al-Diyat)
#4595

Narrated Abu Hurairah:

The Messenger of Allah (ﷺ) as saying: No retaliation is payable for a wound caused by a dumb animal, for a mine, and for a well. On the treasure found buried in the land there is a fifth. Abu Dawud said: A dumb animal means an animal which is free and has not tether, and there is no one (as a watchman) with it. It causes harm by day and not by night.

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