While I was sitting in the company of Allah's Apostle (ﷺ), a person came there dragging another one with the help of a strap and said: Allah's Messenger, this man has killed my brother. Allah's Messenger (ﷺ) said to him: Did you kill him? And the other man said: (In case he did not make a confession of this, I shall brine, a witness against him). He (the murderer) said: Yes, I have killed him. He (the Holy Prophet) said: Why did you kill him? He said: I and he won striking down the leaves of a tree and he abused me and enraged me, and to I struck his head with an axe and killed him, whereupon Allah's Messenger (ﷺ) said: Have you anything with you to pay blood-wit on your behalf? He said: I do not possess any property but this robe of mine and this axe of mine. He (the Holy, Prophet) said: Do you think your people will pay ransom for you? He said: I am more insignificant among my people than this (that I would not be able to get this benefit from my tribe). He (the Holy Prophet) threw the strap towards him (the claimant of the blood-wit) saying: Take away your man. The man took him away, and as he returned, Allah's Messenger (ﷺ) said: If he kills him, he will be like him. He returned and said: Allah's Messenger, it has reached me that you have said that" If he killed him, he would be like him." I caught hold of him according to your command, whereupon Allah's Messenger (ﷺ) said: Don't you like that he should take upon him (the burden) of your sin and the sin of your companion (your brother)? He said: Allah's Apostle, why not? The Messenger of Allah (may peace be. upon him) said: If it is so, then let it be. He threw away the strap (around the offender) and set him free.
Narrated by 'Alqama b. Wa'il reported on the authority of his-father:
Context
This narration recounts a situation where the Prophet Muhammad (ﷺ) addresses a case of murder, emphasizing the importance of justice and accountability. It illustrates the need for proper evidence and the consequences of taking a life, reinforcing the value of human life in Islam.
Modern Application
In modern contexts, this principle underscores the importance of justice systems that ensure fair trials and accountability for actions. It serves as a reminder of the need for compassion and fairness in resolving conflicts.
Topics
This hadith is tagged with Justice and Qisas (Retribution) because it discusses the principles of justice and the consequences of taking a life.
And never is it for a believer to kill a believer except by mistake. And whoever kills a believer by mistake - then the freeing of a believing slave and a compensation payment presented to the deceased's family [is required] unless they give [up their right as] charity. But if the deceased was from a people at war with you and he was a believer - then [only] the freeing of a believing slave; and if he was from a people with whom you have a treaty - then a compensation payment presented to his family and the freeing of a believing slave. And whoever does not find [one or cannot afford to buy one] - then [instead], a fast for two months consecutively, [seeking] acceptance of repentance from Allah. And Allah is ever Knowing and Wise.
O you who have believed, prescribed for you is legal retribution for those murdered - the free for the free, the slave for the slave, and the female for the female. But whoever overlooks from his brother anything, then there should be a suitable follow-up and payment to him with good conduct. This is an alleviation from your Lord and a mercy. But whoever transgresses after that will have a painful punishment.
And do not kill the soul which Allah has forbidden, except by right. And whoever is killed unjustly - We have given his heir authority, but let him not exceed limits in [the matter of] taking life. Indeed, he has been supported [by the law].
And he entered the city at a time of inattention by its people and found therein two men fighting: one from his faction and one from among his enemy. And the one from his faction called for help to him against the one from his enemy, so Moses struck him and [unintentionally] killed him. [Moses] said, "This is from the work of Satan. Indeed, he is a manifest, misleading enemy."
This hadith is #4257 from Sahih Muslim, in the Book of The Book of Oaths, Muharibin, Qasas (Retaliation), and Diyat (Blood Money). It is graded Sahih and narrated by 'Alqama b. Wa'il reported on the authority of his-father:.