Hadith 14 : The blood of a Muslim

HADITH 14
عنْ ابنِ مسعودٍ رَضِي اللهُ عَنْهُ قالَ: قالَ رسولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ: {لاَ يَحِلُّ دَمُ امْرِئٍ مُسْلِمٍ يَشْهَدُ أَن لاَ إِلَهَ إِلاَّ اللهُ وأَنِّي رسُولُ اللهِ إِلاَّ بِإِحْدَى ثَلاَثٍ: الثَّيِّبِ الزَّانِي، وَالنَّفْسِ بِالنَّفْسِ، وَالتَّارِكِ لِدِينِهِ الْمُفَارِقِ لِلْجَمَاعَةِ}.
رواه البخاريُّ ومسلمٌ.

Abdullah bin Masud narrated that the messenger of Allah said :

“The blood of a Muslim may not be legally spilt other than in one of three [instances] : the married person who commits adultery; a life for a life; and one who forsakes his religion and abandons the community.” it was related by Bukhari and Muslim

The ahadith in the Forty hadith collection speak of the foundations of the religion. Like in hadith no.1 is the foundation of niyyah and ikhlas, and other hadith about rejecting bid’ah. This hadith is foundation that spilling the blood is haram. The general ruling that it is haram to spill the blood and if we spill the blood we need an evidence.

Not permissible here means it is haram. There are many ahadith that show that it is haram to spill the blood of a Muslim. The one who denies these evidences then he has left the religion. It is like he says zina is halal or alcohol is halal the same ruling applies. If he is ignorant then he is taught the truth that it is haram to kill the believer.

We do not take from this hadith that it is permissible to spill the blood of a non muslim. There is a hadith that says whoever kills a mu’ahad he will not smell the smell of paradise. It is not permissible to kill the people who have treaties with the Muslims and other cases where a leader allows people to come into the country for safety and there are those who pay the jizyah (tax) and are not allowed to be harmed.

The one who doesn’t zina is of two kind :
The Tayyib or al Muhsaan the one the Nikka’s was valid
and the Bikr

One of the instances only has to be present not all three of them. The married person applies to the one who is married currently or was married before. If the person is not currently in a marriage contract it still applies to them.

Those who do adultery are of two types:
1. The one who has been married and the other who has not been married. The Tayyib or Muhsin
2. The one who is not married gets lashed 100 times and in the correct opinion he is exiled from the city for one year(expel one from the land , to make them avoid it again when judge think that expel will not fill the purpose then judge can replace it with something similar like a jail ) .The Bikr
The one who has been married gets the punishment of being stoned to death. There is a difference of opinion of they get lashed before being stoned.

The punishment in Islam is the responsibility of the ruler of the country . The judge is appointed by the ruler and the one who will execute it are all under the authority of the ruler .

The one who has been married is worst than the one who has not being married , his house ,wife will be affected ,
The one who has not been marriage ,is biggest harm is themselves ,dignity …

Abrogation in Quran :
Ayah abrogated , then better or equal to it been revealed
New text come ,and the text wipe out the ruling of the old text .

Like Zina , the heifer was close them in room till they die …the ayah remain but the ruling no longer remain

Allah (سبحان الله وتعالى) may keep the ayah and remove the ruling if the ayah and there is a wisdom doing was . So you can understand the past and now .

Or the ayah is removed but the ruling is there . Like if the man and women does it then kill them . But the ruling remain . The word has been abrogated .

Some other the word and ruling has been abrogated .

Allah (سبحان الله وتعالى) does what he want . We don’t remove an ayah unless we bring better .

The Rafidaah will say the sahabah or righteous caliphs remove some ayah…the link the action of Abu Bakr AsSiddiq (رضي الله عنه) of gathering the Quran and removing some ayah and link the action of Uthman …

The stoning ayah word are not there but the meaning is there .

The married person deserves capital punishment in some cases .

Allah (سبحان الله وتعالى) wipe the sin totally .

A life for a life. The practice from the arabs is to kill someone important from that family instead of the person who did the killing. This is not permissible in Islam, the punishment goes to the one who did the crime of killing.

If a Muslim kills a non Muslim who it is not permissible to kill then he is not killed. The Prophet said:
Narrated ‘Amr bin Shu’aib: from his father, from his grandfather that the Messenger of Allah (صلىوسلمe ) said: “The Muslim is not killed for disbeliever.” And with this chain, it has been narrated that the Prophet (صلىوسلمl ) said: “The blood-money paid for disbeliever is half of the blood-money paid for a believer.” (At-Tirmidhi, Hasan). Some scholars say it is for the ruler to kill him or not. It is not for Hadd punishment but to discourage others from doing this. A woman is killed if she kills a man and vice versa. The pagan arabs would not want a man to be killed for a woman. The scholars differed whether a free man is killed if he kills a slave.

The one who leave his religion ,

The betrayl of leaving Islam is the biggest betrayl one can do. The person who is born a Muslim or reverts to Islam and then leaves it is killed. The judge will try to convince the person not to leave the religion and teach him if he has any doubts that caused him to want to leave the religion. The ahnaf (hanafis) say that a woman is not killed if she leaves the religion. The other schools of thought say yes she is killed and it is the vast majority’s opinion. This opinion can be refuted with the fact that a woman is killed if she does zina and other punishments that a man does. A person who spies on his country is killed for doing so. Betraying the religion is far worse than the betrayal of one’s country.
There are certain rulings that are not mentioned in this hadith like killing the magician as it says in the hadith that cut the magicians neck with a sword. There is a narration where a sahabi killed a magician who used to make it seem like he removed his head from his body. So the sahabi cut his head off and said put your head back on if you are able to. Another example is the punishment for homosexuality and that the person is killed and takes the ruling of fornication and it doesn’t matter if they were married or not married. There is the example of the one who seeks to be a khalifa while there already is one in place.

And his (صلىوسلمl ) statement : “a life for a life” is in agreement with the statement of Allaah ta’aalaa “And we have prescribed for them in it (the Tawraat): a life for a life” [al-Maa’idah, 45]. And its meaning is those who are equivalent in Islaam and Freedom, due to the statement of the Prophet (صلىوسلمe ) “A Muslim is not killed [in requittal] for a kaafir”. And also, Freedom is a condition for equality according to Imaams Maalik, ash-Shaafi’ee and Ahmad. [ie. A free man cannot be killed for a slave] However, the scholars of Ahl-ur-Rayy [The People of Opinion – a reference to the scholars of the Hanafee madhhab] have taken the position that a Muslim is killed for a dhimmee [a non-Muslim who pays the jizyaa, and lives under the protection of a Muslim state] and that a free man is killed for a slave, and they use this hadeeth as a proof. But the jamhoor (majority of the scholars) have ruled opposite to this.

Summary:

That a Muslim can be killed legally only for three crimes : a) adultery b) murder and c) apostasy
They are the most common , all others fall under these three category .

About slaveofallah14

Slave of Allah dedicated to learning and providing authentic Islamic education for the Muslim and non-Muslim women,only for the sake of Allah.

Posted on May 28, 2015, in 40 hadith, Hadith and tagged . Bookmark the permalink. Leave a comment.

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