Volume 4, Book 52, Number 193 :
Narrated by Anas (radiallaahu `anhu)
Whenever Allah’s Apostle (sallallaahu `alayhi wasallam) attacked some people, he would never attack them till it was dawn. If he heard the Adhan (i.e. call for prayer) he would delay the fight, and if he did not hear the Adhan, he would attack them immediately after dawn. We reached Khaibar at night.
Volume 4, Book 52, Number 194 :
Narrated by Anas (radiallaahu `anhu)
Same as Hadith No. 193 above.
Volume 4, Book 52, Number 195 :
Narrated by Anas (radiallaahu `anhu)
The Prophet (sallallaahu `alayhi wasallam) set out for Khaibar and reached it at night. He used not to attack if he reached the people at night, till the day broke. So, when the day dawned, the Jews came out with their bags and spades. When they saw the Prophet; they said, “Muhammad and his army!” The Prophet (sallallaahu `alayhi wasallam) said, Allahu Akbar! (Allah is Greater) and Khaibar is ruined, for whenever we approach a nation (i.e. enemy to fight) then it will be a miserable morning for those who have been warned.”
This is really interesting because Muslims had the perfect opportunity to use the element of surprise when they reached Khaibar. They could’ve raided the whole town, plundered and looted, but they didn’t. Prophet (sallallaahu `alayhi wasallam) waited till dawn so the Jews could come out and see that they were under attack and prepare for retaliation/defense. Fair and square. The Jews still lost and nobody could say that the Muslim army wasn’t strong enough to handle theirs. The wait would’ve helped rejuvenate the soldiers too as they got to get some rest after travelling. So that was a plus.
This is all my own theory and understanding, not a scholar’s commentary. And based on the words of Anas (radiallahu `anhu), I chose the title of this post. Now there could have been some exceptions to this in the Seerah that I can’t think of right now. But this was a norm of the Prophet (sallallaahu `alayhi wasallam), so yeah, surprise attacks are not from the Sunnah.
Modern warfare need not use all the same strategies as the Prophet’s (sallallaahu `alayhi wasallam), since it’s a different time and our ways have changed, but as long as the basic rules laid down by the Prophet (sallallaahu `alayhi wasallam) (for example, not cutting trees unnecessarily, not killing women and children etc.) are being followed, we’re good. (Y)
Hadith no. 2586 (below) is a repeat. Read it here.
Volume 4, Book 52, Number 191 :
Narrated by Abdullah bin Abbas (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) wrote to Caesar and invited him to Islam and sent him his letter with Dihya Al-Kalbi (radiallaahu `anhu) whom Allah’s Apostle (sallallaahu `alayhi wasallam) ordered to hand it over to the Governor of Busra who would forward it to Caesar. Caesar as a sign of gratitude to Allah, had walked from Hims to Ilya (i.e. Jerusalem) when Allah had granted Him victory over the Persian forces. So, when the letter of Allah’s Apostle (sallallaahu `alayhi wasallam) reached Caesar, he said after reading, ‘Seek for me any one of his people! (Arabs of Quraish tribe) if present here, in order to ask him about Allah’s Apostle (sallallaahu `alayhi wasallam). At that time Abu Sufyan bin Harb was in Sham with some men frown Quraish who had come (to Sham) as merchants during the truce that had been concluded between Allah’s Apostle; and the infidels of Quraish. Abu Sufyan said, Caesar’s messenger found us somewhere in Sham so he took me and my companions to Ilya and we were admitted into Ceasar’s court to find him sitting in his royal court wearing a crown and surrounded by the senior dignitaries of the Byzantine. He said to his translator. ‘Ask them who amongst them is a close relation to the man who claims to be a prophet.” Abu Sufyan added, “I replied, ‘I am the nearest relative to him.’ He asked, ‘What degree of relationship do you have with him?’ I replied, ‘He is my cousin,’ and there was none of Bani Abu Manaf in the caravan except myself. Caesar said, ‘Let him come nearer.’ He then ordered that my companions stand behind me near my shoulder and said to his translator, ‘Tell his companions that I am going to ask this man about the man who claims to be a prophet. If he tells a lie, they should contradict him immediately.” Abu Sufyan added, “By Allah ! Had it not been shameful that my companions label me a liar, I would not have spoken the truth about him when he asked me. But I considered it shameful to be called a liar by my companions. So I told the truth. He then said to his translator, ‘Ask him what kind of family does he belong to.’ I replied, ‘He belongs to a noble family amongst us.’ He said, ‘Have anybody else amongst you ever claimed the same before him? ‘I replied, ‘No.’ He said, ‘Had you ever blamed him for telling lies before he claimed what he claimed? ‘ I replied, ‘No.’ He said, ‘Was anybody amongst his ancestors a king?’ I replied, ‘No.’ He said, “Do the noble or the poor follow him?’ I replied, ‘It is the poor who follow him.’ He said, ‘Are they increasing or decreasing (day by day)?’ I replied,’ They are increasing.’ He said, ‘Does anybody amongst those who embrace his (the Prophet’s) Religion become displeased and then discard his Religion?’. I replied, ‘No. ‘ He said, ‘Does he break his promises? I replied, ‘No, but we are now at truce with him and we are afraid that he may betray us.” Abu Sufyan added, “Other than the last sentence, I could not say anything against him. Caesar then asked, ‘Have you ever had a war with him?’ I replied, ‘Yes.’ He said, ‘What was the outcome of your battles with him?’ I replied, ‘The result was unstable; sometimes he was victorious and sometimes we.’ He said, ‘What does he order you to do?’ I said, ‘He tells us to worship Allah alone, and not to worship others along with Him, and to leave all that our fore-fathers used to worship. He orders us to pray, give in charity, be chaste, keep promises and return what is entrusted to us.’ When I had said that, Caesar said to his translator, ‘Say to him: I ask you about his lineage and your reply was that he belonged to a noble family. In fact, all the apostles came from the noblest lineage of their nations. Then I questioned you whether anybody else amongst you had claimed such a thing, and your reply was in the negative. If the answer had been in the affirmative, I would have thought that this man was following a claim that had been said before him. When I asked you whether he was ever blamed for telling lies, your reply was in the negative, so I took it for granted that a person who did not tell a lie about (others) the people could never tell a lie about Allah. Then I asked you whether any of his ancestors was a king. Your reply was in the negative, and if it had been in the affirmative, I would have thought that this man wanted to take back his ancestral kingdom. When I asked you whether the rich or the poor people followed him, you replied that it was the poor who followed him. In fact, such are the followers of the apostles. Then I asked you whether his followers were increasing or decreasing. You replied that they were increasing. In fact, this is the result of true faith till it is complete (in all respects). I asked you whether there was anybody who, after embracing his religion, became displeased and discarded his religion; your reply was in the negative. In fact, this is the sign of true faith, for when its cheerfulness enters and mixes in the hearts completely, nobody will be displeased with it. I asked you whether he had ever broken his promise. You replied in the negative. And such are the apostles; they never break their promises. When I asked you whether you fought with him and he fought with you, you replied that he did, and that sometimes he was victorious and sometimes you. Indeed, such are the apostles; they are put to trials and the final victory is always theirs. Then I asked you what he ordered you. You replied that he ordered you to worship Allah alone and not to worship others along with Him, to leave all that your fore-fathers used to worship, to offer prayers, to speak the truth, to be chaste, to keep promises, and to return what is entrusted to you. These are really the qualities of a prophet who, I knew (from the previous Scriptures) would appear, but I did not know that he would be from amongst you. If what you say should be true, he will very soon occupy the earth under my feet, and if I knew that I would reach him definitely, I would go immediately to meet Him; and were I with him, then I would certainly wash his feet.’ ” Abu Sufyan added, “Caesar then asked for the letter of Allah’s Apostle and it was read. Its contents were:– “In the name of Allah, the most Beneficent, the most Merciful (This letter is) from Muhammad, the slave of Allah, and His Apostle, to Heraculius, the Ruler of the Byzantine. Peace be upon the followers of guidance. Now then, I invite you to Islam (i.e. surrender to Allah), embrace Islam and you will be safe; embrace Islam and Allah will bestow on you a double reward. But if you reject this invitation of Islam, you shall be responsible for misguiding the peasants (i.e. your nation). O people of the Scriptures! Come to a word common to you and us and you, that we worship. None but Allah, and that we associate nothing in worship with Him; and that none of us shall take others as Lords besides Allah. Then if they turn away, say: Bear witness that we are (they who have surrendered (unto Him)..(3.64) Abu Sufyan added, “When Heraclius had finished his speech, there was a great hue and cry caused by the Byzantine Royalties surrounding him, and there was so much noise that I did not understand what they said. So, we were turned out of the court. When I went out with my companions and we were alone, I said to them, ‘Verily, Ibn Abi Kabsha’s (i.e. the Prophet’s) affair has gained power. This is the King of Bani Al-Asfar fearing him.” Abu Sufyan added, “By Allah, I remained low and was sure that his religion would be victorious till Allah converted me to Islam, though I disliked it “
Volume 4, Book 52, Number 192 :
Narrated by Sahl bin Sad (radiallaahu `anhu)
That he heard the Prophet (sallallaahu `alayhi wasallam) on the day (of the battle) of Khaibar saying, “I will give the flag to a person at whose hands Allah will grant victory.” So, the companions of the Prophet (sallallaahu `alayhi wasallam) got up, wishing eagerly to see to whom the flag will be given, and everyone of them wished to be given the flag. But the Prophet (sallallaahu `alayhi wasallam) asked for ‘Ali (radiallaahu `anhu). Someone informed him that he was suffering from eye-trouble. So, he ordered them to bring ‘Ali (radiallaahu `anhu) in front of him. Then the Prophet (sallallaahu `alayhi wasallam) spat in his eyes and his eyes were cured immediately as if he had never any eye-trouble. ‘Ali (radiallaahu `anhu) said, “We will fight with them (i.e. infidels) till they become like us (i.e. Muslims).” The Prophet (sallallaahu `alayhi wasallam) said, “Be patient, till you face them and invite them to Islam and inform them of what Allah has enjoined upon them. By Allah! If a single person embraces Islam at your hands (i.e. through you), that will be better for you than the red camels.”
Red camels are the best kind of camels. If you were to talk in terms of cars, red camels would represent the Ferraris, Lamborghinis of today. :)
Allaah created man and caused him to dwell on this earth, but He did not forsake him. Rather He gave him what he needs of food, drink and clothing, and revealed to him throughout the ages a path to follow and be guided by. The interests and happiness of mankind at every time and in every place depend upon following the path of Allaah and rejecting all others:
“And verily, this (i.e. Allaah’s Commandments mentioned in the above two Verses 151 and 152) is My straight path, so follow it, and follow not (other) paths, for they will separate you away from His path. This He has ordained for you that you may become Al-Muttaqoon (the pious)” [al-An’aam 6:153 – interpretation of the meaning]
Islam is the last of the heavenly religions and the Qur’aan is the last of the heavenly Books. Muhammad (peace and blessings of Allaah be upon him) is the last of the Prophets and Messengers. Allaah commanded him to convey this religion to all of mankind:
“This Qur’aan has been revealed to me that I may therewith warn you and whomsoever it may reach” [al-An’aam 6:18]
Allaah sent His Messenger Muhammad (peace and blessings of Allaah be upon him) with Islam to all of mankind, as Allaah says (interpretation of the meaning):
“Say (O Muhammad): ‘O mankind! Verily, I am sent to you all as the Messenger of Allaah’”[al-A’raaf 7:158]
Da’wah or calling others to Islam is the best of deeds, because it involves guiding people to the Straight Path and to that which will bring them happiness in this world and in the Hereafter:
“And who is better in speech than he who [says: ‘My Lord is Allaah (believes in His Oneness),’ and then stands firm (acts upon His Order), and] invites (men) to Allaah’s (Islamic Monotheism), and does righteous deeds, and says: ‘I am one of the Muslims.’”[Fussilat 41:33 – interpretation of the meaning]
Calling others to Islam is an honourable mission. This is the work of the Prophets and Messengers. The Messenger (peace and blessings of Allaah be upon him) explained that his mission in life, and the mission of his followers, is to call people to Allaah. Allaah says (interpretation of the meaning):
“Say (O Muhammad): ‘This is my way; I invite unto Allaah (i.e. to the Oneness of Allaah — Islamic Monotheism) with sure knowledge, I and whosoever follows me (also must invite others to Allaah, i.e. to the Oneness of Allaah — Islamic Monotheism with sure knowledge). And Glorified and Exalted be Allaah (above all that they associate as partners with Him). And I am not of the Mushrikoon (polytheists, pagans, idolaters and disbelievers in the Oneness of Allaah; those who worship others along with Allaah or set up rivals or partners to Allaah)’” [Yoosuf 12:108]
The Muslims in general and the scholars in particular are commanded to call people to Islam, as Allaah says (interpretation of the meaning):
“Let there arise out of you a group of people inviting to all that is good (Islam), enjoining Al-Ma‘roof (i.e. Islamic Monotheism and all that Islam orders one to do) and forbidding Al-Munkar (polytheism and disbelief and all that Islam has forbidden). And it is they who are the successful”[Aal ‘Imraan 3:104]
The Prophet (peace and blessings of Allaah be upon him) said: “Convey from me even if it is (only) one aayah.” (Narrated by al-Bukhaari, 3461)
Calling people to Allaah is an important task and a glorious mission, because it means calling people to worship Allaah alone. It means bringing them forth from darkness to the light, planting goodness in the place of evil and truth in the place of falsehood. Hence whoever does this needs to have knowledge, understanding, patience, forbearance, gentleness and kindness. He needs to give of his wealth and of himself, and he needs to understand people’s circumstances and habits. Allaah says (interpretation of the meaning):
“Invite (mankind, O Muhammad) to the way of your Lord (i.e. Islam) with wisdom (i.e. with the Divine Revelation and the Qur’aan) and fair preaching, and argue with them in a way that is better. Truly, your Lord knows best who has gone astray from His path, and He is the Best Aware of those who are guided” [al-Nahl 16:125]
Allaah blessed His Messenger with the words (interpretation of the meaning):
“And by the Mercy of Allaah, you dealt with them gently. And had you been severe and harsh-hearted, they would have broken away from about you; so pass over (their faults), and ask (Allaah’s) forgiveness for them; and consult them in the affairs”
[Aal ‘Imraan 3:159]
The daa’iyah (caller) may be faced with debates in his da’wah activities, especially with the People of the Book. Allaah has commanded us, if it reaches the point of debate, to debate in a manner that is better, which is with kindness and gentleness, explaining the principles of Islam as they came, pure and simple, in a kindly manner and with no element of compulsion. Allaah says (interpretation of the meaning):
“And argue not with the people of the Scripture (Jews and Christians), unless it be in (a way) that is better (with good words and in good manner, inviting them to Islamic Monotheism with His Verses), except with such of them as do wrong; and say (to them): ‘We believe in that which has been revealed to us and revealed to you; our Ilaah (God) and your Ilaah (God) is One (i.e. Allaah), and to Him we have submitted (as Muslims)’”
Calling people to Allaah is a virtuous deed which brings great reward. The Prophet (peace and blessings of Allaah be upon him) said:
If building a physical structure needs effort and patience until it is complete, then building souls and guiding them to the truth also needs patience and sacrifice. The Messenger (peace and blessings of Allaah be upon him) called people to Islam, patiently bearing the persecution of the kuffaar, Jews and hypocrites. They made fun of him and disbelieved in him; they insulted him and threw stones at him; they said that he was a sorcerer or a madman; they accused him of being a poet or a soothsayer – but he (peace and blessings of Allaah be upon him) bore all that with patience until Allaah granted him victory and caused His religion to prevail. So the daa’iyah must follow his example:
“So be patient (O Muhammad). Verily, the Promise of Allaah is true; and let not those who have no certainty of Faith discourage you from conveying Allaah’s Message (which you are obliged to convey)[al-Room 30:60 – interpretation of the meaning]
The Muslims must follow the example and guidance of their Messenger and call others to Islam, bearing insults and harm with patience for the sake of Allaah, as their Messenger (peace and blessings of Allaah be upon him) did:
“Indeed in the Messenger of Allaah (Muhammad) you have a good example to follow for him who hopes for (the Meeting with) Allaah and the Last Day, and remembers Allaah much” [al-Ahzaab 33:21 – interpretation of the meaning]
The well-being and happiness of this ummah are only to be found in following this religion. Hence Allaah commanded us to convey the message to all of mankind, as He says (interpretation of the meaning):
“This (Qur’aan) is a Message for mankind (and a clear proof against them), in order that they may be warned thereby, and that they may know that He is the only One Ilaah (God — Allaah) — (none has the right to be worshipped but Allaah) — and that men of understanding may take heed.” [Ibraaheem 14:52]
From Usool al-Deen al-Islami by Shaykh Muhammad ibn Ibraaheem al-Tuwayjri
Ahadith 2386 – 2387 (below) are repeats. See linked text for related posts.
Volume 3, Book 50, Number 888 :
Narrated by Ubai bin Kab (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) said, “Moses the Apostle of Allah,” and then he narrated the whole story about him. Al-Khadir said to Moses, “Did not I tell you that you can have no patience with me.” (18.72). Moses then violated the agreement for the first time because of forgetfulness, then Moses promised that if he asked Al-Khadir about anything, the latter would have the right to desert him. Moses abided by that condition and on the third occasion he intentionally asked Al-Khadir and caused that condition to be applied. The three occasions referred to above are referred to by the following Verses: “Call me not to account for forgetting And be not hard upon me.” (18.73) “Then they met a boy and Khadir killed him.” (18.74) “Then they proceeded and found a wall which was on the verge of falling and Khadir set it up straight.” (18.77)
Volume 3, Book 50, Number 889 :
Narrated by Urwa
Aisha (radiallaahu `anhaa) said, “Buraira came to me and said, ‘My people (masters) have written the contract for my emancipation for nine Awaq ) of gold) to be paid in yearly installments, one Uqiyya per year; so help me.” Aisha (radiallaahu `anhaa) said (to her), “If your masters agree, I will pay them the whole sum provided the Wala will be for me.” Buraira went to her masters and told them about it, but they refused the offer and she returned from them while Allah’s Apostle (sallallaahu `alayhi wasallam) was sitting. She said, “I presented the offer to them, but they refused unless the Wala’ would be for them.” When the Prophet (sallallaahu `alayhi wasallam) heard that and ‘Aisha (radiallaahu `anhaa) told him about It, he said to her, “Buy Buraira and let them stipulate that her Wala’ will be for them, as the Wala’ is for the manumitted.” ‘Aisha (radiallaahu `anhaa) did so. After that Allah’s Apostle (sallallaahu `alayhi wasallam) got up amidst the people, Glorified and Praised Allah and said, “What is wrong with some people who stipulate things which are not in Allah’s Laws? Any condition which is not in Allah’s Laws is invalid even if there were a hundred such conditions. Allah’s Rules are the most valid and Allah’s Conditions are the most solid. The Wala is for the manumitted.“
Volume 3, Book 50, Number 890 :
Narrated by Ibn Umar (radiallaahu `anhu)
When the people of Khaibar dislocated Abdullah bin Umar’s (radiallaahu `anhu) hands and feet, Umar (radiallaahu `anhu) got up delivering a sermon saying, “No doubt, Allah’s Apostle (sallallaahu `alayhi wasallam) made a contract with the Jews concerning their properties, and said to them, ‘We allow you (to stand in your land) as long as Allah allows you.’ Now Abdullah bin Umar went to his land and was attacked at night, and his hands and feet were dislocated, and as we have no enemies there except those Jews, they are our enemies and the only people whom we suspect, I have made up my mind to exile them.”
When Umar (radiallaahu `anhu) decided to carry out his decision, a son of Abu Al-Haqiq’s came and addressed ‘Umar, “O chief of the believers, will you exile us although Muhammad allowed us to stay at our places, and made a contract with us about our properties, and accepted the condition of our residence in our land?” ‘Umar (radiallaahu `anhu) said, “Do you think that I have forgotten the statement of Allah’s Apostle (sallallaahu `alayhi wasallam), i.e. “What will your condition be when you are expelled from Khaibar and your camel will be carrying you night after night?” The Jew replied, “That was joke from Abu-l-Qasim.” ‘Umar (radiallaahu `anhu) said, “O the enemy of Allah! You are telling a lie.” ‘Umar (radiallaahu `anhu) then drove them out and paid them the price of their properties in the form of fruits, money, camel saddles and ropes, etc.”
At the time of his death the Holy Prophet had expressed the view that in Arabia there should be only one religion, namely Islam. During the lifetime of the Holy Prophet, all the tribes in Arabia had accepted Islam. There were only a few pockets of non-Muslims, the Jews in Khyber, and the Christians in Najran.
During the caliphate of Abu Bakr, many tribes who had accepted Islam apostatised. As a result of the apostasy wars, all the apostate tribes were defeated and they once again accepted Islam. During the brief period of his office, Abu Bakr allowed the status quo to continue with regard to the Jews and the Christians.
At the time of the conquest of Khyber, a treaty was executed with the Jews whereunder they were allowed to cultivate the lands on the payment of one half of the produce to the Muslim state at Madina. The treaty also provided that the Jews could be turned out of Khyber, whenever the Muslim state deemed it necessary.
When Umar became the Caliph he deputed his son Abdullah to Khyber to collect the revenue. As Abdullah lay sleeping on the roof of a house in Khyber at night, his bed was overturned by the Jews causing him an injury in the arm. Umar investigated the matter and found that the Jews were bent on mischief. Umar accordingly passed orders expelling the Jews from Khyber. They migrated to Syria. They were allowed to carry their movable belongings with them. Their immovable property in Khyber was distributed among the Muslims.
The Christians of Najran near Yemen had a pact with the Holy Prophet “hereunder they were allowed to live in peace unless they indulged in any hostile activities against Islam. It was also stipulated that they would not indulge in usury. When Umar became the Caliph it was brought to his notice that the Christians of Najran had violated the peace pact in as much as they were indulging in usury, and were also guilty of activities hostile to Islam.
Umar summoned the representatives of the Christians of Najran, and apprised them of the charge of violating the terms of the treaty. In a vainglorious mood the deputationists said “If that was that, they might be expelled.” Umar accordingly passed orders for their expulsion. Arrangements were made for their settlement in Iraq. They were allowed to carry their entire movable property with them. Their immovable property was acquired by the state on payment.
Umar instructed his officers in Iraq that all possible assistance should be provided for the settlement of the refugees from Najran in Iraq. The Christians were exempted from the payment of Jizya for the first two years.
With the expulsion of the Jews and the Christians from Arabia, the country became an exclusively Muslim land. Umar has thus the distinction of being the first ruler under whom Arabia became the exclusive preserve for Islam.
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”
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”
“And there is (a saving of) life for you in Al-Qisaas”
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”
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
Hadith no. 2203 (below) is a repeat.
Volume 3, Book 46, Number 706:
Narrated ‘Umar bin Al-Khattab (radiallaahu `anhu):
The Prophet (sallallaahu `alayhi wasallam) said, “The (reward of) deeds depend on intentions, and every person will get the reward according to what he intends. So, whoever migrated for Allah and His Apostle (sallallaahu `alayhi wasallam), then his migration will be for Allah and His Apostle (sallallaahu `alayhi wasallam), and whoever migrated for worldly benefits or for marrying a woman, then his migration will be for what he migrated for.” (See Hadith No. 1, Vol. 1)
Volume 3, Book 46, Number 707:
When Abu Huraira (radiallaahu `anhu) accompanied by his slave set out intending to embrace Islam they lost each other on the way. The slave then came while Abu Huraira (radiallaahu `anhu) was sitting with the Prophet (sallallaahu `alayhi wasallam). The Prophet (sallallaahu `alayhi wasallam) said, “O Abu Huraira! Your slave has come back.” Abu Huraira (radiallaahu `anhu) said, “Indeed, I would like you to witness that I have manumitted him.” That happened at the time when Abu Huraira (radiallaahu `anhu) recited (the following poetic verse):– ‘What a long tedious tiresome night! Nevertheless, it has delivered us from the land of Kufr (disbelief).
Volume 3, Book 46, Number 708:
Narrated Abu Huraira (radiallaahu `anhu):
On my way to the Prophet (sallallaahu `alayhi wasallam) I was reciting:– ‘What a long tedious tiresome night! Nevertheless, it has saved us from the land of Kufr (disbelief).’ I had a slave who ran away from me on the way. When I went to the Prophet (sallallaahu `alayhi wasallam) and gave the pledge of allegiance for embracing Islam, the slave showed up while I was still with the Prophet (sallallaahu `alayhi wasallam) who remarked, “O Abu Huraira (radiallaahu `anhu)! Here is your slave!” I said, “I manumit him for Allah’s Sake,” and so I freed him.
Volume 3, Book 46, Number 709:
When Abu Huraira (radiallaahu `anhu) accompanied by his slave came intending to embrace Islam, they lost each other on the way. (When the slave showed up) Abu Huraira (radiallaahu `anhu) said (to the Prophet (sallallaahu `alayhi wasallam)), “I make you witness that the slave is free for Allah’s Cause.”
Abu Huraira (radiallaahu `anhu) left everything in the world to embrace Islam. He took his mother and his slave with him on the journey to Madinah leaving everything else behind. When he reached Madinah, he found that the Prophet (sallallaahu `alayhi wasallam) was in Khaibar, fighting a Jewish tribe. He joined the Prophet (sallallaahu `alayhi wasallam) in the final days of the battle at Khaibar, in the 7th year of the Hijrah. His first act after accepting Islam and meeting the Prophet (sallallaahu `alayhi wasallam) was to free his slave. Cool, no?