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Text and translation
English translation
4793. It was narrated that Ibn 'Abbâs said: "The Messenger of Allâh ﷺ said: 'Whoever is killed in the blind or by something thrown,[1] while between them is a rock, a whip, or a stick, then the blood money to be paid for him is the blood money for accidental killing. Whoever kills deliberately, then retaliation is upon him, and whoever tries to prevent that, upon him is the curse of Allâh, the Angels, and all the people, and Šarf nor ʿAdl will be accepted from him."[2] (Šahîh)
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Commentary
1. In this narration, a spectacle of unruly mob has been described, when there is tumult on either side. People are fighting among themselves. Someone is
flinging a stone, the other a stick. Someone is cracking a whip, while some other is empty-handed. In such a violent mob, the slayer cannot be identified. Even otherwise, the objective of such fighting is not to kill anyone. If anyone is killed, it would then be reckoned as an accidental killing, and the second party would pay the blood money. If, however, weapons are used in such fighting, and if the killers are not identified, blood wit for deliberate killing shall be taken from the second party, because the use of weapons is invariably to kill. And if the killer is identified, then retribution would be taken. Likewise, if one man's intention is only to kill another man, then in every circumstance, retribution would be taken from him, irrespective of whether he makes use of firearms, a stone, a stick, a hammer, etc., as is separately mentioned in this narration.
2. 'The curse', because becoming an open obstacle in the way of the rule of the Divine law is synonymous with declaring open war against Allâh and His Messenger ﷺ.
