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Blood Money (Hadith No. 2363)

Bismillah.

Volume 3, Book 49, Number 865 :
Narrated by Sahl bin Abu Hathma (radiallaahu `anhu)
Abdullah bin Sahl and Muhaiyisa bin Mas’ud bin Zaid (radiallaahu `anhumaa) went to Khaibar when it had a peace treaty (with the Muslims).

Here’s the complete story (narrations found elsewhere in Bukhari):

Volume 4, Book 53, Number 398 :
Narrated by Sahl bin Abi Hathma (radiallaahu `anhu)
‘Abdullah bin Sahl and Muhaiyisa bin Mas’ud bin Zaid (radiallaahu `anhumaa) set out to Khaibar, the inhabitants of which had a peace treaty with the Muslims at that time. They parted and later on Muhaiyisa came upon ‘Abdullah bin Sahl (radiallaahu `anhu) and found him murdered agitating in his blood. He buried him and returned to Medina. ‘Abdur Rahman bin Sahl, Muhaiyisa and Huwaiuisa (radiallaahu `anhum), the sons of Mas’ud came to the Prophet (sallallaahu `alayhi wasallam) and ‘Abdur Rahman (radiallaahu `anhu) intended to talk, but the Prophet (sallallaahu `alayhi wasallam) said (to him), “Let the eldest of you speak.” as ‘Abdur-Rahman was the youngest:. ‘Abdur-Rahman kept silent and the other two spoke. The Prophet said, “If you swear as to who has committed the murder, you will have the right to take your right from the murderer.” They said, “How should we swear if we did not witness the murder or see the murderer?” The Prophet (sallallaahu `alayhi wasallam) said, “Then the Jews can clear themselves from the charge by taking Alaska (an oath taken by men that it was not they who committed the murder).” The!y said, “How should we believe in the oaths of infidels?” So, the Prophet (sallallaahu `alayhi wasallam) himself paid the blood money (of ‘Abdullah).

Volume 9, Book 83, Number 36:
Narrated by Sahl bin Abi Hathma (radiallaahu `anhu)
(a man from the Ansar) That a number of people from his tribe went to Khaibar and dispersed, and then they found one of them murdered. They said to the people with whom the corpse had been found, “You have killed our companion!” Those people said, “Neither have we killed him, nor do we know his killer.” The bereaved group went to the Prophet (sallallaahu `alayhi wasallam) and said, “O Allah’s Apostle! We went to Khaibar and found one of us murdered.” The Prophet (sallallaahu `alayhi wasallam) said, “Let the older among you come forward and speak.” Then the Prophet (sallallaahu `alayhi wasallam) said, to them, “Bring your proof against the killer.” They said “We have no proof.” The Prophet (sallallaahu `alayhi wasallam) said, “Then they (the defendants) will take an oath.” They said, “We do not accept the oaths of the Jews.” Allah’s Apostle (sallallaahu `alayhi wasallam) did not like that the Blood-money of the killed one be lost without compensation, so he paid one-hundred camels out of the camels of Zakat (to the relatives of the deceased) as Diya (Blood-money).

Since there was no proof, Prophet (sallallaahu `alayhi wasallam) could not take an action against the Jews without getting an oath from them. But the bereaved ones were not going to accept the oath of Jews assuming they’d repeat the same story: “Neither have we killed him, nor do we know his killer”. So Prophet (sallallaahu `alayhi wasallam) arranged for the blood money to close the case.

Allaah, may He be exalted, says (interpretation of the meaning):

“O you who believe! Al-Qisaas (the Law of Equality in punishment) is prescribed for you in case of murder: the free for the free, the slave for the slave, and the female for the female. But if the killer is forgiven by the brother (or the relatives) of the killed against blood money, then adhering to it with fairness and payment of the blood money to the heir should be made in fairness. This is an alleviation and a mercy from your Lord. So after this whoever transgresses the limits (i.e. kills the killer after taking the blood money), he shall have a painful torment”

[al-Baqarah 2:178].

The great scholar ‘Abd al-Rahmaan al-Sa’di said in his Tafseer: Allaah reminds His believing slaves that He has enjoined qisaas upon them in the case of murder, i.e., there should be equal recompense in that, and that the killer should be killed in the way in which he killed his victim, so as to establish justice and fairness among people. End quote.

Qisaas by killing the killer can only be in cases of deliberate killing, according to scholarly consensus. Ibn Qudaamah said in al-Mughni (8/214): The scholars are unanimously agreed that qisaas is not required except in the case of deliberate killing, and we do not know of any difference of opinion with regard to qisaas being required for deliberate killing if all conditions are met. This is indicated by the general meaning of the verses and reports. Allaah says (interpretation of the meaning):

“And whoever is killed wrongfully (Mazlooman intentionally with hostility and oppression and not by mistake), We have given his heir the authority [to demand Qisaas, __Law of Equality in punishment __or to forgive, or to take Diyah (blood money)]. But let him not exceed limits in the matter of taking life (i.e. he should not kill except the killer)” [al-Isra’ 17:33]

“Al-Qisaas (the Law of Equality in punishment) is prescribed for you in case of murder”

[al-Baqarah 2:178] 

“And there is (a saving of) life for you in Al-Qisaas”

[al-Baqarah 2:179]

What is meant – and Allaah knows best – is that the requirement of qisaas deters the one who wants to kill from doing do, out of compassion towards himself so that he will not killed, and so that the one whom he wanted to kill will remain alive. And it was said that the killer would generate enmity between himself and the tribe of the one whom he killed, so he wants to kill them for fear of them and they want to kill him and his tribe in revenge. If he is executed as a punishment according to sharee’ah, that will prevent the reason for fighting between the two tribes. And Allaah says (interpretation of the meaning):

“And We ordained therein for them: Life for life, eye for eye”

[al-Maa’idah 5:45].

The Prophet (peace and blessings of Allaah be upon him) said: “If a person’s relative is killed, he has the choice of two options: either (the killer) may be killed or the fidyah (ransom, blood money) may be paid.” Agreed upon. 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. According to another version: “Whoever has a relative killed after what I have said, his family has two options: to accept the diyah or kill (the killer).” And he (peace and blessings of Allaah be upon him) said: “There is qisaas for deliberate killing, unless the heir of the slain lets him off.” End quote.

There was no difference of opinion among the scholars that it is valid for the heirs of the victim to forego qisaas and accept the diyah. This is what is indicated by the ahaadeeth quoted above.

In that case, the killer may be set free and he should be obliged to pay the diyah.

Taken from IslamQA

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Making Up Missed Fasts (Ahadith 1666 – 1669)

Bismillah.

Volume 3, Book 31, Number 171:

Narrated ‘Aisha (radiallaahu `anhaa):

Sometimes I missed some days of Ramadan, but could not fast in lieu of them except in the month of Sha’ban.” Said Yahya, a sub-narrator, “She used to be busy serving the Prophet (sallallaahu `alayhi wasallam).”


Volume 3, Book 31, Number 172:

Narrated Abu Said (radiallaahu `anhu):

The Prophet (sallallaahu `alayhi wasallam) said, “Isn’t it true that a woman does not pray and does not fast on menstruating? And that is the defect (a loss) in her religion.”


Volume 3, Book 31, Number 173:

Narrated ‘Aisha (radiallaahu `anhaa):

Allah’s Apostle (sallallaahu `alayhi wasallam) said, “Whoever died and he ought to have fasted (the missed days of Ramadan) then his guardians must fast on his behalf.”


Volume 3, Book 31, Number 174:

Narrated Ibn Abbas (radiallaahu `anhu):

A man came to the Prophet (sallallaahu `alayhi wasallam) and said, “O Allah’s Apostle (sallallaahu `alayhi wasallam)! My mother died and she ought to have fasted one month (for her missed Ramadan). Shall I fast on her behalf?” The Prophet (sallallaahu `alayhi wasallam) replied in the affirmative and said, “Allah’s debts have more right to be paid.” In another narration a woman is reported to have said, “My sister died…”

Narrated Ibn ‘Abbas (radiallaahu `anhu): A woman said to the Prophet (sallallaahu `alayhi wasallam) “My mother died and she had vowed to fast but she didn’t fast.” In another narration Ibn ‘Abbas (radiallaahu `anhu) is reported to have said, “A woman said to the Prophet (sallallaahu `alayhi wasallam), “My mother died while she ought to have fasted for fifteen days.”

How can he make up missed fasts?

If he did not fast for a reason, such as sickness or travelling, or menstruation in the case of women, then he must make it up after Ramadaan, and he must make up the number of days that he did not fast, because Allaah says (interpretation of the meaning):

“and whoever is ill or on a journey, the same number [of days which one did not observe Sawm (fasts) must be made up] from other days”
[al-Baqarah 2:185].

‘Aa’ishah (may Allaah be pleased with her) said: That (i.e., menstruation) would happen to us and we would be told to make up the fasts, but we were not told to make up the prayers. Narrated by al-Bukhaari (321) and Muslim (335).

The time for making up the fasts lasts until the next Ramadaan begins; he can make them up at any time during this period, on consecutive days or separately.

It is not permissible for him to delay making them up after the following Ramadaan, unless he has an excuse.

But if he did not fast deliberately, with no excuse, then one of two scenarios must apply:

  1. He did not decide not to fast from the night before, and he did not intend to fast. In this case making up the fast is not valid, because fasting is an act of worship that is linked to a specific time, and if a person fails to do it, it is not valid after that time, because the Prophet (peace and blessings of Allaah be upon him) said: “Whoever does an action that is not in accordance with this matter of ours will have it rejected. Narrated by al-Bukhaari (2697) and Muslim (1718).
  2. He did intend to fast from the night before, and he started the day fasting, then he broke his fast during the day with no excuse. He has to make up this day, because he started to do it, which makes it like a vow that he must fulfil. Hence the Prophet (peace and blessings of Allaah be upon him) commanded the one who had intercourse during the day in Ramadaan to make up that day, and he said to him: “Fast one day in its place.” Narrated by Ibn Majaah (1671), classed as saheeh by al-Albaani in Saheeh Sunan Ibn Majaah.

In addition to that, if he broke the fast during the day without any excuse by having intercourse, he must make it up and also offer expiation.

The one who breaks his fast with no excuse also has to repent to Allaah, regret what he has done, resolve never to do it again, and do a lot of righteous deeds such as observing naafil fasts and so on. Allaah says (interpretation of the meaning):

“And verily, I am indeed forgiving to him who repents, believes (in My Oneness, and associates none in worship with Me) and does righteous good deeds, and then remains constant in doing them (till his death)”
[Ta-Ha 20:82].

And Allaah knows best.

[Taken from IslamQA]

The Various Stages of Fasting & Fidyah (Hadith No. 1665)

Bismillah.

Volume 3, Book 31, Number 170:

Narrated Nafi:

Ibn ‘Umar (radiallaahu `anhu) recited the verse: “They had a choice either to fast or to feed a poor person for every day, and said that the order of this Verse was cancelled.

This ayah is 184 of Surah al-Baqarah:

Fast for a fixed number of days, but if any of you is ill or on a journey, the same number (should be made up) from other days. And as for those who can fast with difficulty, (e.g., an old man), they have (a choice either to fast or) to feed a Miskin (poor person) (for every day). But whoever does good of his own accord, it is better for him. And that you fast is better for you if only you know.

In the Tafsir, Ibn Kathir says:

The Various Stages of Fasting

Al-Bukhari and Muslim recorded that `A’ishah said, “(The day of) `Ashura’ was a day of fasting. When the obligation to fast Ramadan was revealed, those who wished fasted, and those who wished did not.” Al-Bukhari recorded the same from Ibn `Umar and Ibn Mas`ud.

Allah said:

﴿وَعَلَى الَّذِينَ يُطِيقُونَهُ فِدْيَةٌ طَعَامُ مِسْكِينٍ﴾

(…those who can fast with difficulty, (e.g., an old man), they have (a choice either to fast or) to feed a Miskin (poor person) (for every day).)

Mu`adh commented, “In the beginning, those who wished, fasted and those who wished, did not fast and fed a poor person for each day.” Al- Bukhari recorded Salamah bin Al-Akwa` saying that when the Ayah:

﴿وَعَلَى الَّذِينَ يُطِيقُونَهُ فِدْيَةٌ طَعَامُ مِسْكِينٍ﴾

(…those who can fast with difficulty, (e.g., an old man), they have (a choice either to fast or) to feed a Miskin (poor person) (for every day).) was revealed, those who did not wish to fast, used to pay the Fidyah (feeding a poor person for each day they did not fast) until the following Ayah (2:185) was revealed abrogating the previous Ayah. It was also reported from `Ubaydullah from Nafi` that Ibn `Umar said; “It was abrogated.” As-Suddi reported that Murrah narrated that `Abdullah said about this Ayah:

﴿وَعَلَى الَّذِينَ يُطِيقُونَهُ فِدْيَةٌ طَعَامُ مِسْكِينٍ﴾

(those who can fast with difficulty, (e.g., an old man), they have (a choice either to fast or) to feed a Miskin (poor person) (for every day).) “It means `those who find it difficult (to fast).’ Formerly, those who wished, fasted and those who wished, did not but fed a poor person instead.” Allah then said:

﴿فَمَن تَطَوَّعَ خَيْرًا﴾

(But whoever does good of his own accord) meaning whoever fed an extra poor person,

﴿فَهُوَ خَيْرٌ لَّهُ وَأَن تَصُومُواْ خَيْرٌ لَّكُمْ﴾

(it is better for him. And that you fast is better for you) Later the Ayah:

﴿فَمَن شَهِدَ مِنكُمُ الشَّهْرَ فَلْيَصُمْهُ﴾

(So whoever of you sights (the crescent on the first night of) the month (of Ramadan, i.e., is present at his home), he must observe Sawm (fasting) that month) (2:185) was revealed and this abrogated the previous Ayah (2:184).

The Fidyah (Expiation) for breaking the Fast is for the Old and the Ailing

Al-Bukhari reported that `Ata heard Ibn `Abbas recite:

﴿وَعَلَى الَّذِينَ يُطِيقُونَهُ فِدْيَةٌ طَعَامُ مِسْكِينٍ﴾

(And as for those who can fast with difficulty, (e.g., an old man), they have (a choice either to fast or) to feed a Miskin (poor person) (for every day).)

Ibn `Abbas then commented, “(This Ayah) was not abrogated, it is for the old man and the old woman who are able to fast with difficulty, but choose instead to feed a poor person for every day (they do not fast).” Others reported that Sa`id bin Jubayr mentioned this from Ibn `Abbas. So the abrogation here applies to the healthy person, who is not traveling and who has to fast, as Allah said:

﴿فَمَن شَهِدَ مِنكُمُ الشَّهْرَ فَلْيَصُمْهُ﴾

(So whoever of you sights (the crescent on the first night of) the month (of Ramadan, i.e., is present at his home), he must observe Sawm (fasting) that month.) (2:185)

As for the old man (and woman) who cannot fast, he is allowed to abstain from fasting and does not have to fast another day instead, because he is not likely to improve and be able to fast other days. So he is required to pay a Fidyah for every day missed. This is the opinion of Ibn `Abbas and several others among the Salaf who read the Ayah:

﴿وَعَلَى الَّذِينَ يُطِيقُونَهُ﴾

(And as for those who can fast with difficulty, (e.g., an old man)) to mean those who find it difficult to fast as Ibn Mas`ud stated. This is also the opinion of Al-Bukhari who said, “As for the old man (person) who cannot fast, (he should do like) Anas who, for one or two years after he became old fed some bread and meat to a poor person for each day he did not fast.”

This point, which Al-Bukhari attributed to Anas without a chain of narrators, was collected with a continuous chain of narrators by Abu Ya`la Mawsuli in his Musnad, that Ayyub bin Abu Tamimah said; “Anas could no longer fast. So he made a plate of Tharid (broth, bread and meat) and invited thirty poor persons and fed them.” The same ruling applies for the pregnant and breast-feeding women if they fear for themselves or their children or fetuses. In this case, they pay the Fidyah and do not have to fast other days in place of the days that they missed.

Hajj – Fidyah (Ahadith 1564 – 1567)

Bismillah.

Volume 3, Book 28, Number 41:

Narrated ‘Abdur-Rahman bin Abu Layla:

Ka’b bin ‘Ujra (radiallaahu `anhu) said that Allah’s Apostle (sallallaahu `alayhi wasallam) said to him (Ka’b), “Perhaps your lice have troubled you?” Ka’b replied, “Yes! O Allah’s Apostle (sallallaahu `alayhi wasallam).” Allah’s Apostle (sallallaahu `alayhi wasallam) said, “Have your head shaved and then either fast three days or feed six poor persons or slaughter one sheep as a sacrifice.”


Volume 3, Book 28, Number 42:

Narrated Ka’b bin ‘Ujra (radiallaahu `anhu):

Allah’s Apostle (sallallaahu `alayhi wasallam) stood beside me at Al-Hudaibiya and the lice were falling from my head in great number. He asked me, “Have your lice troubled you?” I replied in the affirmative. He ordered me to get my head shaved. Ka’b (radiallaahu `anhu) added, “This Holy Verse:–‘And if any of you is ill, or has ailment in his scalp (2.196), etc. was revealed regarding me. “The Prophet (sallallaahu `alayhi wasallam) then ordered me either to fast three days, or to feed six poor persons with one Faraq (three Sas) (of dates), or to slaughter a sheep, etc (sacrifice) whatever was available.


Volume 3, Book 28, Number 43:

Narrated ‘Abdullah bin Ma’qal:

I sat with Ka’b bin ‘Ujra (radiallaahu `anhu) and asked him about the Fidya. He replied, “This revelation was revealed concerning my case especially, but it is also for you in general. I was carried to Allah’s Apostle (sallallaahu `alayhi wasallam) and the lice were falling in great number on my face. The Prophet (sallallaahu `alayhi wasallam) said, “I have never thought that your ailment (or struggle) has reached to such an extent as I see. Can you afford a sheep?” I replied in the negative. He then said, “Fast for three days, or feed six poor persons each with half a Sa of food.” (1 Sa = 3 Kilograms approx.)


Volume 3, Book 28, Number 44:

Narrated Abdur-Rahman bin Abu Layla:

(Reporting the speech of Ka’b bin Ujra (radiallaahu `anhu)) Allah’s Apostle (sallallaahu `alayhi wasallam) saw him (i.e. Ka’b) while the lice were falling on his face. He asked (him), “Have your lice troubled you?” He replied in the affirmative. So, he ordered him to get his head shaved while he was at Al-Hudaibiya. At that time they were not permitted to finish their Ihram, and were still hoping to enter Mecca. So, Allah revealed the verses of Al-Fidya. Allah’s Apostle (sallallaahu `alayhi wasallam) ordered him to feed six poor persons with one Faraq of food or to slaughter one sheep (as a sacrifice) or to fast for three days.

Here’s the full ayah that was revealed in Ka`b (radiallaahu `anhu)’s case:

﴿وَأَتِمُّواْ الْحَجَّ وَالْعُمْرَةَ لِلَّهِ فَإِنْ أُحْصِرْتُمْ فَمَا اسْتَيْسَرَ مِنَ الْهَدْىِ وَلاَ تَحْلِقُواْ رُءُوسَكُمْ حَتَّى يَبْلُغَ الْهَدْىُ مَحِلَّهُ فَمَن كَانَ مِنكُم مَّرِيضًا أَوْ بِهِ أَذًى مِّن رَّأْسِهِ فَفِدْيَةٌ مِّن صِيَامٍ أَوْ صَدَقَةٍ أَوْ نُسُكٍ فَإِذَآ أَمِنتُمْ فَمَن تَمَتَّعَ بِالْعُمْرَةِ إِلَى الْحَجِّ فَمَا اسْتَيْسَرَ مِنَ الْهَدْىِ فَمَن لَّمْ يَجِدْ فَصِيَامُ ثَلَـثَةِ أَيَّامٍ فِي الْحَجِّ وَسَبْعَةٍ إِذَا رَجَعْتُمْ تِلْكَ عَشَرَةٌ كَامِلَةٌ ذَلِكَ لِمَن لَّمْ يَكُنْ أَهْلُهُ حَاضِرِى الْمَسْجِدِ الْحَرَامِ وَاتَّقُواْ اللَّهَ وَاعْلَمُواْ أَنَّ اللَّهَ شَدِيدُ الْعِقَابِ ﴾

(196. And complete Hajj and `Umrah for Allah. But if you are prevented, then sacrifice a Hady that you can afford, and do not shave your heads until the Hady reaches the place of sacrifice. And whosoever of you is ill or has an ailment on his scalp (necessitating shaving), he must pay a Fidyah (ransom) of either fasting or giving Sadaqah or a sacrifice. Then if you are in safety and whosoever performs the `Umrah (in the months of Hajj), before (performing) the Hajj, he must slaughter a Hady such as he can afford, but if he cannot (afford it), he should fast for three days during Hajj and seven days after his return, making ten days in all. This is for him whose family is not present at Al-Masjid Al-Haram (i.e., non-resident of Makkah). And fear Allah much and know that Allah is severe in punishment.)

He was asked to give fidyah (ransom) because he had to do something that wasn’t allowed in Ihraam i.e. shave his hair.

Ayyub (one of the narrators of the Hadith) commented, “I do not know which alternative was stated first.” The wording of the Qur’an begins with the easiest then the more difficult options: “Pay a Fidyah of fasting (three days), feeding (six poor persons) or sacrificing (an animal).” Meanwhile, the Prophet advised Ka`b with the more rewarding option first, that is, sacrificing a sheep, then feeding six poor persons, then fasting three days. Each Text is suitable in its place and context, all the thanks and praises are due to Allah.

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