45/27, 28: Chapter
Sunan an-Nasai 4781 — Qisas, Diyah, and Fair Payment
Interpreting The Saying Of Allah, The Mighty And Sublime: "But If The Killer Is Forgiven By The Brother (Or The Relatives) Of The Killed Against Blood Money, Then Adhering To It With Fairness And Payment Of The Blood Money To The Heir Should Be Made In Fairness"
Hadith About Qisas and Diyah in Islam
Sunan an-Nasai : 4781
Sunan an-NasaiHadith Number 4781
قَالَ الْحَارِثُ بْنُ مِسْكِينٍ قِرَاءَةً عَلَيْهِ وَأَنَا أَسْمَعُ، عَنْ سُفْيَانَ، عَنْ عَمْرٍو، عَنْ مُجَاهِدٍ، عَنِ ابْنِ عَبَّاسٍ، قَالَ كَانَ فِي بَنِي إِسْرَائِيلَ الْقِصَاصُ وَلَمْ تَكُنْ فِيهِمُ الدِّيَةُ فَأَنْزَلَ اللَّهُ عَزَّ وَجَلَّ { كُتِبَ عَلَيْكُمُ الْقِصَاصُ فِي الْقَتْلَى الْحُرُّ بِالْحُرِّ وَالْعَبْدُ بِالْعَبْدِ وَالأُنْثَى بِالأُنْثَى } إِلَى قَوْلِهِ { فَمَنْ عُفِيَ لَهُ مِنْ أَخِيهِ شَىْءٌ فَاتِّبَاعٌ بِالْمَعْرُوفِ وَأَدَاءٌ إِلَيْهِ بِإِحْسَانٍ } فَالْعَفْوُ أَنْ يَقْبَلَ الدِّيَةَ فِي الْعَمْدِ وَاتِّبَاعٌ بِمَعْرُوفٍ يَقُولُ يَتَّبِعُ هَذَا بِالْمَعْرُوفِ وَأَدَاءٌ بِإِحْسَانٍ وَيُؤَدِّي هَذَا بِإِحْسَانٍ { ذَلِكَ تَخْفِيفٌ مِنْ رَبِّكُمْ وَرَحْمَةٌ } مِمَّا كُتِبَ عَلَى مَنْ كَانَ قَبْلَكُمْ إِنَّمَا هُوَ الْقِصَاصُ لَيْسَ الدِّيَةَ .
Ibn 'Abbas Narrated from:
There was Qisas among the Children of Israel, but Diyah was unknown among them. Then Allah, the Mighty and Sublime, revealed: Al-Qisas (the law of equality in punishment) is prescribed for your in case of murder: the free for the free, the slave for the slave, and the female for the female." Up to His saying: "But if the killer is forgiven by the brother 9or the relatives) of the killed against blood money, then adhering to it with fairness and payment of the blood money to the heir should be made in fairness."[2]Forgiveness means accepting the Diyah in the case of deliberate killing. Adhering to it in fairness means asking him to pay the Diyah in a fair manner, and payment in fairness means giving the Diyah in a fair manner. This is and alleviation and a mercy from you Lord,[1] means: This is easier than that which was prescribed for those who came before you, which was Qisas and not Diyah."
[1] Al-Baqarah 2:178.[2] Al-Baqarah 2:178.[1] Al-Baqarah 2:178.Reference : Sunan an-Nasa'i 4781In-book reference : Book 45, Hadith 76English translation : Vol. 5, Book 45, Hadith 4785
Summary of Sunan an-Nasai Hadith 4781
This Hadith about Qisas and Diyah explains the meaning of the Qur'anic ruling mentioned by Ibn Abbas. He says that among the Children of Israel there was Qisas, while Diyah was not known among them. Then Allah revealed the ruling that includes Qisas and also the option of forgiveness through accepting Diyah in deliberate killing. The Hadith explains that forgiveness means accepting blood money. It also explains fairness from both sides: the family should ask for payment in a fair way, and the one who pays should give it in a fair way. The main lesson is that justice is not only about punishment. It can also include mercy, agreement, and fair handling of a painful case.
What we learn from this hadith
- Qisas is named as a prescribed ruling in cases of murder.
- Forgiveness in this text means accepting Diyah in deliberate killing.
- The demand for Diyah should be made with fairness.
- The payment of Diyah should also be made with fairness.
