Mishkat al-Masabih
‘Abdallah b. Mas'ud reported God’s Messenger as saying, “The blood of a Muslim who testifies that there is no god but God and that I am God’s Messenger may not lawfully be shed but for one of three reasons: a life for a life; a married man who commits fornication; and one who turns aside from his religion and abandons the community.” (Bukhari and Muslim.)
Reference: Mishkat al-Masabih 3446
In-book reference: Book 16, Hadith 1
Ibn ‘Umar reported God’s Messenger as saying, “A believer will continue to find ample scope in his religion as long as he does not kill anyone unlawfully.” Bukhari transmitted it.
Reference: Mishkat al-Masabih 3447
In-book reference: Book 16, Hadith 2
‘Abdallah b. Mas'ud reported God’s Messenger as saying, “Shedding of blood will be the first matter about which judgment will be given on the day of resurrection.” (Bukhari and Muslim.)
Reference: Mishkat al-Masabih 3448
In-book reference: Book 16, Hadith 3
Al-Miqdad b. al-Aswad told that he said, “Tell me, Messenger of God, supposing I meet an infidel and we fight together and he strikes one of my hands with his sword and cuts it off, then flies for refuge from me to a tree and says he has submitted himself to God (or, in another version, says when I intend to kill him that there is no god but God), shall I kill him after he has said it?” He replied, “Do not kill him.” He protested, “But, Messenger of God, he cut off one of my hands.” God’s Messenger then replied, “Do not kill him, for if you do so, he will be in the position in which you were before you killed him, and you will be in the position in which he was before he made his testimony.”* (Bukhari and Muslim.) *i.e. he will now be one for whose killing retaliation may be demanded, and you will be one whose blood may lawfully be shed.
Reference: Mishkat al-Masabih 3449
In-book reference: Book 16, Hadith 4
Usama b. Zaid said: God’s Messenger sent us to some people of Juhaina, and I attacked one of them and was about to spear him when he said, “There is no god but God.” I then speared him and killed him, after which I went and told the Prophet. He said, “Did you kill him when he had testified that there is no god but God?” I replied, “Messenger of God, he did that only as a means to escape death.” He asked, “Why did you not split his heart?”* (Bukhari and Muslim.) *He is here rebuked for attributing motives to the man when he could not know his inner motive. Splitting the heart is a figure of speech for examining the inner motives. In the version of Jundub b. ‘Abdallah al-Bajali God’s Messenger is reported as saying several times, “How will you deal with ‘There is no god but God’ when it comes on the day of resurrection?” Muslim transmitted it.
Reference: Mishkat al-Masabih 3450, 3451
In-book reference: Book 16, Hadith 5
‘Abdallah b. ‘Amr reported God’s Messenger as saying, “If anyone kills a man who has made a covenant* he will not experience the fragrance of paradise, yet its odour can be experienced at a distance of forty years’ journey.” Bukhari transmitted it. * Mu'ahid. This is used of a member of protected communities, but is also used of anyone who belongs to a non-Muslim community with whom a treaty of peace has been made.
Reference: Mishkat al-Masabih 3452
In-book reference: Book 16, Hadith 6
Abu Huraira reported God’s Messenger as saying, “He who throws himself from a mountain and kills himself will be thrown down in the fire of jahannam and remain in it for ever and ever; he who sips poison and kills himself will have his poison in his hand and sip it for ever and ever in the fire of jahannam; and he who kills himself with a piece of iron will have his piece of iron in his hand and will be stabbed with it in his belly in the fire of jahannam for ever and ever.” (Bukhari and Muslim.)
Reference: Mishkat al-Masabih 3453
In-book reference: Book 16, Hadith 7
He reported God's Messenger as saying, “He who strangles himself will do so in hell, and he who thrusts a spear into himself will do so in hell.” Bukhari transmitted it.
Reference: Mishkat al-Masabih 3454
In-book reference: Book 16, Hadith 8
Jundub b. ‘Abdallah reported God’s Messenger as saying that among those who lived before their time there was a man who had a wound and had so little patience to bear it that he took a knife with which he cut off his hand, but the blood did not cease to flow till he died. God most high said, “My servant has tried to outstrip me in taking his life, so I have excluded him from paradise.” (Bukhari and Muslim.)
Reference: Mishkat al-Masabih 3455
In-book reference: Book 16, Hadith 9
Jabir said that when the Prophet (ﷺ) emigrated to Medina at-Tufail b. ‘Amr ad-Dausi did so also accompanied by one of his people who became ill and had so little patience to bear it that he took some arrow heads of his with which he cut his knuckles, and his hands flowed with blood till he died. Then at-Tufail b. ‘Amr saw him in a dream with a fine appearance and saw him covering his hands, so he said to him, “What did your Lord do to you?" He replied, “He forgave me because of my emigration to His prophet.” He asked, “How is it that I see you covering your hands? He replied that it had been said to him, “We will not put right what you have spoilt." At-Tufail told this to the Prophet (ﷺ) and he said, “O God, forgive his hands also." Muslim transmitted it.
Reference: Mishkat al-Masabih 3456
In-book reference: Book 16, Hadith 10
Abu Shuraih al-Ka'bi reported God’s Messenger as saying, “Then you, Khuza’a, have killed this man of Hudhail, but I swear by God that I will pay his blood wit. If anyone kills a man hereafter his people will have a choice, to kill him if they wish, or to accept blood wit if they wish." Tirmidhi and Shafi‘i transmitted it. It occurs in Sharh as-sunna with his isnad, but it states clearly that it does not occur in the two Sahihs on the authority of Abu Shuraih, saying that they rendered it from Abu Huraira’s version, meaning something similar.* *In Masabih as-sunna the tradition is given among the sound ones without any reference to its source. Here Sharh as-sunna is quoted to the effect that the above tradition is not given by Bukhari or Muslim, but that they give something similar on Abu Huraira’s authority. Section 1 is normally confined to traditions from Bukhari or Muslim, or from both, so it is strange to find that a tradition from another source is here preferred to theirs.
Reference: Mishkat al-Masabih 3457, 3458
In-book reference: Book 16, Hadith 11
Anas said that a Jew crushed a girl’s head between two stones and she was asked who had done this to her, whether it was so and so, or so and so, until the Jew was named, whereupon she gave a sign with her head. The Jew was fetched, and when he admitted it God’s Messenger gave command that his head should be crushed with stones. (Bukhari and Muslim.)
Reference: Mishkat al-Masabih 3459
In-book reference: Book 16, Hadith 12
He said that ar-Rubaiyi‘, paternal aunt of Anas b. Malik, broke the front tooth of a girl of the Ansar, and when they went to the Prophet (ﷺ) he ordered retaliation to be taken. Then Anas b. an-Nadr, paternal uncle of Anas b. Malik, said, “No, by God, her front tooth will not be broken, Messenger of God." He replied, “Anas, God’s decree is retaliation." But the people were agreeable to accepting a fine, so God’s Messenger said, “Among God’s servants there are those who, if one adjured God, would consent to it." (Bukhari and Muslim.)
Reference: Mishkat al-Masabih 3460
In-book reference: Book 16, Hadith 13
Abu Juhaifa said he asked ‘Ali whether he had any instruction not contained in the Qur’an and he replied, “By Him who split the seed and created the soul, I have nothing but what is in the Qur’an, except understanding which a man is given regarding His Book and what is in the document.” He asked him what the document contained, and he replied, “Blood wit, the setting free of a prisoner, and that a Muslim should not be killed for an infidel.” Bukhari transmitted it.
Reference: Mishkat al-Masabih 3461
In-book reference: Book 16, Hadith 14
'Abdallah b. ‘Amr reported the Prophet (ﷺ) as saying, “The passing away of the world would mean less to God than the murder of a Muslim man.” Tirmidhi and Nasa’i transmitted it. Some traced it only to the Companion, and that is the soundest view. Ibn Majah transmitted it on the authority of al-Bara’ b. 'Azib.
Reference: Mishkat al-Masabih 3462, 3463
In-book reference: Book 16, Hadith 15
Abu Sa'id and Abu Huraira reported God's Messenger as saying, “If the inhabitants of heaven and earth were to share in [shedding] the blood of a believer, God would overturn them in hell.” Tirmidhi transmitted it, saying this is a gharib tradition.
Reference: Mishkat al-Masabih 3464
In-book reference: Book 16, Hadith 16
Ibn ‘Abbas reported the Prophet (ﷺ) as saying, “On the day of resurrection the slain will bring the slayer with his forelock and his head in his hand, his own jugular vein meanwhile dripping with blood, and he will say, ‘My Lord, he killed me’ till he brings him near the Throne.” Tirmidhi, Nasa’i and Ibn Majah transmitted it.
Reference: Mishkat al-Masabih 3465
In-book reference: Book 16, Hadith 17
Abu Umama b. Sahl b. Hunaif told that when ‘Uthman b. ‘Affan was besieged he looked down and said: I adjure you by God. Are you aware that God’s Messenger said, “It is not lawful to kill a man who is a Muslim except for one of three reasons: fornication after marriage, or unbelief after accepting Islam, or wrongfully killing someone, for which he may be killed”? I swear by God that I have not committed fornication before or after the coming of Islam, or apostatised since I swore allegiance to God's Messenger, or killed anyone whom God has declared inviolate; so for what reason do you want to kill me? Tirmidhi, Nasa'i and Ibn Majah transmitted it, and Darimi gives the wording of the tradition.
Reference: Mishkat al-Masabih 3466
In-book reference: Book 16, Hadith 18
Abu ad-Darda’ reported God’s Messenger as saying, “A believer will continue to go on quickly and well* so long as he does not kill anyone unlawfully, but when he does so he will grow weary.” Abu Dawud transmitted it. *i.e. quick to obey God’s commands and observing well what is due to God and man.
Reference: Mishkat al-Masabih 3467
In-book reference: Book 16, Hadith 19
He reported God’s Messenger as saying, “God may forgive every sin, except in the case of one who dies a polytheist, or one who purposely kills a believer.” Abu Dawud transmitted it, and Nasa’i transmitted it on the authority of Mu'awiya.
Reference: Mishkat al-Masabih 3468, 3469
In-book reference: Book 16, Hadith 20
Ibn ‘Abbas reported God’s Messenger as saying, “The prescribed punishments are not to be inflicted in mosques and a father is not to be killed for a son.” Tirmidhi and Darimi transmitted it.
Reference: Mishkat al-Masabih 3470
In-book reference: Book 16, Hadith 21
Abu Rimtha said: I came to God’s Messenger with my father, and on his asking who this was along with him, he replied, “He is my son; be witness to the fact.” He said, “He will not bring evil on you, nor will you bring evil on him.”* Abu Dawud and Nasa’i transmitted it. * This is explained as meaning that neither will be punished for the wrong done by the other. In Sharh as-sunna there is an addition at the beginning. He said: I went in with my father to see God’s Messenger, and when my father saw what was on God's Messenger’s back he said, “Let me treat what is on your back, for I am a physician.” He replied, “You are the helper, but God is the Physician.”* *i.e. you act in a gentle manner giving help and advice, but only God can cure.
Reference: Mishkat al-Masabih 3471
In-book reference: Book 16, Hadith 22
‘Amr b. Shu'aib, on his father’s authority, said his grandfather told that Suraqa b. Malik said he was present when God's Messenger allowed a father to take retaliation on his son, but did not allow a son to take retaliation on his father. Tirmidhi transmitted it, declaring it to be weak.
Reference: Mishkat al-Masabih 3472
In-book reference: Book 16, Hadith 23
Al-Hasan, on Samura’s authority, quoted God’s Messenger as saying, “If anyone kills his slave we will kill him, and if anyone maims his slave we will maim him.” Tirmidhi, Abu Dawud, Ibn Majah and Darimi transmitted it, and Nasa’i added in another version, “If anyone castrates his slave we will castrate him.”
Reference: Mishkat al-Masabih 3473
In-book reference: Book 16, Hadith 24
'Amr b. Shu'aib, on his father’s authority, said his grandfather reported God’s Messenger as saying, “If anyone kills a man deliberately he is to be handed over to the relatives of the one who has been killed. If they wish they may kill him, but if they wish they may accept blood wit, which is thirty she-camels in their fourth year, thirty in their fifth year, and forty pregnant she-camels. Any arrangement they make with him is for them to decide.” Tirmidhi transmitted it.
Reference: Mishkat al-Masabih 3474
In-book reference: Book 16, Hadith 25
‘Ali reported the Prophet (ﷺ) as saying, “The lives of all Muslims are equal; the lowliest of them can guarantee their protection, the most distant can keep others from breaking protection he has given,* and they are one band against others. A Muslim must not be killed for an infidel, nor must one who has been given a covenant be killed while his covenant holds.” Abu Dawud and Nasa’i transmitted it, and Ibn Majah transmitted it on the authority of Ibn ‘Abbas. * The interpretation which seems to be preferred is that no matter how far one may live from the land of infidels, any protection one may guarantee to an infidel must be respected by all Muslims. Another possible explanation is that when a detachment is sent ahead into infidel country those who remain behind them are entitled to their portion of any spoil they take, but it is felt that this meaning does not suit the context. The Arabic words are wa-yaruddu 'alaihim aqsahum.
Reference: Mishkat al-Masabih 3475, 3476
In-book reference: Book 16, Hadith 26
Abu Shuraih al-Khuza'i told that he heard God's Messenger say, “If a relative of anyone is killed, or if he suffers khabal, which means a wound, he may choose one of three things, but if he wants anything more* you must restrain him. He may retaliate, or forgive, or receive compensation; but if he accepts one of these and afterwards asks something more, he will go to hell for ever and ever.” Darimi transmitted it. * Literally “the fourth.”
Reference: Mishkat al-Masabih 3477
In-book reference: Book 16, Hadith 27
Ta’us, on the authority of Ibn ‘Abbas, reported God’s Messenger as saying, “If anyone is killed in error when people are throwing stones, or by beating with whips, or striking with a stick, it is accidental and the compensation for accidental death is due.* But if anyone kills someone deliberately retaliation is due, and if anyone tries to prevent it God’s curse and anger will rest on him, and neither supererogatory nor obligatory acts will be accepted from him.” Abu Dawud and Nasa’i transmitted it. *These are instances in which the actual person who killed him is not clearly known, or where there was no intention to kill.
Reference: Mishkat al-Masabih 3478
In-book reference: Book 16, Hadith 28
Jabir reported God’s Messenger as saying, “I will not forgive any-one who kills after accepting blood wit.” Abu Dawud transmitted it.
Reference: Mishkat al-Masabih 3479
In-book reference: Book 16, Hadith 29
Abud Darda’ told that he heard God’s Messenger say, “No one will suffer any bodily injury and forgive it* without God raising him a degree for it and removing a sin from him.” Tirmidhi and Ibn Majah transmitted it. * Literally "give it as sadaqa.”
Reference: Mishkat al-Masabih 3480
In-book reference: Book 16, Hadith 30
Sa'id b. al-Musayyib told that ‘Umar b. al-Khattab killed five or seven people for one man whom they had killed treacherously, ‘Umar saying. “If the people of San'a’ had conspired against him I would have killed them all.” Malik transmitted it, and Bukhari transmitted something similar on the authority of Ibn ‘Umar.
Reference: Mishkat al-Masabih 3481, 3482
In-book reference: Book 16, Hadith 31
Jundub said he was told by so and so that God’s Messenger said, “On the day of resurrection the man who has been killed will bring the one who killed him and say, ‘Ask this man why he killed me,’ and he will say, ‘I killed him on account of so and so's property’.”* Jundub said, “Avoid that.” Nasa’i transmitted it. * There is some doubt as to whether the word is to be read milk or mulk. The translation above follows the former the latter is the correct reading it would require "in the time of so and so's reign." This, however, does not seem to suit the context.
Reference: Mishkat al-Masabih 3483
In-book reference: Book 16, Hadith 32
Abu Huraira reported God’s Messenger as saying, “If anyone helps in killing a believer to the extent of half a word,* he will meet God with ‘Despairing of God’s mercy’ written on his forehead.” Ibn Majah transmitted it. * This is taken to mean that it is a serious matter even to utter half the word which expresses an intention to kill a believer.
Reference: Mishkat al-Masabih 3484
In-book reference: Book 16, Hadith 33
Ibn ‘Umar reported the Prophet (ﷺ) as saying, “If a man seizes a man and another kills him, the one who killed him is to be killed and the one who seized him is to be imprisoned.” Daraqutni transmitted it.
Reference: Mishkat al-Masabih 3485
In-book reference: Book 16, Hadith 34
Ibn ‘Abbas reported the Prophet (ﷺ) as saying, “This and that are equal,” meaning the little finger and the thumb. Bukhari transmitted it.
Reference: Mishkat al-Masabih 3486
In-book reference: Book 16, Hadith 35
Abu Huraira told that God’s Messenger gave judgment, when the child of a woman of the B. Lihyan was born dead,* that a male or female slave of the best quality be paid in compensation. Then the woman against whom he had given this judgment died, and God’s Messenger gave judgment that her sons and husband should inherit from her and that the compensation should be paid by her relatives on her father’s side. (Bukhari and Muslim.) * Lihyan were a section of the tribe of Hudhail, so this tradition may be explained by what is said in the next ones. It was not merely an instance of a child being born dead; this was due to the injury caused by another woman.
Reference: Mishkat al-Masabih 3487
In-book reference: Book 16, Hadith 36
He said that two women of Hudhail fought together and one of them threw a stone at the other killing both her and what was in her womb. Then God’s Messenger gave judgment that the blood wit for her unborn child should be a male or female slave of the best quality, he gave judgment that the woman responsible for blood wit should pay her blood wit, and he made her sons and those who were with them her heirs. (Bukhari and Muslim.)
Reference: Mishkat al-Masabih 3488
In-book reference: Book 16, Hadith 37
Al-Mughira b. Shu'ba told that one of two women who were fellow-wives threw a stone or a tent-pole at the other causing an abortion, and God’s Messenger gave judgment that a male or female slave of the best quality be given as compensation for the abortion, and he appointed it to be paid by the woman’s relatives on the father's side. This is Tirmidhi’s version.* Tirmidhi * The principle mentioned in the preface is not observed here. Section 1 should have only traditions from Bukhari or Muslim, but here Tirmidhi’s version is given first. In Muslim’s version he said that a woman struck her fellow-wife with a tent-pole when she was pregnant and killed her, adding that one of them belonged to Lihyan. He said that God’s Messenger made the blood wit for the woman who was killed payable by the paternal relatives of the woman who killed her, and made a slave of the best quality the compensation for the child that had been in her womb. Muslim.
Reference: Mishkat al-Masabih 3489
In-book reference: Book 16, Hadith 38
'Abdallah b. ‘Amr reported God's Messenger as saying, “The blood wit for unintentional murder which resembles intentional, such as is done with a whip and a stick, is a hundred camels, forty of which are pregnant.” Nasa'i, Ibn Majah and Darimi transmitted it, and Abu Dawud transmitted it both on his authority and on that of Ibn ‘Umar. Sharh as-sunna has the wording in al-Masabih on the authority of Ibn ‘Umar.
Reference: Mishkat al-Masabih 3490, 3491
In-book reference: Book 16, Hadith 39
Abu Bakr b. Muhammad b. ‘Amr b. Hazm, on his father’s authority, said his grandfather told that God’s Messenger wrote to the people of the Yemen, and that his letter contained the following: “If anyone kills a believer wrongfully he must suffer retaliation for what his hand has done unless the relatives of the one who is killed are willing to do otherwise.” It also said that a man may be killed in retaliation for a woman; that the blood wit for a life is a hundred camels; that those who have gold should pay a thousand dinars; that for the complete cutting off of a nose the blood wit of a hundred camels must be paid; that full blood wit must be paid for the teeth, the lips, the testicles, the penis, the backbone and the eyes ; that for one foot half the blood wit must be paid, for a wound in the head a third of the blood wit, for a thrust which penetrates the body a third of the blood wit, for a head wound which removes a bone fifteen camels, for each finger and toe ten camels, and for tooth five camels. Nasa’i and Darimi transmitted it. In Malik’s version it says: For an eye fifty, for a hand fifty, for a foot fifty, and for a wound which lays bare the bone five.
Reference: Mishkat al-Masabih 3492
In-book reference: Book 16, Hadith 40
‘Amr b. Shu'aib, on his father’s authority, told that his grandfather said God’s Messenger gave judgment that five camels be paid for every wound which lays bare a bone, and five camels for every tooth. Abu Dawud, Nasa’i and Darimi transmitted it, and Tirmidhi and Ibn Majah transmitted the first part.
Reference: Mishkat al-Masabih 3493
In-book reference: Book 16, Hadith 41
Ibn ‘Abbas said that God’s Messenger treated the fingers and toes as equal. Abu Dawud and Tirmidhi transmitted it.
Reference: Mishkat al-Masabih 3494
In-book reference: Book 16, Hadith 42
He reported God’s Messenger as saying, “The fingers and toes are equal,1 the teeth are equal, the front tooth and the molar tooth are equal, this and that are equal.”2 Abu Dawud transmitted it. 1. In this tradition only al-asabi' is given, whereas the asabi of the hands and the feet are specified in the preceding. It must obviously mean both fingers and toes here. 2. It has been suggested that "this and that” refers only to the little finger and the thumb (cf. the first tradition in the chapter), but it may here refer to the front tooth and the molar tooth mentioned immediately before it.
Reference: Mishkat al-Masabih 3495
In-book reference: Book 16, Hadith 43
‘Amr b. Shu'aib, on his father’s authority, said his grandfather told that God’s Messenger said in the course of an address in the year of the Conquest, “O people, there is no confederacy in Islam, but such as existed in pre-Islamic times is made still stronger by Islam. The believers are one band against others, the lowliest of them gives protection as from all, the most distant of them sends back spoil to them,* their expeditions sending it back to those who are at home. A believer shall not be killed for an infidel. The blood wit for an infidel is half that for a Muslim. There is to be no bringing in of animals to be assessed for zakat, neither are they to be removed to their pastures, but the sadaqat are to be received only in their dwellings.”, And in a version he said, “The blood wit for one with whom a covenant has been made is half that for a freeman.” Abu Dawud transmitted it. * Here the context seems to require this translation but cf. p. 739, n 1.
Reference: Mishkat al-Masabih 3496
In-book reference: Book 16, Hadith 44
Khishf b. Malik, on the authority of Ibn Mas'ud, said God’s Messenger gave judgment that the blood wit for accidental killing should be twenty female and twenty male camels which had entered their second year, twenty she-camels which had entered their third year, twenty she-camels in their fifth year and twenty she-camels in their fourth year. Tirmidhi, Abu Dawud and Nasa’i transmitted it, but the sound view is that it does not go back beyond Ibn Mas'ud. Khishf is unknown, being known only by this tradition. It is transmitted in Sharh as-sunna that the Prophet (ﷺ) paid bloodwit for those slain at Khaibar from the camels of the sadaqa, but the male camel which has entered its second year is not among the age groups of the camels of the sadaqa, only the male camel which has entered its third year being included.
Reference: Mishkat al-Masabih 3497
In-book reference: Book 16, Hadith 45
‘Amr b. Shu'aib, on his father's authority, said his grandfather told that the value of the blood wit in the time of God’s Messenger was eight hundred dinars or eight thousand dirhams, and that the blood wit for the people of the Book at that time was half that for Muslims. He said that applied till ‘Umar became Caliph, and he made a speech in which he said camels had become dear; so ‘Umar fixed the value for those who possessed gold at a thousand dinars, for those who possessed silver at twelve thousand,* for those who possessed cattle at two hundred cows, for those who possessed sheep at two thousand sheep, and for those who possessed suits of clothing at two hundred suits. But he said he left the blood wit for dhimmis as it was, not raising it in proportion to the increase he made in the blood wit. Abu Dawud transmitted it. *i.e. dirhams
Reference: Mishkat al-Masabih 3498
In-book reference: Book 16, Hadith 46
Ibn ‘Abbas said the Prophet (ﷺ) fixed the blood wit at twelve thousand.* Tirmidhi, Abu Dawud, Nasa’i and Darimi transmitted it. *i.e. dirhams
Reference: Mishkat al-Masabih 3499
In-book reference: Book 16, Hadith 47
‘Amr b. Shu'aib, on his father’s authority, said his grandfather told that God’s Messenger was fixing the blood wit for accidental death at the rate of four hundred dinars or their equivalent in silver for townsmen, and he was fixing 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 God’s Messenger they reached between four hundred and eight hundred dinars, their equivalent in silver being eight thousand dirhams. He said that God's Messenger gave judgment that those who possessed cattle should pay two hundred cows, and those who possessed sheep two thousand sheep. He said that blood wit was to be treated as something to be inherited by the heirs of the one who was killed, and he gave judgment that the blood wit for a woman should be divided among her relatives on her father’s side, but the killer should not inherit anything. Abu Dawud and Nasa’i transmitted it.
Reference: Mishkat al-Masabih 3500
In-book reference: Book 16, Hadith 48
He said, on his father’s authority, that his grandfather reported the Prophet (ﷺ) as saying, “Blood wit for what resembles intentional murder is to be made as severe as that for intentional murder, but the Culprit is not to be killed.” Abu Dawud transmitted it.
Reference: Mishkat al-Masabih 3501
In-book reference: Book 16, Hadith 49
He said, on his father’s authority, that his grandfather told that God’s Messenger gave judgment that a third of the blood wit should be paid for loss of eyesight when the eye is not removed. Abu Dawud and Nasa’i transmitted it.
Reference: Mishkat al-Masabih 3502
In-book reference: Book 16, Hadith 50
Muhammad b. ‘Amr, on the authority of Abu Salama, said Abu Huraira told that God’s Messenger gave judgment that a male or female slave of the best quality, or a horse, or a mule should be paid for a miscarriage. Abu Dawud transmitted it, saying this tradition is transmitted by Hammad b. Salama and Khalid al-Wasiti on the authority of Muhammad b. ‘Amr, but he did not mention “or a horse or a mule.”
Reference: Mishkat al-Masabih 3503
In-book reference: Book 16, Hadith 51
‘Amr b. Shu'aib, on his father’s authority, said his grandfather reported God’s Messenger as saying, “Anyone who practices medicine when he is not known as a practitioner will be held responsible.”* Abu Dawud and Nasa’i transmitted it. *He will have to pay blood wit if the patient dies.
Reference: Mishkat al-Masabih 3504
In-book reference: Book 16, Hadith 52
‘Imran b. Husain told that when the slave of some poor people cut off the ear of a slave of some rich people, and his people came to the Prophet (ﷺ) telling him that they were poor, he imposed no compensation on them. Abu Dawud and Nasa’i transmitted it.
Reference: Mishkat al-Masabih 3505
In-book reference: Book 16, Hadith 53
‘Ali said that the blood wit for what looked like intentional murder was in three parts: thirty-three she-camels in their fourth year, thirty- three she-camels in their fifth year, and thirty-four she-camels in the sixth year up to the ninth, all pregnant. In a version he said that the blood wit for unintentional murder was in four parts: twenty-five she-camels in their fourth year, twenty-five she-camels in their fifth year, twenty-five she-camels in their third year, and twenty-five she-camels in their second year. Abu Dawud transmitted it.
Reference: Mishkat al-Masabih 3506
In-book reference: Book 16, Hadith 54
Mujahid said ‘Umar gave judgment that the blood wit for what resembled intentional murder should be thirty she-camels in their fourth year, thirty she-camels in their fifth year, and forty pregnant she-camels in their sixth year up to the ninth. Abu Dawud transmitted it.
Reference: Mishkat al-Masabih 3507
In-book reference: Book 16, Hadith 55
Sa'id b. al-Musayyib said God’s Messenger gave judgment that a male or girl slave of the best quality should be paid for a child which is killed in its mother’s womb. When the one against whom this judgment was given asked, “How should I be fined for one who has not eaten or drunk, or spoken, or raised his voice?” adding that compensation is not to be paid for such, God’s Messenger said, “This man simply belongs to the kahins.”* Malik and Nasa’i transmitted it in mursal form, but Abu Dawud transmitted it on his authority (i.e. Sa'id’s) on the authority of Abu Huraira with a fully connected isnad. * There is a suggestion of rhyme in the Arabic used by the man who asked the question, so he is compared to the kahins who made their utterances in this form.
Reference: Mishkat al-Masabih 3508, 3509
In-book reference: Book 16, Hadith 56
Abu Huraira reported God’s Messenger as saying, “No retaliation is payable for a wound caused by a dumb animal, for a mine, or for a well.”* (Bukhari and Muslim.) * A longer form is given on p. 380. The reference is said to be an animal which is not at the time under anyone's charge. No responsibility attaches to anyone who has dug a mine or a well in a place where he is entitled to do so if someone falls in.
Reference: Mishkat al-Masabih 3510
In-book reference: Book 16, Hadith 57
Ya’ la b. Umayya said: I went with God’s Messenger on the expedition of the army of distress,* and I had a hired servant who fought with a man, one of whom bit the other’s hand. The one who was bitten drew away his hand from the mouth of the one who bit him, dislodging his front tooth which fell out. He went to the Prophet, but he imposed no retaliation for his front tooth, saying, ‘Could he be expected to leave his hand in your mouth when you were crunching it like a male camel?” (Bukhari and Muslim.) * This refers to the expedition to Tabuk in 9 A H. Cf. Al-Qur'an, 9:117.
Reference: Mishkat al-Masabih 3511
In-book reference: Book 16, Hadith 58
‘Abdallah b. 'Amr told of hearing God’s Messenger say, “He who is killed protecting his property is a martyr.” (Bukhari and Muslim.)
Reference: Mishkat al-Masabih 3512
In-book reference: Book 16, Hadith 59
Abu Huraira told that a man came and asked God’s Messenger to tell him what he should do if a man came wanting to take his property. He replied, “Do not give him your property.” He asked him to tell him what to do if the man fought with him, and he replied, “Fight with him.” He asked him to tell him what would happen if the man killed him, and he replied, “You will be a martyr.” He asked him to tell him what would happen if he killed the man, and he replied, “He will go to hell.” Muslim transmitted it.
Reference: Mishkat al-Masabih 3513
In-book reference: Book 16, Hadith 60
He told that he heard God’s Messenger say, “If anyone were to look into your house without receiving your permission and you were to throw a pebble at him and put out his eye, you would be guilty of no offence.” (Bukhari and Muslim)
Reference: Mishkat al-Masabih 3514
In-book reference: Book 16, Hadith 61
Sahl b. Sa'd said that a man looked through a hole in God’s Messenger’s door when God’s Messenger had a spike with which he was scratching his head, so he said, “If I knew that you were seeing me I would poke it in your eyes, for asking permission has been appointed only on account of what people may see.” (Bukhari and Muslim.)
Reference: Mishkat al-Masabih 3515
In-book reference: Book 16, Hadith 62
'Abdallah b. Mughaffal told that he saw a man throwing pebbles and told him not to do so, for God’s Messenger had forbidden it, saying, “Game is not caught by such means, neither is an enemy injured, but you may sometimes break a tooth or put out an eye.” (Bukhari and Muslim.)
Reference: Mishkat al-Masabih 3516
In-book reference: Book 16, Hadith 63
Abu Musa reported God’s Messenger as saying, “When one of you passes along in our mosque or in our market having arrows with him he should grasp their points lest he cause any injury by them to a Muslim.” (Bukhari and Muslim.)
Reference: Mishkat al-Masabih 3517
In-book reference: Book 16, Hadith 64
Abu Huraira reported God’s Messenger as saying, “None of you must point a weapon at his brother, for he does not know whether perhaps the devil may draw it out while it is in his hand as a result of which he will fall into a pit in hell.” (Bukhari and Muslim.)
Reference: Mishkat al-Masabih 3518
In-book reference: Book 16, Hadith 65
He reported God’s Messenger as saying, “If anyone points a piece of iron at his brother the angels will curse him till he puts it down, even if he is his brother who has the same father and mother.” Bukhari transmitted it.
Reference: Mishkat al-Masabih 3519
In-book reference: Book 16, Hadith 66
Ibn ‘Umar and Abu Huraira reported the Prophet (ﷺ) as saying, “He who points a weapon at us does not belong to us.” Bukhari transmitted it, and Muslim added, “And he who treats us dishonestly does not belong to us.”
Reference: Mishkat al-Masabih 3520
In-book reference: Book 16, Hadith 67
Salama b. al-Akwa' reported God’s Messenger as saying, “He who draws a sword against us does not belong to us.” Muslim transmitted it.
Reference: Mishkat al-Masabih 3521
In-book reference: Book 16, Hadith 68
Hisham b. ‘Urwa, on his father’s authority, told that Hisham b. Hakim came upon some Nabataeans in Syria who had been made to stand in the sun with olive-oil poured over their heads. On his asking what the meaning of that was and being told that they were suffering punishment concerning the land-tax, Hisham said he could testify to having heard God’s Messenger say, “God will punish those who punish people in this world.” Muslim transmitted it.
Reference: Mishkat al-Masabih 3522
In-book reference: Book 16, Hadith 69
Abu Huraira reported God’s Messenger as saying, “If you live long you will soon see people with things like ox-tails in their hands going out in the morning subject to God’s anger and coming back in the evening subject to God’s displeasure.” A version has, “coming back in the evening subject to God’s curse.” Muslim transmitted it.
Reference: Mishkat al-Masabih 3523
In-book reference: Book 16, Hadith 70
He reported God’s Messenger as saying, “There are two classes of those who will go to hell whom I have not seen: people with whips like ox-tails with which they strike people; and women with such clothing as to be virtually naked, who incite men and are inclined towards men, whose heads are like the swaying humps of Bactrian camels. Such women will not enter paradise or experience its fragrance, though its fragrance can be experienced at such and such a distance.” Muslim transmitted it.
Reference: Mishkat al-Masabih 3524
In-book reference: Book 16, Hadith 71
He reported God’s Messenger as saying, “When any of you fights he must avoid the face, for God created Adam in His own image.” (Bukhari and Muslim.)
Reference: Mishkat al-Masabih 3525
In-book reference: Book 16, Hadith 72
Abu Dharr reported God’s Messenger as saying, “If anyone removes a curtain and looks into a house before receiving permission and sees anything in those within which should not be seen, he has committed an offence which it is not lawful for him to commit. If a man confronted him when he looked in and put out his eye, I would not blame him; but if a man passes a door which has no curtain and is not shut and looks in, he has committed no sin, for the sin pertains only to the people inside.” Tirmidhi transmitted it, saying this is a gharib tradition.
Reference: Mishkat al-Masabih 3526
In-book reference: Book 16, Hadith 73
Jabir said God’s Messenger forbade that a sword which has been drawn should be handed to anyone. Tirmidhi and Abu Dawud transmitted it.
Reference: Mishkat al-Masabih 3527
In-book reference: Book 16, Hadith 74
Al-Hasan said on Samura’s authority that God’s Messenger forbade that a thong of a sandal should be cut off between two toes. Abu Dawud transmitted it.
Reference: Mishkat al-Masabih 3528
In-book reference: Book 16, Hadith 75
Sa'id b. Zaid reported God’s Messenger as saying, “He who is killed in defence of his religion is a martyr, he who is killed in self-defence is a martyr, he who is killed in defence of his property is a martyr, and he who is killed in defence of his family is a martyr.” Tirmidhi, Abu Dawud and Nasa’i transmitted it.
Reference: Mishkat al-Masabih 3529
In-book reference: Book 16, Hadith 76
Ibn ‘Umar reported the Prophet (ﷺ) as saying, ‘‘Jahannam has seven gates, one of which is for those who draw a sword against my people,” or he said, "against Muhammad’s people.” Tirmidhi transmitted it, saying this is a gharib tradition.
Reference: Mishkat al-Masabih 3530
In-book reference: Book 16, Hadith 77
Rafi' b. Khadij and Sahl b. Abu Hathma told that ‘Abdallah b. Sahl and Muhayyisa b. Mas'ud came to Khaibar and when they had separated among the palm-trees ‘Abdallah b. Sahl was killed. ‘Abd ar-Rah¬man b. Sahl and Huwayyisa, and Muhayyisa, the sons of Mas'ud, came to the Prophet (ﷺ) and spoke about what had happened to their friend. ‘Abd ar-Rahman who was the youngest spoke first, but the Prophet (ﷺ) said to him kabbir al-kubr, which was said by Yahya b. Sa'id to mean “Let the oldest take charge of speaking." They then spoke and the Prophet (ﷺ) said, “Make your demand regarding your dead man (or he said, your friend) by the oaths of fifty of you." They replied, “Messenger of God, it is a matter which we did not see." He said, “The Jews will exonerate themselves by the oaths of fifty of them," but they replied, “Messenger of God, they are a people who are infidels." So God’s Messenger paid them the blood wit himself. A version has, “You must swear fifty oaths and make your claim regarding your slain man (or, your friend)." Then God’s Messenger himself paid his blood wit consisting of a hundred she- camels. (Bukhari and Muslim.)
Reference: Mishkat al-Masabih 3531
In-book reference: Book 16, Hadith 78
Rafi‘ b. Khadij said that one of the Ansar was killed at Khaibar and his relatives went to the Prophet (ﷺ) and mentioned that to him. He asked, “Have you two witnesses who can testify to the murderer of your friend?" They replied, “Messenger of God, there was not a single Muslim present, but only Jews who sometimes have the audacity to do even greater crimes than this “He said, “Then choose fifty of them and demand that they take an oath;" but they refused and God’s Messenger paid his blood wit himself. Abu Dawud transmitted it.
Reference: Mishkat al-Masabih 3532
In-book reference: Book 16, Hadith 79
‘Ikrima told that when some heretics were brought to ‘Ali he had them burned, and that when Ibn ‘Abbas heard of it he said that if it had been he, he would not have had them burned because of God’s Messenger's prohibition, “Do not inflict God’s punishment on anyone”, but would have had them killed on account of the statement made by God’s Messenger, “Kill those who change their religion.” Bukhari transmitted it.
Reference: Mishkat al-Masabih 3533
In-book reference: Book 16, Hadith 80
‘Abdallah b. ‘Abbas reported God’s Messenger as saying, “Only God punishes with fire.” Bukhari transmitted it.
Reference: Mishkat al-Masabih 3534
In-book reference: Book 16, Hadith 81
‘Ali told that he heard God’s Messenger say, “In the last time people will come forth, young and foolish, speaking the finest words men speak, but their faith will not pass their throats. They will come out from the religion as an arrow does from the animal it is aimed at. Wherever you meet them kill them, for a reward for killing them will be given on the day of resurrection to those who kill them.” (Bukhari and Muslim.)
Reference: Mishkat al-Masabih 3535
In-book reference: Book 16, Hadith 82
Abu Sa'id al-Khudri reported God’s Messenger as saying, “My people will be in two sections from among whom a seceding party will go out, and those who are nearest to the truth will undertake the killing of them.” Muslim transmitted it.
Reference: Mishkat al-Masabih 3536
In-book reference: Book 16, Hadith 83
Jarir reported God’s Messenger as saying at the Farewell Pilgrimage, “You must never revert to infidelity after my death and cut off one another’s heads.” (Bukhari and Muslim.)
Reference: Mishkat al-Masabih 3537
In-book reference: Book 16, Hadith 84
Abu Bakra reported the Prophet (ﷺ) as saying, “When two Muslims meet and one of them bears arms against his brother, they are both on the brink of hell, and if one of them kills the other they will both enter it.” In a version on Abu Bakra's authority he said, “When two Muslims meet with their swords, the one who kills and the one who is killed will go to hell." When he (i.e. Abu Bakr) remarked that one was the killer and asked what was wrong with the one who was killed, he replied, “He was eager to kill his companion." (Bukhari and Muslim.)
Reference: Mishkat al-Masabih 3538
In-book reference: Book 16, Hadith 85
Anas told that some people of ‘Ukl who had come to the Prophet (ﷺ) and accepted Islam found Medina unhealthy, so he ordered them to go to the camels of the sadaqa and drink some of their urine and their milk. They did so and became well, after which they apostatised, killed the herdsmen and drove off the camels. So he sent people in pursuit of them, and when they were brought he had their hands and feet cut off and their eyes put out and left them to die without cauterising them to stop the flow of blood. A version says nails were driven into their eyes. Another says he ordered nails to be heated and after having them blinded with them he had them thrown out on the harra, and although they begged for water they were left to die without being given any. (Bukhari and Muslim.)
Reference: Mishkat al-Masabih 3539
In-book reference: Book 16, Hadith 86
‘Imran b. Husain said God's Messenger used to urge them to give sadaqa and forbid them to mutilate anyone. Aba Dawud transmitted it and Nasa’i transmitted it on the authority of Anas.
Reference: Mishkat al-Masabih 3540, 3541
In-book reference: Book 16, Hadith 87
‘Abd ar-Rahman b. Abdallah quoted his father as saying: When I we were on a journey with God’s Messenger and he had gone to relieve himself we saw a hummara* with two young ones and took the young ones, whereupon the hummara came and began to spread out its wings. Then when the Prophet (ﷺ) came he said, “Who has pained this one by the loss of her young? Give her young ones back to her." He also saw an anthill which we had burned, and when he asked who had burned it and we replied that we had, he said, “It is not fitting that anyone but the Lord of the fire should punish with fire” Abu Dawud transmitted it. * A small bird like a sparrow, or a lark.
Reference: Mishkat al-Masabih 3542
In-book reference: Book 16, Hadith 88
Abu Sa'id al-Khudri and Anas b Malik reported God’s Messenger as saying, “Disagreement and division will arise among my people. Some will speak well but do evil; they will recite the Qur’an but it will go no farther than their throats; they will swerve from the religion as an arrow goes through the animal shot at and will not return till an arrow comes back to the place where it was strung. They are the worst of men and animals. Blessed are they who kill them and are killed by them! They summon people to God’s Book, but they have no part with us. He who fights with them is nearer to God than they.” God’s Messenger was asked what mark they had, and said it was shaving.* Abu Dawud transmitted it. * Tahliq is here explained as going to extremes in shaving the head and taking the hair out by the roots.
Reference: Mishkat al-Masabih 3543
In-book reference: Book 16, Hadith 89
A’isha reported God’s Messenger as saying, “The blood of a Muslim man who testifies that there is no god but God and that Muhammad is God’s Messenger may lawfully be shed only for one of three reasons: fornication after marriage, in which case he should be stoned; one who goes forth to fight with God and His Messenger,* in which case he should be killed, or crucified, or made a fugitive; or one which commits murder for which he is killed.” Abu Dawud transmitted it. * Mirqat iv. 53 refers this to such things as highway robbery.
Reference: Mishkat al-Masabih 3544
In-book reference: Book 16, Hadith 90
Ibn Abu Laila said he was told by Muhammad’s companions that during a journey with God’s Messenger while one of them was asleep another went to a rope he had with him and seized him,* with the result that he was startled. God’s Messenger then said, “It is not lawful for a Muslim to frighten another.” Abu Dawud transmitted it. * The meaning is that he tied the rope round him while he was asleep, presumably as a joke.
Reference: Mishkat al-Masabih 3545
In-book reference: Book 16, Hadith 91
Abud Darda’ reported God’s Messenger as saying, “He who gets land on which tax is due 1 has sought to rescind his emigration,2 and he who takes an infidel’s lowliness from his neck and puts it on his own 3 has turned his back on Islam.” Abu Dawud transmitted it. 1. The word for "tax" here is jizya. Eventually a distinction was made between jizya and kharaj, the former being used for poll-tax and the latter for land-tax. 2. i.e. to make himself like a dhimmi. 3. i.e. undertakes the responsibility of paying his tax for him.
Reference: Mishkat al-Masabih 3546
In-book reference: Book 16, Hadith 92
Jarir b. ‘Abdillah told that when God’s Messenger sent an expedition to Khath'am some of them sought God’s protection by having recourse to prostration* and were quickly killed. When the Prophet (ﷺ) heard that, he ordered half the blood wit to be paid for them, saying, “I am not responsible for any Muslim who stays among polytheists.” On being asked why that was, he replied, “Their fires should not be visible to one another.” Abu Dawud transmitted it. * Some members of Khath'am who were Muslims prostrated themselves in prayer to God thinking that this would make it clear to the attackers that they were Muslims.
Reference: Mishkat al-Masabih 3547
In-book reference: Book 16, Hadith 93
Abu Huraira reported the Prophet (ﷺ) as saying, “Faith is an assurance of safety from being killed unawares. A believer does not kill another unawares.” Abu Dawud transmitted it.
Reference: Mishkat al-Masabih 3548
In-book reference: Book 16, Hadith 94
Jarir reported the Prophet (ﷺ) as saying, “When a slave runs away and reverts to polytheism he may lawfully be killed.” Abu Dawud transmitted it.
Reference: Mishkat al-Masabih 3549
In-book reference: Book 16, Hadith 95
‘Ali told that a Jewess who was reviling the Prophet (ﷺ) and speaking evil of him was strangled to death by a man and the Prophet (ﷺ) allowed no payment to be made for her death. Abu Dawud transmitted it.
Reference: Mishkat al-Masabih 3550
In-book reference: Book 16, Hadith 96
Jundub reported God’s Messenger as saying, “The punishment given to a magician is a stroke with the sword.” Tirmidhi transmitted it.
Reference: Mishkat al-Masabih 3551
In-book reference: Book 16, Hadith 97
Usama b. Sharik reported God’s Messenger as saying, “Cut off the head of any man who goes out and causes division among my people.” Nasa’i transmitted it.
Reference: Mishkat al-Masabih 3552
In-book reference: Book 16, Hadith 98
Sharik b. Shihab said: I wanted to meet one of the Prophet’s companions to ask him about the Kharijites. Meeting Abu Barza al-Aslami along with some of his companions on a festival day, I asked him whether he had heard God’s Messenger mentioning the Kharijites, and he replied that he had both heard him with his ears and seen him with his eyes. He told that God’s Messenger was brought some property and divided it, giving something to those on his right and those on his left, but giving nothing to those who were behind him. One of those behind him, a black man whose hair was completely cut off and who was wearing two white garments, then said, "You have not divided justly, Muhammad.” God's Messenger became very angry and said, “I swear by God that after my death you will not find a man more just than I am,” adding, “At the end of time people looking like this man will come forth, reciting the Qur'an, but it will not pass their throats. They will swerve from Islam as an arrow passes through the game at which is it shot, and their distinguishing mark will be shaving. They will continue to come forth till the last of them comes forth with the antichrist. When you meet them they will be the worst of men and beasts.” Nasa’i transmitted it.
Reference: Mishkat al-Masabih 3553
In-book reference: Book 16, Hadith 99
Abu Ghalib told that when Abu Umama saw some heads set up on the road to Damascus he said, “The dogs of hell, the worst people killed under the sky. The best who have been killed are those killed by them.” He then recited, “On the day when some faces will be white and some faces will be black (Al-Qur’an, 3:106). Abu Umama was asked whether he had heard it from God’s Messenger and replied, “If I had heard it only once, twice, or thrice (counting up to seven times) I would not have told you.” Tirmidhi and Ibn Majah transmitted it, Tirmidhi saying this is a hasan tradition.
Reference: Mishkat al-Masabih 3554
In-book reference: Book 16, Hadith 100