Selections from Muḥammadan Traditions/Chapter 15

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3861814Selections from Muḥammadan Traditions — Chapter XV: The Book of RetaliationWilliam GoldsackWaliuddin Abu Abdullah Mahmud Tabrizi

XV

THE BOOK OF RETALIATION

It is related from Al Miqdám binuʾl-Aswad that he said, 'O Apostle of God, tell me, if I meet a man who is an infidel, and we fight together, and he strikes one of my hands with a sword and cuts it off, and then takes refuge from me in a tree and says, "I become a Muslim,"—And in another tradition it runs, "And when I come down to kill him, he says, 'There is no God but Alláh,'—Should I kill him after he says that?" He replied, "Do not kill him." The man said, "O Apostle of God, he has cut off one of my hands!" The Apostle of God said, "Do not kill him; for if thou kill him, verily he was in the same rank as thyself (i.e., a believer) before thou killedst him, and then thou wilt be in the position he occupied before he uttered the words which he spoke."'—Muslim, Al Bukhárí.

It is related from Abú Hurairah that, 'The Apostle of God said, "Whoever throws himself down from a mountain and kills himself is in the fire of hell, and he will be thrown into it, and will remain there for ever and ever. And whoever takes poison and kills himself, his poison will remain in his hand, and he will take it continually in the fire of hell, and he will remain therein for ever and ever. And whoever kills himself with any iron weapon, his weapon will remain in his hand, and he will continually stab himself in his belly in the fire of hell, and he will remain there for ever and ever."'—Muslim, Al Bukhárí.

It is related from Anas that 'a Jew pounded the head of a slave-girl between two stones. And it was said to her, "Who did this to thee? Was it so and so, or so and so?" until the Jew was named. Then she nodded her head. Then they brought the Jew, and he confessed. Then the Apostle of God gave orders concerning him; and his head was pounded with a stone.'—Muslim, Al Bukhárí.

It is related from Anas that he said, 'Al Rubaiya, who was the aunt of Anas bin Málik, broke the front teeth of a daughter of one of the Helpers. And they came to the Prophet; and he ordered retaliation. Then Anas bin Naḍar, the uncle of Anas bin Málik said, "No by God! O Apostle of God, her front teeth shall not be broken." The Apostle of God said, "O Anas, the Book of God prescribes retaliation." Then the parties came to an agreement, and they accepted money. Then the Apostle of God said, "Verily amongst the worshippers of God are some who, if they swear by God, He will certainly fulfil it."'—Muslim, Al Bukhárí.

It is related from Abú Juḥaifah that he said, 'I asked ʿAlí, "Hast thou anything which is not in the Qurʾán?" He replied, "By Him who cleft the grain and created man! We have nothing besides what is in the Qurʾán, except understanding of what has been given in the Book of God, and what is in the volume." I said, "And what is in the volume?" He replied, "The rules regarding blood-money, and the emancipation of captives, and that a Muslim should not be killed (in retaliation) for an infidel."'—Muslim, Al Bukhárí.

It is related from Abú Umámah bin Sahl bin Ḥunaif that, 'ʿOthmán bin ʿAffán looked down from a high place on the day of (the seige of) his house and said, "I adjure you by God, whether you know that the Apostle of God said, 'The blood of a Muslim is not lawful except for one of three reasons: adultery after marriage with a chaste woman, or apostasy after Islám, or the murder of a soul which God has forbidden.' Then for which of these are you killing me?"'—At Tirmidhí, An Nasái, Ibn Májah.

It is related from Al Ḥasan from Samurah that, 'The Apostle of God said, "Whoever kills his slave, we will kill him; and whoever mutilates his slave, we will mutilate him."'—At Tirmidhí, Abú Dáud, Ibn Májah.

It is related from ʿAmru bin Shuʾaib, from his father, from his grandfather, that, 'The Apostle of God said, "Whoever commits murder intentionally, he must be handed over to the relations of the murdered person. And if they wish, they may kill him; and if they wish, they may take blood-money. And it is thirty camels in their fourth year, and thirty camels in their fifth year and forty camels with young. And it is for them to say which they will be reconciled with."'—At Tirmidhí.

It is related from Saʿíd binuʾl-Musayyib that, 'ʿOmar binuʾl-Khaṭṭáb killed a party of five or seven men (in retaliation) for one man whom they had treacherously murdered. ʿOmar said, "If the people of Ṣanʿáʾ had attacked him, I would certainly have killed them all."'—Málik.

Concerning Various Kinds of Blood-Money

It is related from ʿAmru bin Shuʾaib, from his father, from his grandfather, that he said, ' The price of blood-money in the time of the Apostle was eight hundred dinars or eight thousand dirhems; and the blood-money for the People of the Book was then half the blood-money of Muslims.' He said, 'And it remained thus until ʿOmar became Khalíf. And he stood up and made a speech and said, "Verily camels have become very expensive." And he, ʿOmar, fixed the blood-money for the possessors of gold at one thousand dinars, and for the people who possessed silver at twelve thousand, and he fixed it for the people owning cattle at two hundred cows, and for those owning goats at two thousand goats; and for those possessing clothes at two hundred garments. And he left the blood-money for Jews and Christians who were under the protection of Muslims (as it was). He did not raise it when he raised the blood-money.'—Abú Dáud.

It is related from ʿAmru bin Shuʿaib, from his father from his grandfather, that, 'The Apostle of God said, "He who poses as a doctor when the science of medicine is not known to him, will be responsible."'—Abú Dáud, An Nasái.

Concerning Faults for which there is no
Retaliation

It is related from Abú Hurairah that, 'The Apostle of God said, "Wounds from brute beasts, and from falling into mines, and from falling into wells do not entail responsibility (on the owner)."'—Muslim, Al Bukhárí.

It is related from Abú Hurairah that he said 'A man came and said, "O Apostle of God, tell me, if a man comes and wishes to take my property, (what shall I do?)" He replied, "Do not give it to him." He said, "Tell me, if he fight me, (what shall I do?)" He replied, "Fight him." He said, "Tell me, if he kills me?" He replied, "Then thou art a martyr." He said, "Tell me, if I kill him, (what then?)" He replied, "He is in the fire."'—Muslim, Al Bukhárí.

It is related from Abú Hurairah that, 'The Apostle of God said, "When any one of you fights, then let him avoid the face; for verily God created Adam in His own likeness."'—Muslim.

It is related from Saʾíd bin Zaid that, 'The Apostle of God said, "Whoever is killed in defence of his religion is a martyr; and whoever is killed in defence of his own blood is a martyr; and whoever is killed in defence of his property is a martyr; and whoever is killed in defence of his family is a martyr."'—At Tirmidhí, Abú Dáud, An Nasái.

Concerning Oaths

It is related from Ráfiʿa bin Khadíj that he said, 'A man of the Helpers was killed at Khaibár. Then his relations departed and came to the Prophet and mentioned the matter to him. He said, "Have you two witnesses who are able to give evidence against the murderer of your friend?" They said, "O Apostle of God, there was no Muslim there, but only Jews; and they venture to do much worse things than that." He said, "Choose fifty of them and make them swear." But the Jews refused (to swear). Then the Apostle of God paid the blood-money himself.'—Abú Dáud.

On Killing Apostates and Those Who Hasten
in Impiety

It is related from ʿIkrimah that he said, 'Hypocrites were brought to ʿAlí, and he burnt them. The news of that reached Ibn ʿAbbás, and he said, "If it had been I, I would not have burnt them, because of the prohibition of the Apostle of God, "Do not punish with the punishment of God"; but I would certainly have killed them according to the word of the Apostle, "Whosoever changes his religion, kill him."'—Al Bukhárí.

It is related from ʿAlí that he said, 'I heard the Apostle of God say, "There will come forth a people at the end of time, young in age and foolish of vision, who will speak the best words in creation; but their faith will not pass their throats. They will pass through religion as an arrow passes through the thing hit. Therefore, whenever ye meet them, kill them; for verily for whoever kills them there is a reward on the day of resurrection."'—Muslim, Al Bukhárí.

It is related from Anas that he said, 'A band of men of the ʿUkl tribe came to the Prophet and embraced Islám. But they fell ill at Madína, so the Prophet ordered them to go to the camels given in alms and drink their wine and milk. Then they did so and regained their health. After that they apostatized and killed the keepers of the camels and drove off the camels. Then (the Prophet) sent after them, and they were brought back. Then he cut off their hands and feet and put out their eyes. After that he did not staunch the bleeding until they died.' And in another tradition it runs, 'He drove nails into their eyes.' And in another tradition it runs, 'He ordered nails, and they were made hot; and he pierced them with them. And he cast them out on to the stony plain. And they asked for a drink, but they were not given to drink, until they died.'—Muslim, Al Bukhárí.

It is related from Jarír bin ʿAbduʾlláh that he said, 'The Prophet sent an army to Khathʿam. And some of the people sought safety by prostrating (in Muslim prayer); but we hastened their slaughter. Then news of the matter reached the Prophet, and he ordered on their behalf half the blood-money, and said, "I am free from every Muslim who resides amongst polytheists." They said, " O Apostle of God, why?" He replied, "Let them not be able to see the fires of each other."—Abú Dáud.

It is related from ʿAlí that 'A Jewess used to revile and insult the Prophet. Then a man strangled her until she died. And the Prophet annulled (payment for) her blood.'—Abú Dáud.

It is related from Jundub that, 'The Apostle of God said, "The punishment for a magician is killing by the sword."'—At Tirmidhí.

It is related from Usámah bin Sharík that, 'The Apostle of God said, "Whatever man comes out to make divisions between my followers, strike off his head."'—An Nasái.