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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

Sharecropping (Hadith No. 1980)

Bismillah.

Volume 3, Book 36, Number 485 :
Narrated by Abdullah bin Umar (radiallaahu `anhu)
“Allah’s Apostle (sallallaahu `alayhi wasallam) gave the land of Khaibar to the Jews to work on and cultivate and take half of its yield. Ibn ‘Umar (radiallaahu `anhu) added, “The land used to be rented for a certain portion (of its yield).” Nafi mentioned the amount of the portion but I forgot it. Rafi’ bin Khadij (radiallaahu `anhu) said, “The Prophet (sallallaahu `alayhi wasallam) forbade renting farms.” Narrated ‘Ubaid-Ullah Nafi’ said: Ibn ‘Umar (radiallaahu `anhu) said: (The contract of Khaibar continued) till ‘Umar (radiallaahu `anhu) evacuated the Jews (from Khaibar).

Sharecropping is a system of agriculture in which a landowner allows a tenant to use the land in return for a share of the crops produced on the land.

There is no harm in renting land for a permissible work, like farming or planting or for building and so on.

Imam Ibn Mundhir (may Allah be pleased with him) said in the book of al-Ijma’:

‘They agreed that renting a land in return of gold and silver for a limited period of time is permissible’.

However, Tawuss and Hassan said that this is disliked.

However, if the land is agricultural, and good for farming, planting or building then the benefit (profit) has to be defined.

Al-Nawawi (may Allah have mercy on him) stated in Al-Minhaj:

‘If the land is good for farming, planting and building, then the profit has to be defined beforehand.  It is enough in principle to define the farming by what is planted in it.  If it is stated that one can benefit from it by whatever means he wishes, it is correct. It is the same if it is said: ‘If you wish you farm it or you plant it’, this is correct as well.

There is no harm in renting land for something precise, like money, gold or silver.  The evidence is in the authentic Hadith that Handhala bin Qays asked Rafi’ bin Khadij about renting land.  He replied: ‘The Prophet (Sallallahu Alaihi wa Sallam) forbade us to rent land.  He said, I asked: ‘Is it forbidden to rent it for gold and silver?  He replied: ‘he forbade to rent it for what comes out of it as crops/production; it is permissible to rent it for gold and silver’.

The juristic reasoning by analogy to gold and silver is all what is definite even the food, be it similar to what is produced from it or not.

[Taken from IslamWeb]

Kitaab-ul-Ijaarah [Book of Hiring] ends here.

Why the Jews Were Cursed (Ahadith 1921 – 1922)

Bismillah.

Volume 3, Book 34, Number 426 :
Narrated by Ibn ‘Abbas (radiallaahu `anhu)
Once ‘Umar (radiallaahu `anhu) informed that a certain man sold alcohol. ‘Umar (radiallaahu `anhu) said, “May Allah curse him! Doesn’t he know that Allah’s Apostle (sallallaahu `alayhi wasallam) said, ‘May Allah curse the Jews, for Allah had forbidden them to eat the fat of animals but they melted it and sold it.”

Volume 3, Book 34, Number 427 :
Narrated by Abu Huraira (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) said, “May Allah curse the Jews, because Allah made fat illegal for them but they sold it and ate its price. “

We studied previously that when Allah forbids a thing, He forbids its price. Animal fat was haraam for the Jews. To have a way around it, they used to sell it to others and consume its price. This is wrong because of the rule mentioned in the beginning. Similarly, alcohol is forbidden for Muslims and so is its price. We can’t drink it OR sell it to non-Muslims. Its price is forbidden too.

Here’s an article about Jews written by Muhammad Alshareef explaining briefly the reasons Allah cursed them in the Quran.

Graves and Mosques (Hadith No. 1113)

Bismillah.

Volume 2, Book 23, Number 414:

Narrated ‘Urwa:

Aisha said, “The Prophet in his fatal illness said, ‘Allah cursed the Jews and the Christians because they took the graves of their Prophets as places for praying.”‘ Aisha added, “Had it not been for that the grave of the Prophet (p.b.u.h) would have been made prominent but I am afraid it might be taken (as a) place for praying.

The scholars have discussed this issue, in the past and more recently, and they refuted those who quote the fact that the grave of the Prophet (peace and blessings of Allaah be upon him) is inside his mosque as evidence that it is permissible to take graves as places of worship, or to include graves in mosques.

Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) said:

There is a specious argument put forward by those who worship graves, namely the fact that the grave of the Prophet (peace and blessings of Allaah be upon him) is in his mosque. The answer to that is that the Sahaabah (may Allaah be pleased with them) did not bury him in his mosque, rather they buried him in the house of ‘Aa’ishah (may Allaah be pleased with her). When al-Waleed ibn ‘Abd al-Malik expanded the Mosque of the Prophet (peace and blessings of Allaah be upon him) at the end of the first century, he incorporated the room into the mosque, but he did wrong thereby, and some of the scholars denounced him for that, but he believed that there was nothing wrong with it for the sake of expanding the mosque.

It is not permissible for a Muslim to take that as evidence that mosques may be built over graves, or that people may be buried inside mosques, because that goes against the saheeh ahaadeeth, and because it is a means that may lead to shirk by associating the occupants of the graves in worship with Allaah.  End quote.

Majmoo’ Fataawa al-Shaykh Ibn Baaz, 5/388, 389.

[Taken from IslamQA]
Read more here.

Wassalam.

Sa’d ibn Mu’adh (Hadith No. 452)

Salam,
Bismillah.

Volume 1, Book 8, Number 452:

Narrated ‘Aisha:

On the day of Al-Khandaq (battle of the Trench) the medial arm vein of Sa’d bin Mu’ad was injured and the Prophet pitched a tent in the mosque to look after him. There was another tent for Banu Ghaffar in the mosque and the blood started flowing from Sa’d’s tent to the tent of Bani Ghaffar. They shouted, “O occupants of the tent! What is coming from you to us?” They found that Sa’d’ wound was bleeding profusely and Sa’d died in his tent.

Sa’d (RA) was one of the Ansaar (Helpers). He was the chief of the Banu Aws tribe in Madinah. He accepted Islam in the first year of Hijrah (1 AH) when Prophet (SAW) and the Muslims migrated to Madinah from Makkah. He was knows to be a pious, just and wise man.

After the Battle of the Trench in 627 (5 AH), when Medina was unsuccessfully besieged by a Meccan army, the Muslims accused the Jewish Banu Qurayza of treacherous dealings with the enemy. They laid siege to their stronghold and the Banu Qurayza surrendered unconditionally after several weeks of siege.

Several members of the Banu Aws pleaded for their old Jewish allies and agreed to Muhammad’s proposal that one of their chiefs should judge the matter. Muhammad appointed Sa’d, the Banu Qurayza agreed to his appointment. Sa’d had been wounded in the earlier battles, and was on the verge of death. He declared that they be judged by the laws of their own religion (Judaism). Invoking Torah law, Sa’d decreed that all adult male members of the tribe should be executed and all women and children enslaved.

Sa’d died shortly after giving this verdict.

William Muir, a 19th-century Scottish Islamic Scholar, writes:

After delivering himself of the bloody decree, he was conducted back upon his ass to Rufeida’s tent. But the excitement was fatal to him; the wound burst forth anew. Mahomet hastened to the side of his bed: embracing him, he placed the dying man’s head upon his knee and prayed thus : — “O Lord! Verily Sad hath laboured in thy service. He hath believed in thy Prophet, and hath fulfilled his covenant. Wherefore do Thou, O Lord, receive his Spirit with the best reception wherewith Thou receivest a departing soul!” Sad heard the words, and in faltering accents whispered, – “Peace be on thee, O Apostle of God! – Verily I testify that thou art the Prophet of the Lord.” When he had breathed his last, they carried home the corpse. After the forenoon prayer, Mahomet proceeded to join the burial; he reached the house as they were washing the body. The mother of Sad, weeping loudly, gave vent to her grief in appropriate Arab verse. They chided her for reciting poetry on such an occasion; but Mahomet met interposed, saying: “Leave her alone; all other poets lie but she?” The bier was then carried forth, Mahomet helping to bear it for the first.. [A Life of Mahomet and History of Islam to the Era of the Hegira, volume 3]

For more on his biography, read “Sa’d bin Mu’adh, The True Supporter of Islam” by Abdul Basit Ahmad.

Wassalam.

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