Entités

Types of Blood-Wit (Kitab Al-Diyat)

BE40498Chapitre

Déclarations

3 sortant

Référencé par

100 entrant
Narrated Ziyad ibn Sa'd ibn Dumayrah as-Sulami: On the authority of his father (Sa'd) and his grandfather (Dumayrah) (according to Musa's version) who were present in the battle of Hunayn with the Messenger of Allah (ﷺ): After the advent of Islam, Muhallam ibn Jaththamah al-Laythi killed a man of Ashja'. That was the first blood-money decided by the Messenger of Allah (ﷺ) (for payment). Uyaynah spoke about the killing of al-Ashja'i, for he belonged to Ghatafan, and al-Aqra' ibn Habis spoke on behalf of Muhallam, for he belonged to Khunduf. The voices rose high, and the dispute and noise grew. So the Messenger of Allah (ﷺ) said: Do you not accept blood-money, Uyaynah? Uyaynah then said: No, I swear by Allah, until I cause his women to suffer the same fighting and grief as he caused my women to suffer. Again the voices rose high, and the dispute and noise grew. The Messenger of Allah (ﷺ) said: Do you not accept the blood-money Uyaynah? Uyaynah gave the same reply as before, and a man of Banu Layth called Mukaytil stood up. He had a weapon and a skin shield in his hand. He said: I do not find in the beginning of Islam any illustration for what he has done except the one that "some sheep came on, and those in the front were shot; hence those in the rear ran away". (The other example is that) "make a law today and change it." The Messenger of Allah (ﷺ) said: Fifty (camels) here immediately and fifty when we return to Medina. This happened during some of his journeys. Muhallam was a tall man of dark complexion. He was with the people. They continued (to make effort for him) until he was released. He sat before the Messenger of Allah (ﷺ), with his eyes flowing. He said: Messenger of Allah! I have done (the act) of which you have been informed. I repent to Allah, the Exalted, so ask Allah's forgiveness for me. Messenger of Allah! The Messenger of Allah (ﷺ) then said: Did you kill him with your weapon at the beginning of Islam. O Allah! do not forgive Muhallam. He said these words loudly. AbuSalamah added: He (Muhallam) then got up while he was wiping his tears with the end of his garment. Ibn Ishaq said: His people alleged that the Messenger of Allah (ﷺ) asked forgiveness for him after that. Abu Dawud said: Al-Nadr b. Shumail said: al-ghiyar means blood-wit.
Narrated Sahl b. Abi Hathmah and Rafi' b. Khadij: Muhayyasah b. Mas'ud and 'Abd Allah b. Sahl came to Khaibar and parted (from each other) among palm trees. 'Abd Allah b. Sahl was killed. The Jews were blamed (for the murder). 'Abd al-Rahman b. Sahl and Huwayyasah and Muhayyasah, the sons of his uncle (Mas'ud) came to the Prophet (ﷺ). 'Abd al-Rahman, who was the youngest, spoke about his brother, but the Messenger of Allah (ﷺ) said to him: (Respect) the elder, (respect) the elder or he said: Let the eldest begin. They then spoke about their friend and the Messenger of Allah (ﷺ) said: Fifty of you should take oaths regarding a man from them (the Jews) and he should be entrusted (to him) with his rope (in his neck). They said: It is a matter which we did not see. How can we take oaths ? He said: The Jews exonerate themselves by the oaths of fifty of them. They said: Messenger of Allah! they are a people who are infidels. So the Messenger of Allah (ﷺ) paid them bloodwit himself. Sahl said: Once I entered the resting place of their camels, and the she-camel struck me with her lef. Hammad said this or (something) similar to it. Abu Dawud said: Another version transmitted by Yahya b. Sa'id has: Would you swear fifty oaths and make you claim regarding your friend or your slain man ? Bishr, the transmitter, did mention blood. 'Abdah transmitted it from Yahya as transmitted by Hammad. Ibn 'Uyainah has also transmitted it from Yahya, and began with his words: The Jew will exonerate themselves by fifty oaths which they will swear. He did not mention the claim. Abu Dawud said: This is a misunderstanding on the part of Ibn 'Uyainah.
Sahl b. Abi Hathmah and some senior men of the tribe told that 'Abd Allah b. Abi Sahl and Muhayyasah came to Khaibar on account of the calamity (i.e. famine) that befall them. Muhayyasah came and told the 'Abd Allah b. Sahl had been killed and thrown in a well or stream. He hen came to the Jews and said: I swear by Allah, you have killed him. They said: We swear by Allah, we have not killed him. He then proceeded and came to his tribe and mentioned this to them. Then he, his brother Huwayyasah, who was older to him, and 'Abd al-Rahman b. Sahl came forward (to the Prophet). Muhayyasah began to speak. It was he who was at Khaibar. The Messenger of Allah (ﷺ) then said to him: Let the eldest (speak), let the eldest (speak), meaning age. So Huwayyasah spoke, and after him Muhayyasah spoke. The Messenger of Allah (ﷺ) then said: They should either pay the bloodwit for you friend or they should be prepared for war. So the Messenger of Allah (ﷺ) wrote to them about it. They wrote (in reply): We swear by Allah, we have not killed him. The Messenger of Allah (ﷺ) then said to Huwayyasah, Muhayyasah and 'Abd al-Rahman: Will you take an oath and thus have the claim to the blood of your friend ? They said: No. He (the Prophet) said: The Jews will then take an oath. They said: They are not Muslims. Then the Messenger of Allah (ﷺ) himself paid the bloodwit. The Messenger of Allah (ﷺ) then sent on one hundred she-camels and they were entered in their house. Sahl said: A red she-camel of them gave me a kick.
Narrated Abu Dawud: Abu Dawud and others have said: When a she-camel enters fourth year, the female is called hiqqah, and the male is called hiqq, for it deserves that it should be loaded and ridden. When a camel enters its fifth year, the male is called Jadha' and the female is called Jadha'ah. When it enters its sixth year, and sheds its front teeth, it is called thani (male) and thaniyyah (female). When it enters its seventh year, it is called raba' and raba'iyyah. When it enters its ninth year and cuts its canine teeth, it is called bazil. When it enters its tenth year, it is called mukhlif. Then there is no name for it, but is called bazil'am and bazil'amain, and mukhlif'am and mukhlif'amain, upto any year it increases. Nad d. Shumail said: Bint makhad is a she-camel of one year, and bin labun is s she-camel of two years, hiqqah is a she-camel of three years, jadha'ah is a she-camel of four years, thani is a camel of five years, raba' is a camel of six years, sadis is a camel of seven years, and bazil is a camel of eight years. Abu Dawud said: Abu Hatim and al-Asma'i said: Al-Jadhu'ah is a time when no tooth is growing. Abu Hatim said: Some of them said: When it sheds its teeth between front and canine teeth, it is called raba' and when it sheds its front teeth, it is called thani. Abu 'Ubaid said: When it becomes pregnant, it is called khalifah, and it remains khalifah for ten months; when it reaches ten months, it is called 'ushara', Abu Hatim said: When it shed its front teeth, it is called thani and when it sheds its teeth between front and canine teeth it is called raba'.
Narrated Abu Dawud: I found in my notebook from Shaiban and I did not hear from him ; Abu Bakr, a reliable friend of ours, said: Shaiban - Muhammad b. Rashid - Sulaiman b. Musad - 'Amr b. Suh'aib, On his father's authority, said that his grandfather said: The Messenger of Allah (ﷺ) would fix the blood-money for accidental killing at the rate of four hundred dinars or their equivalent in silver for townsmen, and he would fix it according to the price of camels. So when they were dear, he increased the amount to be paid, and when cheap prices prevailed he reduced the amount to be paid. In the time of the Messenger of Allah (ﷺ) they reached between four hundred and eight hundred dinars, their equivalent in silver being eight thousand dirhams. He said: The Messenger of Allah (ﷺ) gave judgment that those who possessed cattle should pay two hundred cows, and those who possessed sheep two thousand sheep. He said: The Messenger of Allah (ﷺ) said: The blood-money is to be treated as something to be inherited by the heirs of the one who has been killed, and the remainder should be divided among the agnates. He said: The Messenger of Allah (ﷺ) gave judgment that for cutting off a nose completely there was full blood-money, one hundred (camels) were to be paid. If the tip of the nose was cut off, half of the blood-money,i.e. fifty camels were to be paid, or their equivalent in gold or in silver, or a hundred cows, or one thousand sheep. For the hand, when it was cut of,f half of the blood-money was to be paid; for one foot of half, the blood-money was to be paid. For a wound in the head, a third of the blood-money was due, i.e. thirty-three camels and a third of the blood-money, or their equivalent in gold, silver, cows or sheep. For a head thrust which reaches the body, the same blood-money was to be paid. Ten camels were to be paid for every finger, and five camels for every tooth. The Messenger of Allah (ﷺ) gave judgment that the blood-money for a woman should be divided among her relatives on her father's side, who did not inherit anything from her except the residence of her heirs. If she was killed, her blood-money should be distributed among her heirs, and they would have the right of taking revenge on the murderer. The Messenger of Allah (ﷺ) said: There is nothing for the murderer; and if he (the victim) has no heir, his heir will be the one who is nearest to him among the people, but the murderer should not inherit anything. Muhammad said: All this has been transmitted to me by Sulayman ibn Musa on the authority of Amr ibn Shu'aib who, on his father's authority, said that his grandfather heard it from the Prophet (ﷺ). Abu Dawud said: Muhammad b. Rashid, an inhabitant of Damascus, fled from Basrah escaping murder.

Statistiques du graphe

Sortant3
Entrant100
Total103

Traductions

🇬🇧 English
Types of Blood-Wit (Kitab Al-Diyat)
🇸🇦 Arabic
كتاب الديات