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Text and translation
English translation
1407. Abū Hurairah narrated: “A man was killed during the time of the Messenger of Allāh ﷺ, so the killer was brought to the man's guardian. The killer said: ‘O Messenger of Allāh! By Allāh! I did not mean to kill him. So the
Messenger of Allāh ﷺ said: 'Then if what he is saying is true, and you kill him, you would enter the Fire.' So he let the man go." He said: "His hands were bound behind him with a Nis'ah." He said: "So he left, dragging his Nis'ah." [He said:] "So he was called 'Dhan-Nis'ah'." (Saḥīh)
[Abū 'Eisā said:] This Hadīth is Ḥasan Saḥīh. [And An-Nis'ah is a rope.]
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Commentary
If someone is killed and the intention of the killer was not to kill him but just to punish him physically, then it will be considered a killing by mistake. In case of killing by mistake, the punishment of killing in retaliation is unlawful. In this case, the heir of the murdered let the killer go.
