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Text and translation
English translation
4726. It was narrated that Abû Hurairah said: "A man was killed during the time of the Messenger of Allâh ﷺ, and the killer was brought to the Prophet ﷺ. He handed him over to the heir of the victim, but the killer said: 'O Messenger of Allâh, by Allâh I did not mean to kill him.' The Messenger of Allâh ﷺ said to the next of kin: 'If he is telling the truth and you kill him, you will go to the Fire.' So he let him go. He had been tied with a string and he went out dragging his string, so he became known as Dhul-Nis'ah (the one with the string). (Sâhîh)
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Commentary
1. According to the Divine law, the right of retribution belongs to the heirs of the slain. If they desire they might slay him, or if they so desire, they might forgive him. That is why Allâh's Messenger ﷺ handed over the slayer to the guardian of the slain. It is not essential that the killer be killed by the government itself.
2. Only a deliberate killer could be killed by way of retribution. According to the statement of the killer, he had not killed the man intentionally. Hence, he did not deserve to be slain. But the Prophet's ﷺ handing over the slayer to the heirs of the slain shows that the appearance of the killing was that it was deliberate. Of the intention of the killer, only Allâh is aware. So to speak, in such a situation also, the heirs of the slain should forgive the killer so that one may not be killed without right.
