The Book of Oaths (qasamah), Retaliation and Blood Money
Da'if
The Arabic includes the chain of narration (sanad) and the collector's commentary; the English translation shows the Prophet's words only.
أَخْبَرَنَا إِسْمَاعِيلُ بْنُ مَسْعُودٍ، قَالَ حَدَّثَنَا خَالِدٌ، قَالَ حَدَّثَنَا حَاتِمٌ، عَنْ سِمَاكٍ، ذَكَرَ أَنَّ عَلْقَمَةَ بْنَ وَائِلٍ، أَخْبَرَهُ عَنْ أَبِيهِ، أَنَّهُ كَانَ قَاعِدًا عِنْدَ رَسُولِ اللَّهِ صلى الله عليه وسلم إِذْ جَاءَ رَجُلٌ يَقُودُ آخَرَ بِنِسْعَةٍ فَقَالَ يَا رَسُولَ اللَّهِ قَتَلَ هَذَا أَخِي . فَقَالَ لَهُ رَسُولُ اللَّهِ صلى الله عليه وسلم " أَقَتَلْتَهُ " . قَالَ يَا رَسُولَ اللَّهِ لَوْ لَمْ يَعْتَرِفْ أَقَمْتُ عَلَيْهِ الْبَيِّنَةَ . قَالَ نَعَمْ قَتَلْتُهُ . قَالَ " كَيْفَ قَتَلْتَهُ " . قَالَ كُنْتُ أَنَا وَهُوَ نَحْتَطِبُ مِنْ شَجَرَةٍ فَسَبَّنِي فَأَغْضَبَنِي فَضَرَبْتُ بِالْفَأْسِ عَلَى قَرْنِهِ . فَقَالَ لَهُ رَسُولُ اللَّهِ صلى الله عليه وسلم " هَلْ لَكَ مِنْ مَالٍ تُؤَدِّيهِ عَنْ نَفْسِكَ " . قَالَ يَا رَسُولَ اللَّهِ مَالِي إِلاَّ فَأْسِي وَكِسَائِي . فَقَالَ لَهُ رَسُولُ اللَّهِ صلى الله عليه وسلم " أَتُرَى قَوْمَكَ يَشْتَرُونَكَ " . قَالَ أَنَا أَهْوَنُ عَلَى قَوْمِي مِنْ ذَاكَ . فَرَمَى بِالنِّسْعَةِ إِلَى الرَّجُلِ فَقَالَ " دُونَكَ صَاحِبَكَ " . فَلَمَّا وَلَّى قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " إِنْ قَتَلَهُ فَهُوَ مِثْلُهُ " . فَأَدْرَكُوا الرَّجُلَ فَقَالُوا وَيْلَكَ إِنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ " إِنْ قَتَلَهُ فَهُوَ مِثْلُهُ " . فَرَجَعَ إِلَى رَسُولِ اللَّهِ صلى الله عليه وسلم فَقَالَ يَا رَسُولَ اللَّهِ حُدِّثْتُ أَنَّكَ قُلْتَ " إِنْ قَتَلَهُ فَهُوَ مِثْلُهُ " . وَهَلْ أَخَذْتُهُ إِلاَّ بِأَمْرِكَ فَقَالَ " مَا تُرِيدُ أَنْ يَبُوءَ بِإِثْمِكَ وَإِثْمِ صَاحِبِكَ " . قَالَ بَلَى . قَالَ " فَإِنْ ذَاكَ " . قَالَ ذَلِكَ كَذَلِكَ .
"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 chopping firewood from a tree and he insulted me, so I got angry and struck him with the ax on the forehead." The Messenger of Allah said: "Do you have any wealth with which you can pay the Diyah to save yourself?" He said: "O Messenger of Allah, I do not have anything but my ax and my clothes." The Messenger of Allah said to him: "Do you think your people will pay to save you?" He said: "I am too insignificant to them for that." He threw the string to the man and said: "Here, thank him." When he turned to go, the Messenger of Allah said: "If he kills him, he will be like him. "They caught up with the man, and said: "Woe to you! The Messenger of Allah said: 'If he kills him, he will be like him. "So he went back to the Messenger of Allah and said: "O Messenger of Allah, I have been told that you said: 'if he kills him, he will be like him. 'But I only took him because you told me to. He said: 'Don't you want him to carry your sin and the sin of your companion (the victim)?' He said: 'Yes, if that is the case.' He said: 'And that is how it is."'
Narrated by '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:
Context
This hadith recounts a serious incident where a man confessed to killing another in a fit of anger. The Prophet Muhammad ﷺ navigated the situation with wisdom, emphasizing the consequences of one's actions and the importance of accountability. This narrative illustrates the complexities of justice and the need for compassion in dealing with human emotions.
Modern Application
In contemporary life, this principle can be applied to conflict resolution and anger management. It serves as a reminder of the importance of controlling one's emotions and seeking peaceful solutions to disputes.
Topics
This hadith is tagged with Qisas (Retribution) and Punishments (Hudud) because it discusses the consequences of taking a life and the principles of justice that follow.
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.
Then Allah sent a crow searching in the ground to show him how to hide the disgrace of his brother. He said, "O woe to me! Have I failed to be like this crow and hide the body of my brother?" And he became of the regretful.
And recite to them the story of Adam's two sons, in truth, when they both offered a sacrifice [to Allah], and it was accepted from one of them but was not accepted from the other. Said [the latter], "I will surely kill you." Said [the former], "Indeed, Allah only accepts from the righteous [who fear Him].
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.
This hadith is #4737 from Sunan an-Nasa'i, in the Book of The Book of Oaths (qasamah), Retaliation and Blood Money. It is graded Da'if and narrated by '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:.