Chapter 02-Types of Diyah (Blood money)

1218. Abu Bakr bin Muhammad bin 'Amro bin Hazm narrated on the authority of his father on the authority of his grandfather that 'The Messenger of Allah wrote to the people of Yemen (mentioning the hadith which included), 'Whoever kills a believer deliberately for no reason or a crime that he committed, he should be killed (in retaliation), unless the family of the murdered person agrees to take Diyah (blood money). The Diyah for a life is a hundred camels, Full blood money (i.e, total Diyah of 100 camels) is paid for the total cut off of each of the following: the nose, the eyes, the tongue, the lips, the penis, the testicles and the backbone. (340) For the cutting off of one leg; half a Diyah. is paid (i.e. 50 camels). For a head injury a third of the Diyah is paid, for a stab which penetrates the body, one third of the Diyah, for a blow which breaks a bones or dislocates it, 15 camels. For each finger or toe, 10 camels are paid. For each tooth five camels are paid. For a wound which exposes a bone five camels are paid. A man is killed in Qisas for killing a woman. For those who possess gold, they should pay the equivalent of the 100 camels which is fixed as one thousand Dinars.' Related by Abu Dawud in his book "al- Marasil, an-Nasa'i, Ibn Khuzaimah, Ibn al-Garud, Ibn Hibban and Ahmad, but they disagreed regarding its authenticity.

340. A full Diyah is due in this case. as each of these organs are either impaired (i.e. cannot bo compensated), or the full pair is cut off (such as the ears, the lips etc, ..)





1219. Ibn Masud narrated that the Messenger of Allah said, "The Diyah for accidental killing is paid in five types of camel indemnity (341); 20 she-camels 'hiqqah' (in their fourth year), 20 she-camels 'Jaz'ah' (in their fifth year), 20 she-camels 'bint makhad (in their second year), 20 she-camels 'bint labun' (in their third year) and 20 he-camels 'ibn labtin' (in their third year)."Related by Ad-Daraqutni with a strong chain of narrators, The four Imams reported it with this version, "twenty 'ibn makhad'(twenty male camels which had entered their second year)," instead of "ibn labtu".

341. This Diyah is less severe in that its payment is deferred, and paid in five different types of camels. Some scholars say that it could be paid over a period of three years.






1220. Abu Dawud and At-Tirmidhi transmitted on the authority of 'Amro bin Shuaib on his father's authority, who reported from his grandfather
who reported that the Messenger of Allah said, "The Diyah (of intentional homicide) is paid in three different types of camels (342); 30 she-camels hiqqah(in their fourth year), 30 she-camels 'Jaz'ah' (in their fifth year), and 40 pregnant she-camels."

342. This Diyah severe in that it is to be paid immediately and paid in three different good types of camels.







1221. Ibn 'Urnar narrated that the Messenger of Allah said. "Three types of people are most hated by Allah, the Almighty: whoever kills another in the Sacred area of Haram (Sanctuary), whoever kills anyone other than the one who killed him or whoever kills anyone in revenge as in times of Jahiliyah (pre-Islamic times).' Related by Ibn Hibban.






1222. "Abdullh Ibn "Amro ibn al-'As narrated that the Messenger of Allah said, ''The Diyah for accidental and quasi-deliberate homicide -such as that inflicted with a whip or a stick- is a hundred camels, forty of which are pregnant she-camels!' Related by Abu Dawad, An-Nasa'i and Ibn Majah. Ibn Hibban graded it as Sahih.






1223. Ibn 'Abbas narrated that the Messenger of Allah said, ''This and that are equal -meaning the little finger and the thumb." Related by Al-Bukhari. Abu Dawud and At-Tirmidhi transmitted, "The Diyah for the fingers and toes is the same, and that for the teeth is the same; the incisor and the molar tooth are the same!' Ibn Hibban narrated, "The Diyah for the fingers and toes is the same; 10 camels for each.''






1224. 'Amro bin Shuaib narrated on the authority of his father, on the authority of his grandfather that the Messenger of Allah said, "Anyone who practices medicine but is not known as a practitioner, and kills a human being or inflicts harm on him, will be held responsible." Related by Ad-Daraqutni. Al-Hakim graded it as Sahih. Abu Dawud, an-Nasa'i and others also narrated it, but its Mursal form is stronger than the
connected one.






1225. 'Amro bin Shuaib narrated on the authority of his father, on the authority of his grandfather that the Messenger of Allah said, "For a wound which exposes a bone five camels are paid (in compensation)." Related by Ahmad and the four Imams. Ahmad added the following statement, "And the fingers and toes are all equal- in Diyah- ten camels." Ibn Khuzaimah and Ibn al-Garud graded it as Sahih.







1226. 'Amro bin Shuaib narrated on the authority of his father, on the authority of his grandfather that the Messenger of Allah said, "The Diyah of the Dhimmi (343) is half that of a Muslim." Related by Ahmad and the four Imams. The narration of Abu Dawud, "The Diyah of the Mu'ahid (non Muslim with a covenant of protection) is half the Diyah of a free Muslim." In the narration of An·Nasa'i, "The Diyah of a woman is the same as tbe Diyah of a man up to the third of the value (if the due value exceeds the third then her Diyah is half that of the man)," Ibn Khuzaimah graded it as Sahih.

343. A non-Muslim; Christian or Jew, living under the protection of an Islamic government






1227. 'Amro bin Shuaib narrated on the authority of his father, on the authority of his grandfather that the Messenger of Allah said, "The Diyah of the quasi-deliberate homicide is as severe as deliberate murder (in its being given in three types of camels), and the offender is not to be killed, This happens when the devil excites enmity between people causing them to shed blood but not due to hatred or carrying weapons in fighting." Related by Ad-Daraqutni and graded it as weak Hadith.






1228. Ibn 'Abbas narrated that, 'A man killed another man during the lifetime of the Prophet so the decided that his Diyah would be 12 thousand (Dirhams).' Related by the four Imams.


1229. Abu Rimthah narrated, 'I came to the Prophet with my son and he asked me, "Who is this?" I answered, 'This is my son, and I swear on it.(344) The Messenger of Allah said,"He will not carry your burdens (345) (sins) and you will not carry his burdens." Related by An-Nasa'i and Abu Dawud. Ibn Khuzaimah and Ibn al-Garud graded it as Sahih.

344. In another narration, the Messenger of Allah asked him again, 'Is it true that he is your son?' The man then said I bear witness to it. The Messenger of Allah smiled because of the resemblance between the father and son and for the fact that the father took an oath on this matter.

345. Any action which entails Qisas or punishment.