Chapter 5
Ta’zir Discretionary punishment And Ordinances Regarding An Assailant 1292. Abu Burdah Al-Ansari
narrated that he heard the Messenger of Allah
say. "No more than ten lashes are to be given except when inflicting one of the Hudud (prescribed punishments) of Alalh." Agreed upon.
1293. Aishah
narrated that Allah’s Messenger
said. "Forgive the people with high moral values when they slip but not what calls for the infliction of Hudud." Related by Ahmad, Abu Dawud, An-Nasa'i and Al-Baihaqi.
1294. 'Ali
narrated. 'I would not blame myself for the death of a man when I inflicted prescribed punishment on him with the exception of one who drunk Khamr, for if he were to die. I would pay Diyah for him.'
1295. Sa'id bin Zaid (RAA) narrated that the Messenger of Allah
said. "Whoever is killed while protecting his property, he is a martyr," (370) Related by the four Imams and At-Tirmidhi graded it as Sahih.
370. Imam Muslim transmitted a Hadith on the authority of Abu Hurairah that a man came to the Prophet asking about a man who is trying to take away his money the Prophet said to him, "Do not give it to him." He then asked again. 'What if he fights me?' The Prophet said to him, "Fight him." The man asked again, 'What if he kills me?' The Prophet said to him, "You are then (considered) a martyr." The man asked, 'What if I kill him?' The Prophet *'said to him, "He is then in the Hell Fire." And in that ease there is no Qisas as the man was defending himself. 1296. Abdullah bin Khabbab narrated, 'I heard my father say: 'I heard the Messenger of Allah
say, "There will be times of Fitan,(371) so 0 slave of Allah be in it the one who is killed and do not be the killer," Related by Abu Khaithamah and Ad-Daraqutni.
371. Plural of fitnah which means affliction, hardship trials etc.1297. Ahmad transmitted a similar Hadith on the authority of Khalid bin Urfutah.
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