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Text and translation
English translation
1394. Anas narrated that a girl went out in Al-Madīnah wearing some silver ornaments. A Jew grabbed her and fractured her head with a stone, and he took the jewelry she had on. He said: "She was found with some spark of life in her, and was brought to the Prophet ﷺ and he said: 'Did such and such person strike you?' She nodded 'no' with her head. He said: 'Such and such?' until he named the Jew and she nodded 'yes' with her head." He said: "He was brought and recognized so the Messenger of Allāh ﷺ ordered that his head be crushed between two stones." (Ṣaḥīḥ)
[Abū 'Eisā said:] This Hadīth is Ḥasan Ṣaḥīḥ. This is acted upon according to some of the people of knowledge. It is the view of Ahmad and Ishāq. Some of the people of
knowledge said that there is no retaliation except with the sword.
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Commentary
In the view of most of the A'immah a murderer should be killed with the same weapon by which he killed. This is an accepted and correct view. According to Imām Abū Hanīfah, and the scholars of Al-Kūfah, killing in retaliation is only with a sword or anything which kills instantly. (Tuhfat Al-Ahwadhī v. 2, p. 305.307.)
