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‏القسامة والمحاربين والقصاص والديات‏ (The Book of the Oath, Requital, Blood-Money and Those Who Wage War)
CHAPTER: THE CONFESSION OF MURDER IS HELD VALID AND THE PERSON WHOSE MAN IS KILLED IS ENTITLED TO GET RETRIBUTION. THE OFFENDER HAS A RIGHT TO BEG FOR REMISSION  

No. 4164

'Alqama b. Wa'il reported on the authority of his-father: While I was sitting in the company of Allaah's Prophet (sallAllaahu alayhi wa sallam), a person came there dragging another one with the help of a strap and said: Allaah's Messenger, this man has killed my brother. Allaah's Messenger (sallAllaahu alayhi wa sallam) said to him: Did you kill him? And the other man said: (In case he did not make a confession of this, I shall brine, a witness against him). He (the murderer) said: Yes, I have killed him. He (the Prophet) said: Why did you kill him? He said: I and he won striking down the leaves of a tree and he abused me and enraged me, and to I struck his head with an axe and killed him, whereupon Allaah's Messenger (sallAllaahu alayhi wa sallam) said: Have you anything with you to pay blood-wit on your behalf? He said: I do not possess any property but this robe of mine and this axe of mine. He (the Prophet) said: Do you think your people will pay ransom for you? He said: I am more insignificant among my people than this (that I would not be able to get this benefit from my tribe). He (the Prophet) threw the strap towards him (the claimant of the blood-wit) saying: Take away your man. The man took him away, and as he returned, Allaah's Messenger (sallAllaahu alayhi wa sallam) said: If he kills him, he will be like him. He returned and said: Allaah's Messenger, it has reached me that you have said that" If he killed him, he would be like him." I caught hold of him according to your command, whereupon Allaah's Messenger (sallAllaahu alayhi wa sallam) said: Don't you like that he should take upon him (the burden) of your sin and the sin of your companion (your brother)? He said: Allaah's Prophet, why not? The Messenger of Allaah (sallAllaahu alayhi wa sallam) said: If it is so, then let it be. He threw away the strap (around the offender) and set him free.

No. 4165

'Alaqama b. Wa'il reported on the authority of his father that a person was brought to the Messenger of Allaah (sallAllaahu alayhi wa sallam) who had killed another person, and the heir of the person slain had dragged him (to the Prophet) with a strap around his neck. As he turned away Allaah's Messenger (sallAllaahu alayhi wa sallam) said: The killer and the killed are (doomed) to fire. A person came to the other person (the heir of the deceased) and he reported to him the words of the Messenger of Allaah (sallAllaahu alayhi wa sallam), and so he let him off. Isma'il b. Salim said: I made a mention of it to Habib b. Abu Thabit and he said: Ibn Ashwa' reported to me that Allaah's Prophet (sallAllaahu alayhi wa sallam) had asked him to pardon him, but he refused.




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