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Text and translation
English translation
2625. It was narrated that Ziyâd bin Sa'd bin Dumairah (said): "My father and my paternal uncle, who were present at Hunain with the Messenger of Allâh ﷺ, narrated to me: 'The Prophet ﷺ prayed Zuhâr, then he sat beneath a tree. Aqra' bin Hâbis, who was the chief of Khindaf, came to him arguing in defense of Muhallim bin Jaththâmah. 'Uyainah bin Hisn came to him demanding vengeance for 'Âmir bin Adbat, who was from the tribe of Ashja'. The Prophet ﷺ said to them: 'Will you accept the blood money?' But they refused. Then a man from Banu Laith, whose name was Mukaital, stood up and said: 'O Messenger of Allâh! By Allâh! This man who was killed in the early days of Islam is like sheep that come to drink but stones are thrown at them, so the last of them runs away (i.e., the murderer should be killed).' The Prophet ﷺ said: 'You will have fifty (camels) while we are travelling and fifty (camels) when we return.' So they accepted the blood money." (Hasan)
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Commentary
a. In the case of deliberate murder both the punishments, either taking blood money or killing in retaliation are lawful.
b. There can be reconciliation in the case of blood money. Reduction is possible only with the consent of heirs, but increase is not permitted.
c. There are only three types of situations in which a killing takes place: A) Deliberate killing. Meaning that the killer deliberately and intentionally attacks with a weapon and kills. In this situation the amount of blood money is fixed, as has been mentioned in the Hadith. B) Killing by mistake, in a manner that resembles intentionally killing. Meaning, to attack with such a weapon which usually does not kill, like a stick and rod etc. This situation is identical to deliberate killing, and the punishment is also the same. C) Killing by mistake or by accident. In this situation the intention is not to kill but it happens by accident, like one man fires at a deer and suddenly someone comes in the way and is killed, or as usually happens in road accidents. The punishment of this is blood money, which is one hundred young camels or their price. (See Hadith 2630)
