45. The Book of Oaths (qasamah), Retaliation and Blood Money

It was narrated that Ibn 'Abbas said:

"The first instance of Qasamah during the Jahiliyyah involved a man from Banu Hashim who was employed by a man from Quraish, from another branch of the tribe. He went out with him, driving his camels and another man from Banu Hashim passed by them. The leather rope of that man's bag broke, so he sai…

Abu Salamah and Sulaiman bin Yasar narrated from one of the Companions of the Messenger of Allah, one of the Ansar, that:

the Messenger or Allah approved of Qasamah as it had been during the Jahiliyyah.

it was narrated from Abu Salamah and Sulaiman bin Yasar, from some of the Companions of the Messenger of Allah, that:

Qasamah existed during the Jahiliyyah and the Messenger of Allah approved of it as it had been during the Jahiliyyah, and he ruled accordingly among some of the Ansar concerning a victim whom they claimed the Jews of Khaibar had Killed. (Sahih) Ma'mar contradicted the two of them.

It was narrated that Ibn Al-Musayyab said:

"Qasamah existed during the Jahiliyyah, then the Messenger of Allah confirmed it in the case of an Ansari who was found slain in the dry well of the jews, and Ansar said: "The Jews kill our companion."'

It was narrated from Sahl bin Abi Hathmah that:

'Abdullah bin Sahl and Muhayysah set out for Khaibar because of some problem that had arisen. Someone came to Muhayysah and he told him that 'Abdullah bin Sahl had been Killed and thrown into a pit, or a well. He came to the Jews and said: "By Allah, you killed him. " They said: "By Allah, we did no…

It was narrated from Abu Laila bin 'Abdullah bin 'Abdur-Rahman bin Sahl, from Sahl bin Abi Hathmah, that:

he informed him, ans some men among the elders of his people, that "Abdullah bin Sahl and Muhayysah set out for Khaibar because of some problem that had arisen. Someone came to Muhayysah, and he told him that 'Abdullah bin Sahl had been killed and thrown into a pit or well. He came to the Jews and s…

It was narrated from Yahya, from Bushair bin Yasa, from Sahl bin Abi Hathmah who said - and I think he said:

and from Rafi bin Khadij, the two of them said - :"Abdullah bin Sahl bin Zaid and Muhayysah bin Mas'ud went out until when they reached Khaibar, they went their separate ways. Then Muhayysah found 'Abdullah bin Sahl slain, so he buried him. Then he came to the Mesenger of Allah, along with Huwayysah…

It was narrated from Sahl bin Ab Hathmah and Rafi bin Khadij that:

Muhayysah bin Mas'ud and 'Abdullah bin Sahl went to Khaibar for some need they had there, and they parted among the palm trees. 'Abdullah bin Sahl was killed, and 'Abdullah bin Sahl was killed, and his brother 'Abdur-Rahman bin Shl, and Huwayysah, and Musayysah, his paternal cousins, came to the Mes…

It was narrated from Sahi bin Abi Hathmah that:

'Abdullah bin SAahi and Nubayysah bin Mas'ud bin Zaid went o Khaibar, and at that time there was peace treaty. They went their separate ways to about their business, then Muhayysah came upon 'Abdullah in Sahl lying dead in a pool of blood. He buried him, then he came to AL-Madinah. 'Abdur-Rahman bin…

It was narratd that Sahl bin Abi Hatmah said:

"Abdullah bin Sahl and Muhayysah bin Mas'ud bin Zaid went to Khaibar, and at that time there was a peace treaty. They went their separatea ways to go about their business, then Muhayysah came upon 'Abdullah bin Sahl lying dead in a pool of blood. He buried him, then he camae to Al-Madinah. 'Abdur-Ra…

It was narrated from Sahl bin Abi Hathmah that:

'Abdullah bin Sahi Al-Anasri and Muhayysah bin Mas'ud went out to Khaibar and went their separate ways to go about their business. 'Abdullah bin Sahl Al-Anasari was killed and Muhayysah. 'Abdur-Rahman, who was the brother of the victim, and Huwayysah, came to the Messenger of Allah. 'Abdur-Rahman st…

It was narrated that Sahl bin Abi Hathmah said:

"Abdullah bin Sahl was found slain, and his brother, and two paternal uncles, Huwayysah and Huwayisaah, who were the paternal uncles of 'Abdullah bin Sahl, came to the Messenger of Allah. 'Abdur-Rahman started to speak, but the Messenger of Allah said: "Let the elders speak first." They said: "O Mes…

It was narrated from Bushair bin Yasar that:

'Abdullah bin Sahl Al-Ansari and Muhayysah bin Mas'ud went out to Khaibar, where they went their separate ways to go about their business. 'Abdullah bin Sahl was killed, and Muhayysah came (to Madinah) and went with his brother Huwayysah and 'Abdur-Rahman bin Sahl to the Messenger of Allah. 'Abdur-R…

It was narrated from Sa'eed bin 'Ubaid At-Ta'l from Bushair bin Yasar who said:

"A man from among the Ansar who was called Sahl bin Abi Hathmah told him that some of his people went to Khaibar, where they went their separate ways. Then they found one of their numbers slain. They said to those in whose land they found him: 'You killed our companion!' They said: 'We did not kill …

It was narrated from 'Amr bin Shu'aib, from his father, from his grandfather, that:

the younger son of Muhayysah was found slain one morning at the gate of one morning at the gates of Khaibar. The Messenger of Allah said: "Bring two witnesses to (say) who killed him, and he will hand him over to you." He said: "O Messenger of Allah, where shall I get two witnesses? He was found sla…

It was narrated from 'Abdullah that the Messenger of Allah said:

"It is not permissible to shed the blood of a Muslim except in one of three cases: A soul for a soul, a adulterer who has been married, and one who separates leaving his religion."

It was narrated that Abu Hurairah said:

"A man was killed during the time of the Messenger of Allah, and the Killer was brought to the Prophet. He handed him over to the heir of the victim, but the killer said: 'O Messenger of Allah, by Allah I did not means to kill him.' The Messenger of Allah said to the next of kin: 'If he is telling t…

It was narrated from 'Alqamah binWa'il Al-Hadrami that his farther said:

A man who had killed someone was brought to the Messenger of Allah, and he was brought by the heir of the victim. The Messenger of Allah said to him. 'Will you forgive him? He said: No.' He said: 'Will you kill him? He said: 'Yes.' He said: 'Go away.' Then when he went away, he called him back and s…

It was narrated that Wa'il said:

"I saw the Messenger of Allah when the heir of a victim brought the killer, leading him by a string. The Messenger of Allah said to the heir of the victim: Will you forgive him?' He said: 'No., He said: 'Will you accept Diyah?' He said: 'No.' He said: 'Will you kill him?' He said: 'Yes.' He said" 'T…

A similar report was narrated from 'Alqamah bin Wa'il from his father, from the Prophet. Yahya (one of the narrators) said:

"He is better than him."

It was narrated from 'Alqamah bin Wa'il that his father said:

"I was sitting with the Messenger of Allah when a man came with a string around his neck and said: 'O Messenger of Allah, this man and my brother were digging a hole, and he raised his pickax and struck his companion in the head, Killing him. 'The Prophet said: 'Forgive him,' but he refused and said…

'Alqamah bin Wa'il narrated from his father that he was sitting with the Messenger of Allah when a man came leading another man by a string. He said:

"O Messenger of Allah, this man killed my brother." The Messenger of Allah said to him: "Did you kill him?" He said: "O Messenger of Allah even if he did not confess I would have brought proof against him." He said: "Yes, I killed him." He said: "How did you kill him?" He said: "He and I were choppi…

It was narrated from Simak bin Harb that 'Alqamah bin Wa'il told him that his father said:

"I was sitting with the Messenger of Allah when a man came leading another" (and he narrated) a similar report.

It was narrated from 'Alqamah bin Wa'il that:

his father told them that a man who had killed another man was brought to the Prophet and he handed him over to their of the victim to kill him. Then the Prophet said to those who were sitting with him: "The killer and the slain will both be in Fire. "A man went after him and told him that, and when…

It was narrated from Ans bin Malik that a man brought the killer of his kinsman to the Messenger of Allah and the Prophet said:

"Forgive him." But he refused. He said: "Take the Diyah," but he refused. He said: "Go and kill him then, for you are just like him." So he went away, but some people caught up with the man and told him that the Messenger of Allah had said: "Messenger of Allah had said: "Kill him for you are just li…

It was narrated from 'Abdullah bin Buraidah, from the father, that a man came to the Prophet and said:

"This man killed my brother." He said: "Go and kill him as he killed your brother." The man said to him: "Fear Allah and let me go, for that will bring you a greater reward and will be better for you and your brother on the Day of Resurrection." So he let him go. The Prophet was told about that, so …

It was narrated from Simak, from 'Ikrimah, that Ibn 'Abbas said:

"There were (the two tribes of) Quraizah and An-Nadir, and An-Nadir was nobler than Quraiaah. If a man of Quraizah Killed a man of An-Nadir, he would be killed in return, but if a man of An-Nadir killed a man of Quraizah, he would pay a Diyah of one hundred Wasqs of dates. When An-Nadir killed a ma…

It was narrated from Dawud hin Al-Husain, from 'Ikrimah, from Ibn 'Abbas, that the Verses in AL-Ma'idah, in which Allah, the Mighty and Sublime, says:

"Either judge between them, or turn away from them. If you turn away from then up to: those who act justly." - were revealed concerning the matter of blood money between An-Nadir and Quraizah. That was because the slain of An-Nadir were of noble status, so the blood money would be paid in full for t…

It was narrated that Qais bin 'Ubad said:

"Al-Ashtar and I went to 'Ali, may Allah be pleased with him, and said: Did the Prophet of Allah tell you anything that he did not tell to all the people?' He said: 'No, except what is in this letter of mine.' He brought out a letter from the sheath of his sword and it said therein: "The lives of th…

It was narrated from 'Ali, may Allah be please with him that the Prophet said:

"The lives of the believers are equal in value, and they are one against others, and they hasten to support the asylum granted by the least of them. But no believer may be killed in return for a disbeliever, nor one with a covenant while his covenant is in effect."

It was narrated from Samurah that the Messenger of Allah said:

"Whoever kills his slave, we will kill him: whoever mutilates (his slave). We will mutilate him, and whoever castrates (his slave), we will castrate him."

It was narrated from Samurah that the Prophet said:

"Whoever kills his slave, we will kill him, and whoever mutilates his slave, we will mutilate him."

It was narrated that Samurah said:

"The Prophet said: 'Whoever kills his slave, we will kill him, and whoever mutilates his slave, we will mutilate him."'

'Amr bin Dinar narrated that:

he heard Tawus narrate from Ibn 'Abbas, from 'Umar, may Allah be pleased with him, that he asked about the ruling of the Messenger of Allah concerning that. Hamal bin Malik stood up and said: "I was married to two women, and one of them struck the other with a tent pole and killed her and her fetus.…

It was narrated from Anas that:

a Jew killed a young girl for her jewelry, so the Messenger of Allah killed him in retaliation for her.

It was narrated from Anas bin Malik that:

a Jew took some jewelry from a girl, then he crushed her head between two rocks. They found her as she was breathing her last, and they took her around among the people (saying); "Was it this one? Was it this one?" (When) she said yes, the Messenger of Allah ordered that his head be crushed between two rocks.

It was narrated that Anas bin Malik said:

"A girl went out wearing some jewelry and a Jew caught her, crushed her head between two rocks and took the jewelry that she was wearing. She was found as she was breathing her last, and she was brought to the Messenger of Allah who said: 'Who killed you? Was it so and so?' She gestured no with her …

It was narrated from 'Aishah, the Mother of the Believers, that the Messenger of Allah said:

"It is not permissible to kill a Muslim except in one of three cases: A adulterer who has been married, who is to be stoned; a man who kills a Muslim deliberately; and a man who leaves Islam and wages war against Allah, the Mighty and Sublime, and His Messenger, who is to be killed, crucified or ban…

It was narrated that Ash-Sha'bi said:

"I heard Abu Juhaifah say: 'We asked 'Ali: "Do you have anything from the Messenger of Allah apart from the Qur'an?" He said: "No, by the One who splits the seeds and creates the soul, unless Allah gives a slave understanding of His Book, or except this sheet." I said: "What is in the sheet?" He sa…

It was narrated that Abi Hassan said:

"Ali said: 'The Messenger of Allah did not tell me anything that he did not tell the people, except what is in a sheet in the sheath of my word.' They did not leave him alone until he brought out the sheet, and in it (were the words): 'The lives of the believers are equal in value, and they hasten t…

It was narrataed from Al-Ashtar that he said to 'Ali:

"What the people have been hearing from you has become widespread. If the Messenger of Allah told you anything, then tell us," He said: "The Messenger of Allah did not tell me anything that he did not tell the people, except that in the sheath of my sword there is a sheet, in which it says: 'The liv…

Abu Bakrah said:

"The Messenger of Allah said: 'Whoever kills a Mu'ahad with no justification, Allah will forbid Paradise to him."

It was narrated that Abu Bakrah said:

The Messenger of Allah said: "Whoever kills a Mu'ahad with no justification, Allah will forbid Paradise to him and he will not even smell its fragrance."

It was narrated from Al-Qasim bin Al-Mukhaimirah, from a man among the Companions of the Prophet, that the Prophet said:

"Whoever kills a man from among Ahl Adh-Dhimmah. he will not smell the fragrance of Paradise, and its fragrance may be detected from a distance of seventy years."

It was narrated that 'Abdullah bin 'Amr said:

"The Messenger of Allah said: 'Whoever kills a person from among Ahl Adh-Dhimmah, he will not smell the fragrance of Paradise, and its fragrance may be detected from a distance of forty years."

It was narrated from 'Imran bin Hussain that:

a slave belonging to some poor people cut off the ear of a slave belonging to some rich people. They came to the Prophet but he did not give them anything.

It was narrated from Anas that:

the Messenger of Allah ruled that Qisas should be given for a tooth. The Messenger of Allah said: "The Messenger of Allah said: "What Allah has decreed is retaliation."

It was narrated from Samurah that the Messenger of Allah said:

"Whoever kills his slave, we will kill him, and whoever mutilates his slave, we will mutilate him."

It was narrated from Samurah that the Prophet of Allah said:

"Whoever castrates his slave, we will castrate him, and whoever mutilates his slave, we will mutilate him." This is the wording of Ibn Bashshar (one of the narrators).

It was narrated from Anas that:

the sister of Ar-Rubai' Umm Harithah injured a person and they referred the dispute to the Messenger of Allah. The Messenger of Allah said: "Retaliation, retaliation (Qisas)." Umm Ar-Rabi said: 'O Messenger of Allah, how could retaliation be carried out against so and so? No, by Allah, retaliation …