Volume 3, Book 49, Number 866 :
Narrated by Anas (radiallaahu `anhu)
Ar-Rabi, the daughter of An-Nadr broke the tooth of a girl, and the relatives of Ar-Rabi’ requested the girl’s relatives to accept the Arsh (الأَرْشَ) (compensation for wounds etc.) and forgive (the offender), but they refused. So, they went to the Prophet (sallallaahu `alayhi wasallam) who ordered them to bring about retaliation. Anas bin An-Nadr (radiallaahu `anhu) asked, “O Allah’s Apostle! Will the tooth of Ar-Rabi’ be broken? No, by Him Who has sent you with the Truth, her tooth will not be broken.” The Prophet (sallallaahu `alayhi wasallam) said, “O Anas! Allah’s law ordains retaliation.” Later the relatives of the girl agreed and forgave her. The Prophet (sallallaahu `alayhi wasallam) said, “There are some of Allah’s slaves who, if they take an oath by Allah, are responded to by Allah i.e. their oath is fulfilled). Anas (radiallaahu `anhu) added, “The people agreed and accepted the Arsh.”
There was another post about breaking someone’s teeth a while ago in which Prophet (sallallaahu `alayhi wasallam) ruled in favor of the defender since he broke the other’s tooth while fending for himself.
In this case, however, the defender was given the choice to either forgive Rabi` (offender), accept Arsh (compensation) or to get qisaas (retaliation). Prophet (sallallaahu `alayhi wasallam) would have made sure that qisaas took place had they not forgiven Rabi`. Allah’s laws are just and perfectly fit to be implemented.
Abu Shurayh al-Khuzaa’i said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Whoever is killed or is wounded, has the choice of three things, and if he wants the fourth then restrain him. He may kill (the killer), or forgive him, or take the diyah (blood money).” Narrated by Abu Dawood.
Narrated Abu Huraira (radiallaahu `anhu):
Allah’s Apostle (sallallaahu `alayhi wasallam) said, “There is no compensation for one killed or wounded by an animal or by falling in a well, or because of working in mines; but Khumus is compulsory on Rikaz.”
As for the first part of the Hadith, scholars explain that if someone gets hurt (or their property gets damaged) because of another’s animal or by falling in a well, or because of working in mines, there are two possible reasons:
- Either the owner of that animal/well/mine was responsible;
- Or he/she was not.
In case the owner was responsible (e.g. he was guiding the animal), he’ll pay compensation for the loss from his own wealth. And if he was not responsible, no compensation is due on him. More on it here.
Rikaaz refers to what is buried in the earth of the wealth of the Jaahiliyyah. The people of the Jaahiliyyah are the ones who existed before the coming of the Prophet (peace and blessings of Allaah be upon him), no matter what religion they followed. Islam has enjoined that when it is extracted, the khums be paid on it, as zakaah according to some scholars and as fay’ according to others. The rest belongs to whoever extracted it, if it was extracted from land that he owns, or from ruins or common land such as the street and so on.