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English translation
4501. It was narrated from Simāk, from 'Alqamah bin Wā'il, that his father said: "A man brought an Ethiopian man to the Prophet ﷺ, and said: 'This man killed my brother's son.' He said: 'How did you kill him?' He said: 'I struck his head with an axe, but I did not mean to kill him.' He said: 'Do you have any wealth with which you can pay the Diyah?' He said: 'No.' He said: 'Do you think that if I let you go and ask of people, you can collect enough to pay the Diyah?' He said: 'No.' He said: 'Will your masters give you the Diyah?' He said: 'No.' He said to the man: 'Take him,' and he took him out to kill him. The Messenger of Allāh ﷺ said: 'If he kills him, he will be like him.' News of that reached the man, and he came and heard what he said, and he said: 'He is there; issue whatever instructions you wish concerning him.' The Messenger of Allāh ﷺ said: 'Let him go – on one occasion he (the narrator) said: let him be – and he will carry the sin of his victim, and his own sin, and he will be one of the people of the Fire.' So he let him go." (Ṣaḥīḥ)
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Commentary
This case falls under the category of a murder that was not intentional, but was also not a mere accident. For more details, see chapter 17.
