Volume Nine -Book Eighty Three – The Book on Blood Money (Ad-Diyat)

Hadith Number 001.

Narrated by 'Abdullah (Radhi Allahu Anhu): A man said, "O Allah's Messenger! Which sin is the greatest in Allah's Sight?" The Prophet (Sallallahu Alayhi wa Sallam) said, "To set up a rival unto Allah though He Alone created you." The man said, "What is next?" The Prophet (Sallallahu Alayhi wa Sallam) said, "To kill your son lest he should share your food with you." The man said, "What is next?" The Prophet (Sallallahu Alayhi wa Sallam) said, "To commit illegal sexual intercourse with the wife of your neighbor." So Allah revealed in confirmation of this narration:

"And those who invoke not with Allah, any other god. Nor kill, such life as Allah has forbidden except for just cause nor commit illegal sexual intercourse. And whoever does this shall receive the punishment." (Surah Al-Furqan 25: 68)


Hadith Number 002.

Narrated by Ibn 'Umar (Radhi Allahu Anhuma): Allah's Messenger (Sallallahu Alayhi wa Sallam) said, "A faithful believer remains at liberty regarding his religion unless he kills somebody unlawfully."


Hadith Number 003.

Narrated by 'Abdullah bin 'Umar (Radhi Allahu Anhuma): One of the evil deeds with bad consequence from which there is no escape for the one who is involved in it is to kill someone unlawfully.


Hadith Number 004.

Narrated by 'Abdullah (Radhi Allahu Anhu): The Prophet (Sallallahu Alayhi wa Sallam) said, "The first cases to be decided among the people (on the Day of Resurrection) will be those of blood-shed."


Hadith Number 005.

Narrated by Al-Miqdad bin 'Amr Al-Kindi (Radhi Allahu Anhu): An ally of Bani Zuhra who took part in the battle of Badr with the Prophet (Sallallahu Alayhi wa Sallam), that he said, "O Allah's Messenger! If I meet an unbeliever and we have a fight, and he strikes my hand with the sword and cuts it off, and then takes refuge from me under a tree, and says, 'I have surrendered to Allah (i.e. embraced Islam),' may I kill him after he has said so?" Allah's Messenger (Sallallahu Alayhi wa Sallam) said, "Do not kill him." Al-Miqdad said, "But O Allah's Messenger! He had chopped off one of my hands and he said that after he had cut it off. May I kill him?" The Prophet (Sallallahu Alayhi wa Sallam) said. "Do not kill him for if you kill him, he would be in the position in which you had been before you kill him, and you would be in the position in which he was before he said the sentence." The Prophet (Sallallahu Alayhi wa Sallam) also said to Al-Miqdad, "If a faithful believer conceals his faith (Islam) from the disbelievers, and then when he declares his Islam, you kill him, (you will be sinful). Remember that you were also concealing your faith (Islam) at Makkah before."


Hadith Number 006.

Narrated by 'Abdullah (Radhi Allahu Anhu): The Prophet (Sallallahu Alayhi wa Sallam) said, "No human being is killed unjustly, but a part of responsibility for the crime is laid on the first son of Adam who invented the tradition of killing (murdering) on the earth. (It is said that he was Qabil).


Hadith Number 007.

Narrated by 'Abdullah bin 'Umar (Radhi Allahu Anhuma): The Prophet (Sallallahu Alayhi wa Sallam) said, "After me (i.e. after my death), do not become disbelievers, by striking (cutting) the necks of one another.


Hadith Number 008.

Narrated by Abu Zur'a bin 'Amr bin Jarir (Radhi Allahu Anhu): The Prophet (Sallallahu Alayhi wa Sallam) said during Hajjat-al-Wada', "Let the people be quiet and listen to me. After me, do not become disbelievers, by striking (cutting) the necks of one another."


Hadith Number 009.

Narrated by 'Abdullah bin 'Amr (Radhi Allahu Anhuma): The Prophet (Sallallahu Alayhi wa Sallam) said, "Al-Kaba'ir (the biggest sins) are: To join others (as partners) in worship with Allah, to be undutiful to one's parents," or said, "to take a false oath." (The sub-narrator, Shu'ba is not sure) Mu'adh said: Shu'ba said, "Al-Kaba'ir (the biggest sins) are: (1) Joining others as partners in worship with Allah, (2) to take a false oath (3) and to be undutiful to one's parents," or said, "to murder (someone unlawfully).


Hadith Number 010.

Narrated by Anas bin Malik (Radhi Allahu Anhu): The Prophet (Sallallahu Alayhi wa Sallam) said, "The biggest of Al-Kaba'ir (the great sins) are (1) to join others as partners in worship with Allah, (2) to murder a human being, (3) to be undutiful to one's parents (4) and to make a false statement," or said, "to give a false witness."


Hadith Number 011.

Narrated by Usama bin Zaid bin Haritha (Radhi Allahu Anhuma): Allah's Messenger (Sallallahu Alayhi wa Sallam) sent us (to fight) against Al-Huraqa (one of the sub-tribes) of Juhaina. We reached those people in the morning and defeated them. A man from the Ansar and I chased one of their men and when we attacked him, he said, "None has the right to be worshipped but Allah." The Ansari refrained from killing him but I stabbed him with my spear till I killed him. When we reached (Al-Madinah), this news reached the Prophet (Sallallahu Alayhi wa Sallam). He said to me, "O Usama! You killed him after he had said, 'None has the right to be worshipped but Allah?"' I said, "O Allah's Messenger! He said so in order to save himself." The Prophet (Sallallahu Alayhi wa Sallam) said, "You killed him after he had said, 'None has the right to be worshipped but Allah." The Prophet (Sallallahu Alayhi wa Sallam) kept on repeating that statement till I wished I had not been a Muslim before that day.


Hadith Number 012.

Narrated by 'Ubada bin As-Samat (Radhi Allahu Anhu): I was among those Naqibs (selected leaders) who gave the Pledge of allegiance to Allah's Messenger (Sallallahu Alayhi wa Sallam). We gave the oath of allegiance, that we would not join partners in worship besides Allah, would not steal, would not commit illegal sexual intercourse, would not kill a life which Allah has forbidden, would not commit robbery, would not disobey (Allah and His Messenger (Sallallahu Alayhi wa Sallam)), and if we fulfilled this pledge we would have Paradise, but if we committed any one of these (sins), then our case will be decided by Allah.


Hadith Number 013.

Narrated by 'Abdullah (Radhi Allahu Anhu): The Prophet (Sallallahu Alayhi wa Sallam) said, "Whoever carries arms against us, is not from us."

Hadith Number 014.

Narrated by Al-Ahnaf bin Qais: I went to help that man (i.e., 'Ali (Radhi Allahu Anhu)), and on the way I met Abu Bakra (Radhi Allahu Anhu) who asked me, "Where are you going?" I replied, "I am going to help that man." He said, "Go back, for I heard Allah's Messenger (Sallallahu Alayhi wa Sallam) saying, 'If two Muslims meet each other with their swords then (both) the killer and the killed one are in the (Hell) Fire.' I said, 'O Allah's Messenger! It is alright for the killer, but what about the killed one?' He said, 'The killed one was eager to kill his opponent."


Hadith Number 015.

Narrated by Anas bin Malik (Radhi Allahu Anhu): A Jew crushed the head of a girl between two stones, and the girl was asked, "Who has done that to you, so-and-so or so and so?" (Some names were mentioned for her) till the name of that Jew was mentioned (whereupon she agreed). The Jew was brought to the Prophet (Sallallahu Alayhi wa Sallam) and the Prophet (Sallallahu Alayhi wa Sallam) kept on questioning him till he confessed, whereupon his head was crushed with stones.



Hadith Number 016.

Narrated by Anas bin Malik (Radhi Allahu Anhu): A girl wearing ornaments, went out at Al-Madinah. Somebody struck her with a stone. She was brought to the Prophet (Sallallahu Alayhi wa Sallam) while she was still alive. Allah's Messenger (Sallallahu Alayhi wa Sallam) asked her, "Did such-and-such a person strike you?" She raised her head, denying that. He asked her a second time, saying, "Did so-and-so strike you?" She raised her head, denying that. He said for the third time, "Did so-and-so strike you?" She lowered her head, agreeing. Allah's Messenger (Sallallahu Alayhi wa Sallam) then sent for the killer and killed him between two stones.


Hadith Number 017.

Narrated by 'Abdullah (Radhi Allahu Anhu): Allah's Messenger (Sallallahu Alayhi wa Sallam) said, "The blood of a Muslim who confesses that none has the right to be worshipped but Allah and that I am His Messenger (Sallallahu Alayhi wa Sallam), cannot be shed except in three cases: In Qisas for murder, a married person who commits illegal sexual intercourse and the one who reverts from Islam (apostate) and leaves the Muslims."


Hadith Number 018.

Narrated by Anas (Radhi Allahu Anhu): A Jew killed a girl so that he may steal her ornaments. He struck her with a stone, and she was brought to the Prophet (Sallallahu Alayhi wa Sallam) while she was still alive. The Prophet (Sallallahu Alayhi wa Sallam) asked her, "Did such-and-such person strike you?" She gestured with her head, expressing denial. He asked her for the second time, and she again gestured with her head, expressing denial. When he asked her for the third time, she beckoned, "Yes." So the Prophet (Sallallahu Alayhi wa Sallam) killed him (the Jew) with two stones.


Hadith Number 019.

Narrated by Abu Huraira (Radhi Allahu Anhu): In the year of the Conquest of Makkah, the tribe of Khuza'a killed a man from the tribe of Bam Laith in revenge for a killed person belonging to them in the Pre-lslamic Period of Ignorance. So Allah's Messenger (Sallallahu Alayhi wa Sallam) got up saying, "Allah held back the (army having) elephants from Makkah, but He let His Messenger (Sallallahu Alayhi wa Sallam) and the believers overpower the infidels (of Makkah). Beware! (Makkah is a sanctuary)! Verily! Fighting in Makkah was not permitted for anybody before me, nor will it be permitted for anybody after me; It was permitted for me only for a while (an hour or so) of that day. No doubt! It is at this moment a sanctuary; its thorny shrubs should not be uprooted; its trees should not be cut down; and its Luqata (fallen things) should not be picked up except by the one who would look for its owner. And if somebody is killed, his closest relative has the right to choose one of two things, i.e., either the Blood money or retaliation by having the killer killed." Then a man from Yemen, called Abu Shah, stood up and said, "Write that) for me, O Allah's Messenger!" Allah's Messenger (Sallallahu Alayhi wa Sallam) said (to his companions), "Write that for Abu Shah." Then another man from Quraish got up, saying, "O Allah's Messenger! Except Al-Idhkhir (a special kind of grass) as we use it in our houses and for graves." Allah's Messenger (Sallallahu Alayhi wa Sallam) said, "Except Al-idhkkir." (*)

* Al-Idhkhir is permitted to be cut in Makkah.

Hadith Number 020.

Narrated by Ibn 'Abbas (Radhi Allahu Anhuma): For the children of Israel the punishment for crime was Al-Qisas only (i.e., the law of equality in punishment) and the payment of Blood money was not permitted as an alternate. But Allah said to this nation (Muslims): 'O you who believe! Qisas is prescribed for you in case of murder... (up to)... end of the Verse. (Surah Al-Baqarah 2: 178)

Ibn 'Abbas added: Remission (forgiveness) in this Verse, means to accept the Blood-money in an intentional murder. Ibn 'Abbas added: The Verse: 'Then the relatives should demand Blood-money in a reasonable manner.' (Surah Al-Baqarah 2: 178) means that the demand should be reasonable and it is to be compensated with handsome gratitude.


Hadith Number 021.

Narrated by Ibn 'Abbas (Radhi Allahu Anhuma): The Prophet (Sallallahu Alayhi wa Sallam) said, "The most hated persons to Allah are three: (1) A person who deviates from the right conduct, i.e., an evil doer, in the Haram (sanctuaries of Makkah and Al-Madinah); (2) a person who seeks that the traditions of the Pre-Islamic Period of Ignorance, should remain in Islam (3) and a person who seeks to shed somebody's blood without any right."


Hadith Number 022.

Narrated by 'Aishah (Radhi Allahu Anha): The pagans were defeated on the day (of the battle) of Uhud. Shaitan shouted among the people on the day of Uhud, "O Allah's worshippers! Beware of what is behind you!" So the front file of the army attacked the back files (mistaking them for the enemy) till they killed Al-Yaman. Hudhaifa (bin Al-Yaman) shouted, "My father!" My father! But they killed him. Hudhaifa said, "May Allah forgive you." (The narrator added: Some of the defeated pagans fled till they reached Taif.)


Hadith Number 023.

Narrated by Anas bin Malik (Radhi Allahu Anhu): A Jew crushed the head of a girl between two stones. It was said to her. "Who has done this to you, such-and-such person, such-and-such person?" When the name of the Jew was mentioned, she nodded with her head, agreeing. So the Jew was brought and he confessed. The Prophet (Sallallahu Alayhi wa Sallam) ordered that his head be crushed with the stones. (Hammam said, "with two stones.")


Hadith Number 024.

Narrated by Anas bin Malik (Radhi Allahu Anhu): The Prophet (Sallallahu Alayhi wa Sallam) killed a Jew for killing a girl in order to take her ornaments.


Hadith Number 025.

Narrated by 'Aishah (Radhi Allahu Anha): We poured medicine into the mouth of the Prophet (Sallallahu Alayhi wa Sallam) during his ailment. He said, "Don't pour medicine into my mouth." (We thought he said that) out of the aversion a patient usually has for medicines. When he improved and felt better he said, "There is none of you but will be forced to drink medicine, except Al-'Abbas, for he did not witness your deed."


Hadith Number 026.

Narrated by Abu Hurairah (Radhi Allahu Anhu): That he heard Allah's Messenger (Sallallahu Alayhi wa Sallam) saying, "We (Muslims) are the last (to come) but (will be) the foremost (on the Day of Resurrection)." And added, "If someone is peeping (looking secretly) into your house without your permission, and you throw a stone at him and destroy his eyes, there will be no blame on you."


Hadith Number 027.

Narrated by Yahya: Humaid said, "A man peeped into the house of the Prophet (Sallallahu Alayhi wa Sallam) and the Prophet (Sallallahu Alayhi wa Sallam) aimed an arrow head at him to hit him." I asked, "Who told you that?" He said, "Anas bin Malik (Radhi Allahu Anhu)" (See Hadith No. 258 and 259, Book 74)


Hadith Number 028.

Narrated by 'Aishah (Radhi Allahu Anha): "When it was the day of (the battle of) Uhud, the pagans were defeated. Then Shaitan shouted, "O Allah's worshipers! Beware of what is behind you!" So the front files attacked the back files of the army. Hudhaifa looked, and behold, there was his father, Al-Yaman (being attacked)! He shouted (to his companions), "O Allah's worshipers, my father, my father!" But by Allah, they did not stop till they killed him (i.e., Hudhaifa's father). Hudhaifa said, "May Allah forgive you." ('Urwa said, Hudhaifa continued asking Allah's Forgiveness for the killer of his father till he died.

Hadith Number 029.

Narrated by Salama (Radhi Allahu Anhu): We went out with the Prophet (Sallallahu Alayhi wa Sallam) to Khaibar. A man (from the companions) said, "O 'Amir! Let us hear some of your Huda (camel-driving songs.)" So he sang some of them (i.e. a lyric in harmony with the camels walk). The Prophet (Sallallahu Alayhi wa Sallam) said, "Who is the driver (of these camels)?" They said, "Amir." The Prophet (Sallallahu Alayhi wa Sallam) said, "May Allah bestow His Mercy on him!" (*) The people said, "O Allah's Messenger! Would that you let us enjoy his company longer!" Then 'Amir was killed the following morning. The people said, "The good deeds of 'Amir are lost as he has killed himself." (**) I returned at the time while they were talking about that. I went to the Prophet (Sallallahu Alayhi wa Sallam) and said, "O Allah's Prophet! Let my father be sacrificed for you! The people claim that 'Amir's good deeds are lost." The Prophet (Sallallahu Alayhi wa Sallam) said, "Whoever says so is a liar, for 'Amir will have a double reward as he exerted himself to obey Allah and fought in Allah's Cause. No other way of killing would have granted him greater reward."

* The Prophet (Sallallahu Alayhi wa Sallam) anticipated 'Amir's martyrdom.
** 'Amir tried to hit a Jew with his sword, but the sword turned towards himself and killed him, so he killed himself accidentally.


Hadith Number 030.

Narrated by 'Imran bin Husain (Radhi Allahu Anhu): A man bit another man's hand and the latter pulled his hand out of his mouth by force, causing two of his incisors (teeth) to fall out. They submitted their case to the Prophet (Sallallahu Alayhi wa Sallam), who said, "One of you bit his brother as a male camel bites. (Go away), there is no Diya (Blood-money) for you."


Hadith Number 031.

Narrated by Ya'la (Radhi Allahu Anhu): I went out in one of the Ghazwa and a man bit another man and as a result, an incisor tooth of the former was pulled out. The Prophet (Sallallahu Alayhi wa Sallam) cancelled the case.


Hadith Number 032.

Narrated by Anas (Radhi Allahu Anhu): The daughter of An-Nadr slapped a girl and broke her incisor tooth. They (the relatives of that girl), came to the Prophet (Sallallahu Alayhi wa Sallam) and he gave the order of Qisas (equality in punishment).


Hadith Number 033.

Narrated by Ibn 'Abbas (Radhi Allahu Anhuma): The Prophet (Sallallahu Alayhi wa Sallam) said, "This and this are the same." He meant the little finger and the thumb. (*)

* the Diya (Blood-money) is the same for each finger.



Hadith Number 034.

Narrated by Ibn 'Abbas (Radhi Allahu Anhuma): I heard the Prophet (Sallallahu Alayhi wa Sallam) (saying the same as above Hadith 33).


Hadith Number 035.

Narrated by 'Aishah (Radhi Allahu Anha): We poured medicine into the mouth of Allah's Messenger (Sallallahu Alayhi wa Sallam) during his illness, and he pointed out to us intending to say, "Don't pour medicine into my mouth." We thought that his refusal was out of the aversion a patient usually has for medicine. When he improved and felt a bit better he said (to us.) "Didn't I forbid you to pour medicine into my mouth?" We said, "We thought (you did so) because of the aversion, one usually have for medicine." Allah's Messenger (Sallallahu Alayhi wa Sallam) said, "There is none of you but will be forced to drink medicine, and I will watch you, except Al-'Abbas, for he did not witness this act of yours."


Hadith Number 036.

Narrated by Sahl bin Abi Hathma (Radhi Allahu Anhu): (A man from the Ansar) that a number of people from his tribe went to Khaibar and dispersed, and then they found one of them murdered. They said to the people with whom the corpse had been found, "You have killed our companion!" Those people said, "Neither have we killed him, nor do we know his killer." The bereaved group went to the Prophet (Sallallahu Alayhi wa Sallam) and said, "O Allah's Messenger! We went to Khaibar and found one of us murdered." The Prophet (Sallallahu Alayhi wa Sallam) said, "Let the older among you come forward and speak." Then the Prophet (Sallallahu Alayhi wa Sallam) said, to them, "Bring your proof against the killer." They said "We have no proof." The Prophet (Sallallahu Alayhi wa Sallam) said, "Then they (the defendants) will take an oath." They said, "We do not accept the oaths of the Jews." Allah's Messenger (Sallallahu Alayhi wa Sallam) did not like that the Blood-money of the killed one be lost without compensation, so he paid one-hundred camels out of the camels of Zakat (to the relatives of the deceased) as Diya (Blood-money).

Hadith Number 037.

Narrated by Abu Qilaba: Once 'Umar bin 'Abdul 'Aziz sat on his throne in the courtyard of his house so that the people might gather before him. Then he admitted them and (when they came in), he said, "What do you think of Al-Qasama?" They said, "We say that it is lawful to depend on Al-Qasama in Qisas, (*) as the previous Muslim Caliphs carried out Qisas depending on it." Then he said to me, "O Abu Qilaba! What do you say about it?" He let me appear before the people and I said, "O Chief of the Believers! You have the chiefs of the army staff and the nobles of the Arabs. If fifty of them testified that a married man had committed illegal sexual intercourse in Damascus but they had not seen him (doing so), would you stone him?" He said, "No." I said, "If fifty of them testified that a man had committed theft in Hums, would you cut off his hand though they did not see him?" He replied, "No." I said, "By Allah, Allah's Messenger (Sallallahu Alayhi wa Sallam) never killed anyone except in one of the following three situations: (1) A person who killed somebody unjustly, was killed (in Qisas,) (2) a married person who committed illegal sexual intercourse and (3) a man who fought against Allah and His Messenger (Sallallahu Alayhi wa Sallam) and deserted Islam and became an apostate." Then the people said, "Didn't Anas bin Malik (Radhi Allahu Anhu) narrate that Allah's Messenger (Sallallahu Alayhi wa Sallam) cut off the hands of the thieves, branded their eyes and then, threw them in the sun?" I said, "I shall tell you the narration of Anas (Radhi Allahu Anhu). Anas (Radhi Allahu Anhu) said: "Eight persons from the tribe of 'Ukl came to Allah's Messenger (Sallallahu Alayhi wa Sallam) and gave the Pledge of allegiance for Islam (became Muslim). The climate of the place (Al-Madinah) did not suit them, so they became sick and complained about that to Allah's Messenger (Sallallahu Alayhi wa Sallam). He said (to them), "Won't you go out with the shepherd of our camels and drink of the camels' milk and urine (as medicine)?" They said, "Yes." So they went out and drank the camels' milk and urine, and after they became healthy, they killed the shepherd of Allah's Messenger (Sallallahu Alayhi wa Sallam) and took away all the camels. This news reached Allah's Messenger (Sallallahu Alayhi wa Sallam), so he sent (men) to follow their traces and they were captured and brought (to the Prophet (Sallallahu Alayhi wa Sallam)). He then ordered to cut their hands and feet, and their eyes were branded with heated pieces of iron, and then he threw them in the sun till they died." I said, "What can be worse than what those people did? They deserted Islam, committed murder and theft."

Then 'Anbasa bin Sa'id said, "By Allah, I never heard a narration like this of today." I said, "O 'Anbasa! You deny my narration?" 'Anbasa said, "No, but you have related the narration in the way it should be related. By Allah, these people are in welfare as long as this Sheikh (Abu Qilaba) is among them." I added, "Indeed in this event there has been a tradition set by Allah's Messenger (Sallallahu Alayhi wa Sallam). The narrator added: Some Ansari people came to the Prophet (Sallallahu Alayhi wa Sallam) and discussed some matters with him, a man from amongst them went out and was murdered. Those people went out after him, and behold, their companion was swimming in blood. They returned to Allah's Messenger (Sallallahu Alayhi wa Sallam) and said to him, "O Allah's Messenger (Sallallahu Alayhi wa Sallam), we have found our companion who had talked with us and gone out before us, swimming in blood (killed)." Allah's Messenger (Sallallahu Alayhi wa Sallam) went out and asked them, "Whom do you suspect or whom do you think has killed him?" They said, "We think that the Jews have killed him." The Prophet (Sallallahu Alayhi wa Sallam) sent for the Jews and asked them, "Did you kill this (person)?" They replied, "No." He asked the Al-Ansars, "Do you agree that I let fifty Jews take an oath that they have not killed him?" They said, "It matters little for the Jews to kill us all and then take false oaths." He said, "Then would you like to receive the Diya after fifty of you have taken an oath (that the Jews have killed your man)?" They said, "We will not take the oath." Then the Prophet (Sallallahu Alayhi wa Sallam) himself paid them the Diya (Blood-money)." The narrator added, "The tribe of Hudhail repudiated one of their men (for his evil conduct) in the Pre-lslamic period of Ignorance.

Then, at a place called Al-Batha' (near Makkah), the man attacked a Yemenite family at night to steal from them, but a. man from the family noticed him and struck him with his sword and killed him. The tribe of Hudhail came and captured the Yemenite and brought him to 'Umar (Radhi Allahu Anhu) during the Hajj season and said, "He has killed our companion." The Yemenite said, "But these people had repudiated him (i.e., their companion)." 'Umar said, "Let fifty persons of Hudhail swear that they had not repudiated him." So forty-nine of them took the oath and then a person belonging to them, came from Sham and they requested him to swear similarly, but he paid one-thousand Dirhams instead of taking the oath. They called another man instead of him and the new man shook hands with the brother of the deceased. Some people said, "We and those fifty men who had taken false oaths (Al-Qasama) set out, and when they reached a place called Nakhlah, it started raining so they entered a cave in the mountain, and the cave collapsed on those fifty men who took the false oath, and all of them died except the two persons who had shaken hands with each other. They escaped death but a stone fell on the leg of the brother of the deceased and broke it, whereupon he survived for one year and then died." I further said, "'Abdul Malik bin Marwan sentenced a man to death in Qisas (equality in punishment) for murder, basing his judgment on Al-Qasama, but later on he regretted that judgment and ordered that the names of the fifty persons who had taken the oath (Al-Qasama), be erased from the register, and he exiled them in Sham."

* Al-Qisas: Equality in punishment.


Hadith Number 038A.

Narrated by Anas (Radhi Allahu Anhu): A man peeped into one of the dwelling places of the Prophet (Sallallahu Alayhi wa Sallam). The Prophet (Sallallahu Alayhi wa Sallam) got up and aimed a sharp-edged arrow head (or wooden stick) at him to poke him stealthily.


Hadith Number 038B.

Narrated by Sahl bin Sa'd As-Sa'idi (Radhi Allahu Anhu): A man peeped through a hole in the door of Allah's Messenger (Sallallahu Alayhi wa Sallam)'s house, and at that time, Allah's Messenger (Sallallahu Alayhi wa Sallam) had a Midri (an iron comb or bar) with which he was rubbing his head. So when Allah's Messenger (Sallallahu Alayhi wa Sallam) saw him, he said (to him), "If I had been sure that you were looking at me (through the door), I would have poked your eye with this (sharp iron bar)." Allah's Messenger (Sallallahu Alayhi wa Sallam) added, "The asking for permission to enter has been enjoined so that one may not look unlawfully (at what there is in the house without the permission of its people)."

Hadith Number 039.

Narrated by Abu Huraira (Radhi Allahu Anhu): Abul Qasim said, "If any person peeps at you without your permission and you poke him with a stick and injure his eye, you will not be blamed."


Hadith Number 040.

Narrated by Ash-Sha'bi: I heard Abu Juhaifa saying, "I asked 'Ali (Radhi Allahu Anhu), 'Have you got any Divine literature apart from the Qur'an?' (Once he said... apart from what the people have?) 'Ali replied, 'By Him Who made the grain split (germinate) and created the soul, we have nothing except what is in the Qur'an and the ability (gift) of understanding Allah's Book which He may endow a man with and we have what is written in this paper.' I asked, 'What is written in this paper?' He replied, 'Al-'Aql (the regulation of Diya), about the ransom of captives, and the Judgment that a Muslim should not be killed in Qisas (equality in punishment) for killing a disbeliever.'" (See Hadith No. 283,Book 52)


Hadith Number 041.

Narrated by Abu Hurairah (Radhi Allahu Anhu): Two women from the tribe of Hudhail (fought with each other) and one of them threw (a stone at) the other, causing her to have a miscarriage and Allah's Messenger (Sallallahu Alayhi wa Sallam) gave his verdict that the killer (of the fetus) should give a male or female slave (as a Diya).


Hadith Number 042A.

Narrated by Hisham's father: From Al-Mughira bin Shu'ba, 'Umar (Radhi Allahu Anhu) consulted the companions about the case of a woman's abortion (caused by somebody else). Al-Mughira said: The Prophet (Sallallahu Alayhi wa Sallam) gave the verdict that a male or female slave should be given (as a Diya). Then Muhammad bin Maslama testified that he had witnessed the Prophet (Sallallahu Alayhi wa Sallam) giving such a verdict.


Hadith Number 042B.

Narrated by Hisham's father: 'Umar (Radhi Allahu Anhu) asked the people, "Who heard the Prophet (Sallallahu Alayhi wa Sallam) giving his verdict regarding abortions?" Al-Mughira said, "I heard him judging that a male or female slave should be given (as a Diya)." 'Umar said, "Present a witness to testify your statement." Muhammad bin Maslama said, "I testify that the Prophet (Sallallahu Alayhi wa Sallam) gave such a judgment."


Hadith Number 043.

Narrated by 'Urwa: I heard Al-Maghira bin Shu'ba narrating that 'Umar (Radhi Allahu Anhu) had consulted them about the case of abortion (similarly as narrated in No. 42).


Hadith Number 044.

Narrated by Abu Hurairah(Radhi Allahu Anhu): Allah's Messenger (Sallallahu Alayhi wa Sallam) gave a verdict regarding an aborted fetus of a woman from Bani Lihyan that the killer (of the fetus) should give a male or female slave (as a Diya) but the woman who was required to give the slave, died, so Allah's Messenger (Sallallahu Alayhi wa Sallam) gave the verdict that her inheritance be given to her children and her husband and the Diya be paid by her 'Asaba.


Hadith Number 045.

Narrated by Abu Hurairah (Radhi Allahu Anhu): Two women from Hudhail fought with each other and one of them hit the other with a stone that killed her and what was in her womb. The relatives of the killer and the relatives of the victim submitted their case to the Prophet (Sallallahu Alayhi wa Sallam) who judged that the Diya for the fetus was a male or female slave, and the Diya for the killed woman was to be paid by the 'Asaba (near relatives) of the killer.

Hadith Number 046.

Narrated by 'Abdul-'Aziz: Anas (Radhi Allahu Anhu) said, "When Allah's Messenger (Sallallahu Alayhi wa Sallam) arrived at Al-Madinah, Abu Talha took hold of my hand and brought me to Allah's Messenger (Sallallahu Alayhi wa Sallam) and said, "O Allah's Messenger! Anas is an intelligent boy, so let him serve you." Anas added, "So I served the Prophet (Sallallahu Alayhi wa Sallam) at home and on journeys; by Allah, he never said to me for anything which I did: Why have you done this like this or, for anything which I did not do: 'Why have you not done this like this?"


Hadith Number 047.

Narrated by Abu Hurairah (Radhi Allahu Anhu): Allah's Messenger (Sallallahu Alayhi wa Sallam) said, "There is no Diya for persons killed by animals or for the one who has been killed accidentally by falling into a well or for the one killed in a mine. And one-fifth of Rikaz (treasures buried before the Islamic era) is to be given to the state."


Hadith Number 048.

Narrated by Abu Hurairah (Radhi Allahu Anhu): The Prophet (Sallallahu Alayhi wa Sallam) said, "There is no Diya for a person injured or killed by an animal (going about without somebody to control it) and similarly, there is no Diya for the one who falls and dies in a well, and also the one who dies in a mine. As regards the Ar-Rikaz (buried wealth), one-fifth thereof is for the state."


Hadith Number 049.

Narrated by 'Abdullah bin 'Amr (Radhi Allahu Anhuma): The Prophet (Sallallahu Alayhi wa Sallam) said, "Whoever killed a Mu'ahid (a person who is granted the pledge of protection by the Muslims) shall not smell the fragrance of Paradise though its fragrance can be smelt at a distance of forty years (of traveling)."


Hadith Number 050.

Narrated by Abu Juhaifa: I asked 'Ali (Radhi Allahu Anhu) "Do you have anything Divine literature besides what is in the Qur'an?" Or, as Ibn Uyaina once said, "Apart from what the people have?" 'Ali said, "By Him Who made the grain split (germinate) and created the soul, we have nothing except what is in the Quran and the ability (gift) of understanding Allah's Book which He may endow a man, with and what is written in this sheet of paper." I asked, "What is on this paper?" He replied, "The legal regulations of Diya (Blood-money) and the (ransom for) releasing of the captives, and the judgment that no Muslim should be killed in Qisas (equality in punishment) for killing a Kafir (disbeliever)."


Hadith Number 051.

Narrated by Abu Sa'id (Radhi Allahu Anhu): The Prophet (Sallallahu Alayhi wa Sallam) said, "Do not prefer some Prophets to others."


Hadith Number 052.

Narrated by Abu Sa'id Al-Khudri (Radhi Allahu Anhu): A Jew whose face had been slapped (by someone), came to the Prophet (Sallallahu Alayhi wa Sallam) and said, "O Muhammad! A man from your Ansari companions slapped me. "The Prophet (Sallallahu Alayhi wa Sallam) said, "Call him". They called him and the Prophet (Sallallahu Alayhi wa Sallam) asked him, "Why did you slap his face?" He said, "O Allah's Messenger! While I was passing by the Jews, I heard him saying, 'By Him Who chose Musa above all the human beings.' I said (protestingly), 'Even above Muhammad?' So I became furious and slapped him." The Prophet (Sallallahu Alayhi wa Sallam) said, "Do not give me preference to other Prophets, for the people will become unconscious on the Day of Resurrection and I will be the first to gain conscious, and behold, I will find Musa holding one of the pillars of the Throne (of Allah). Then I will not know whether he has become conscious before me or he has been exempted because of his unconsciousness at the mountain (during his worldly life) which he received."