"Whoever kills his slave, we will kill him: whoever mutilates (his slave). We will mutilate him, and whoever castrates (his slave), we will castrate him."
Chapter 4: Mentioning The Different Wordings In The Report Of Sahl - كتاب القسامة
'Amr bin Dinar narrated that:
أَخْبَرَنَا يُوسُفُ بْنُ سَعِيدٍ، قَالَ حَدَّثَنَا حَجَّاجُ بْنُ مُحَمَّدٍ، عَنِ ابْنِ جُرَيْجٍ، قَالَ أَخْبَرَنِي عَمْرُو بْنُ دِينَارٍ، أَنَّهُ سَمِعَ طَاوُسًا، يُحَدِّثُ عَنِ ابْنِ عَبَّاسٍ، عَنْ عُمَرَ، رضى الله عنه أَنَّهُ نَشَدَ قَضَاءَ رَسُولِ اللَّهِ صلى الله عليه وسلم فِي ذَلِكَ فَقَامَ حَمَلُ بْنُ مَالِكٍ فَقَالَ كُنْتُ بَيْنَ حُجْرَتَىِ امْرَأَتَيْنِ فَضَرَبَتْ إِحْدَاهُمَا الأُخْرَى بِمِسْطَحٍ فَقَتَلَتْهَا وَجَنِينَهَا فَقَضَى النَّبِيُّ صلى الله عليه وسلم فِي جَنِينِهَا بِغُرَّةٍ وَأَنْ تُقْتَلَ بِهَا .
he heard Tawus narrate from Ibn 'Abbas, from 'Umar, may Allah be pleased with him, that he asked about the ruling of the Messenger of Allah concerning that. Hamal bin Malik stood up and said: "I was married to two women, and one of them struck the other with a tent pole and killed her and her fetus. The Prophet ruled that a slave be given (as Diyah) for her fetus and that she be killed (for killing the other woman)."
a Jew took some jewelry from a girl, then he crushed her head between two rocks. They found her as she was breathing her last, and they took her around among the people (saying); "Was it this one? Was it this one?" (When) she said yes, the Messenger of Allah ordered that his head be crushed between two rocks.
Chapter 4: Mentioning The Different Wordings In The Report Of Sahl - كتاب القسامة
It was narrated that Anas bin Malik said:
أَخْبَرَنَا عَلِيُّ بْنُ حُجْرٍ، قَالَ أَنْبَأَنَا يَزِيدُ بْنُ هَارُونَ، عَنْ هَمَّامٍ، عَنْ قَتَادَةَ، عَنْ أَنَسِ بْنِ مَالِكٍ، قَالَ خَرَجَتْ جَارِيَةٌ عَلَيْهَا أَوْضَاحٌ فَأَخَذَهَا يَهُودِيٌّ فَرَضَخَ رَأْسَهَا وَأَخَذَ مَا عَلَيْهَا مِنَ الْحُلِيِّ فَأُدْرِكَتْ وَبِهَا رَمَقٌ فَأُتِيَ بِهَا رَسُولُ اللَّهِ صلى الله عليه وسلم فَقَالَ " مَنْ قَتَلَكِ فُلاَنٌ " . قَالَتْ بِرَأْسِهَا لاَ . قَالَ " فُلاَنٌ " . قَالَ حَتَّى سَمَّى الْيَهُودِيَّ قَالَتْ بِرَأْسِهَا نَعَمْ فَأُخِذَ فَاعْتَرَفَ فَأَمَرَ بِهِ رَسُولُ اللَّهِ صلى الله عليه وسلم فَرُضِخَ رَأْسُهُ بَيْنَ حَجَرَيْنِ .
"A girl went out wearing some jewelry and a Jew caught her, crushed her head between two rocks and took the jewelry that she was wearing. She was found as she was breathing her last, and she was brought to the Messenger of Allah who said: 'Who killed you? Was it so and so?' She gestured no with her head, and he continued asking until he named the Jew, and she gestured yes with her head. He was caught and he confessed (to his crime), then the Messenger of Allah ordered that his head be crushed between two rocks."
"It is not permissible to kill a Muslim except in one of three cases: A adulterer who has been married, who is to be stoned; a man who kills a Muslim deliberately; and a man who leaves Islam and wages war against Allah, the Mighty and Sublime, and His Messenger, who is to be killed, crucified or banished from the land."
"I heard Abu Juhaifah say: 'We asked 'Ali: "Do you have anything from the Messenger of Allah apart from the Qur'an?" He said: "No, by the One who splits the seeds and creates the soul, unless Allah gives a slave understanding of His Book, or except this sheet." I said: "What is in the sheet?" He said: "In it are (the regulations concerning) blood money and the freeing of captives and (the rule) that no Muslim should be killed for killing a disbeliever."
"Ali said: 'The Messenger of Allah did not tell me anything that he did not tell the people, except what is in a sheet in the sheath of my word.' They did not leave him alone until he brought out the sheet, and in it (were the words): 'The lives of the believers are equal in value, and they hasten to support the asylum granted by the least of them, and they are one against others. But no believer may be killed in return for a disbeliever, nor one with a covenant while his covenant is in effect."
"What the people have been hearing from you has become widespread. If the Messenger of Allah told you anything, then tell us," He said: "The Messenger of Allah did not tell me anything that he did not tell the people, except that in the sheath of my sword there is a sheet, in which it says: 'The lives of the believers are equal in value, and they hasten to support the asylum granted by the least of them. But no believer may be killed in return for a disbeliever, nor one with a covenant while his covenant is in effect."' It is an abridgement of it.
The Messenger of Allah said: "Whoever kills a Mu'ahad with no justification, Allah will forbid Paradise to him and he will not even smell its fragrance."
Chapter 4: Mentioning The Different Wordings In The Report Of Sahl - كتاب القسامة
It was narrated from Al-Qasim bin Al-Mukhaimirah, from a man among the Companions of the Prophet, that the Prophet said:
أَخْبَرَنَا مَحْمُودُ بْنُ غَيْلاَنَ، قَالَ حَدَّثَنَا النَّضْرُ، قَالَ حَدَّثَنَا شُعْبَةُ، عَنْ مَنْصُورٍ، عَنْ هِلاَلِ بْنِ يِسَافٍ، عَنِ الْقَاسِمِ بْنِ مُخَيْمِرَةَ، عَنْ رَجُلٍ، مِنْ أَصْحَابِ النَّبِيِّ صلى الله عليه وسلم أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ
" مَنْ قَتَلَ رَجُلاً مِنْ أَهْلِ الذِّمَّةِ لَمْ يَجِدْ رِيحَ الْجَنَّةِ وَإِنَّ رِيحَهَا لَيُوجَدُ مِنْ مَسِيرَةِ سَبْعِينَ عَامًا " .
"Whoever kills a man from among Ahl Adh-Dhimmah.[2] he will not smell the fragrance of Paradise, and its fragrance may be detected from a distance of seventy years."
"The Messenger of Allah said: 'Whoever kills a person from among Ahl Adh-Dhimmah, he will not smell the fragrance of Paradise, and its fragrance may be detected from a distance of forty years."
a slave belonging to some poor people cut off the ear of a slave belonging to some rich people. They came to the Prophet but he did not give them anything.
Chapter 4: Mentioning The Different Wordings In The Report Of Sahl - كتاب القسامة
It was narrated from Anas that:
أَخْبَرَنَا إِسْحَاقُ بْنُ إِبْرَاهِيمَ، قَالَ أَنْبَأَنَا أَبُو خَالِدٍ، سُلَيْمَانُ بْنُ حَيَّانَ قَالَ حَدَّثَنَا حُمَيْدٌ، عَنْ أَنَسٍ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَضَى بِالْقِصَاصِ فِي السِّنِّ وَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم
" كِتَابُ اللَّهِ الْقِصَاصُ " .
the Messenger of Allah ruled that Qisas should be given for a tooth. The Messenger of Allah said: "The Messenger of Allah said: "What Allah has decreed is retaliation."
"Whoever castrates his slave, we will castrate him, and whoever mutilates his slave, we will mutilate him." This is the wording of Ibn Bashshar (one of the narrators).
Chapter 4: Mentioning The Different Wordings In The Report Of Sahl - كتاب القسامة
It was narrated from Anas that:
أَخْبَرَنَا أَحْمَدُ بْنُ سُلَيْمَانَ، قَالَ حَدَّثَنَا عَفَّانُ، قَالَ حَدَّثَنَا حَمَّادُ بْنُ سَلَمَةَ، قَالَ حَدَّثَنَا ثَابِتٌ، عَنْ أَنَسٍ، أَنَّ أُخْتَ الرُّبَيِّعِ أُمَّ حَارِثَةَ، جَرَحَتْ إِنْسَانًا فَاخْتَصَمُوا إِلَى النَّبِيِّ صلى الله عليه وسلم فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " الْقِصَاصَ الْقِصَاصَ " . فَقَالَتْ أُمُّ الرُّبَيِّعِ يَا رَسُولَ اللَّهِ أَيُقْتَصُّ مِنْ فُلاَنَةَ لاَ وَاللَّهِ لاَ يُقْتَصُّ مِنْهَا أَبَدًا . فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " سُبْحَانَ اللَّهِ يَا أُمَّ الرُّبَيِّعِ الْقِصَاصُ كِتَابُ اللَّهِ " . قَالَتْ لاَ وَاللَّهِ لاَ يُقْتَصُّ مِنْهَا أَبَدًا . فَمَا زَالَتْ حَتَّى قَبِلُوا الدِّيَةَ . قَالَ " إِنَّ مِنْ عِبَادِ اللَّهِ مَنْ لَوْ أَقْسَمَ عَلَى اللَّهِ لأَبَرَّهُ " .
the sister of Ar-Rubai' Umm Harithah injured a person and they referred the dispute to the Messenger of Allah. The Messenger of Allah said: "Retaliation, retaliation (Qisas)." Umm Ar-Rabi said: 'O Messenger of Allah, how could retaliation be carried out against so and so? No, by Allah, retaliation willnever be carried out against her!' The Messenger of Allah said: "Subhan Allah, O Umm Ar-Rabi'! decreed by Allah." She said: "No, by Allah, retaliation will never be carried out against her!" And she carried on until they accepted Diyah (blood money). He (the prophet) said: "There are among the slaves of Allah who, if they swear by Allah, Allah fulfills their oath.
his paternal aunt broke the front tooth of a girl and the Prophet of Allah decreed retaliation. Her brother, Anas bin An-Nadr, said: "Will you break the front tooth of so and so? No, by the One Who sent you with the truth, the front tooth of so and so will not be broken!" Before that, they had asked her family for forgiveness and blood money. When her brother - who was the paternal uncle of Anas and was martyred at Uhud - swore that oath, the people agreed to forgive. The Prophet said: "There are among the slaves of Allah who, if they swear by Allah, Allah fulfills their oath."
"Ar-Rubai broke the front tooth of a girls, and they asked them (her people) to forgive her, but they refused. They offered them blood money, but they refused. Then they went to the Prophet and he decreed relation. Anas Bin An-Nadr said: "O Messenger of Allah, will you break the front tooth of Ar-Rubai'? No, by the One Who sent you with the truth, it will not be broken!" He said: "O Anas, what Allah has decreed is retaliation." But the people agreed to forgive her. He (the Prophet) said: "There are among the slaves of Allah who, if they swear by Allah, Allah fulfills their oath."
Chapter 4: Mentioning The Different Wordings In The Report Of Sahl - كتاب القسامة
It was narrated from 'Imran bin Hussain that:
أَخْبَرَنَا أَحْمَدُ بْنُ عُثْمَانَ أَبُو الْجَوْزَاءِ، قَالَ أَنْبَأَنَا قُرَيْشُ بْنُ أَنَسٍ، عَنِ ابْنِ عَوْنٍ، عَنِ ابْنِ سِيرِينَ، عَنْ عِمْرَانَ بْنِ حُصَيْنٍ، أَنَّ رَجُلاً، عَضَّ يَدَ رَجُلٍ فَانْتَزَعَ يَدَهُ فَسَقَطَتْ ثَنِيَّتُهُ أَوْ قَالَ ثَنَايَاهُ فَاسْتَعْدَى عَلَيْهِ رَسُولَ اللَّهِ صلى الله عليه وسلم فَقَالَ لَهُ رَسُولُ اللَّهِ صلى الله عليه وسلم
" مَا تَأْمُرُنِي تَأْمُرُنِي أَنْ آمُرَهُ أَنْ يَدَعَ يَدَهُ فِي فِيكَ تَقْضَمُهَا كَمَا يَقْضَمُ الْفَحْلُ إِنْ شِئْتَ فَادْفَعْ إِلَيْهِ يَدَكَ حَتَّى يَقْضَمَهَا ثُمَّ انْتَزِعْهَا إِنْ شِئْتَ " .
a man bit the hand of another man, who pulled his hand away, and the man's front tooth (or from teeth) fell out. He complained about that to the Messenger of Allah, and the Messenger of Allah said: "What do you want? Do you want me to tell him to put his hand in your mouth, so that you can bite it like a stallion bites? Or, do you want to give him your hand so that he may bite it, then you can pull it away if you want?"
he pulled it away and a front tooth fell out. The matter was referred to the Messenger of Allah and he canceled (the Diyah) and said: "Did you want to bite your brother's flesh as a stallion bites?"
"Ya'la fought with a man, and one of them bit the other, who pulled his hand away from his mouth, and a front tooth fell out. They referred their dispute to the Messenger of Allah and he said: 'Would one of you bite his brother as a stallion bites? There is no Diyah for that."