Itihaf ul-Basim Fi Tahqiq Muwatta al-Imam Malik [Talkhis al-Qabisi] Riwayah Abdur Rahman ibn al-Qasim
Tahqiq, Takhrij, Sharh
Muhadith Zubair Ali Zai
Translated Abu Ubaydah
Translated, Checked & Additional Notes
Abu Hibban & Abu Khuzaimah Ansari
If the Affair of the One Accused of Killing is Unclear, Who Should Issue the Blood Money?
 Malik from Abu Layla ibn Abdullah ibn Abd ar-Rahman ibn Sahl from Sahl ibn Abi Hathma that some of the great men of his people informed him that Abdullah ibn Sahl and Muhayyisa went out to Khaybar because extreme poverty had overtaken them. Muhayyisa returned and said that Abdullah ibn Sahl had been killed and thrown in a shallow well or spring. The jews came and he said, “By Allah! You have killed him.” They said, “By Allah! We have not killed him!” Then he made for his people and mentioned that to them. Then he, his brother Huwayyisa, who was older than him, and Abd ar-Rahman, set out. Muhayyisa began to speak, as he had been at Khaybar. The Messenger of Allah, may Allah bless him and grant him peace, said to him, “The greater first, the greater first,” meaning in age. So Huwayyisa spoke and then Muhayyisa spoke. The Messenger of Allah, may Allah bless him and grant him peace, said, “Either they pay your companion’s blood-money or we will declare war against them.” The Messenger of Allah, may Allah bless him and grant him peace, wrote that to them and they wrote, “By Allah, we did not kill him!” The Messenger of Allah, may Allah bless him and grant him peace, said to Huwayyisa, Muhayyisa, and Abd ar-Rahman, “Do you swear and claim the blood of your companion?” They said, “No.” He said, “Shall the jews swear to you?” They said, “But they are not muslims.” The Messenger of Allah, may Allah bless him and grant him peace, gave blood-money from his own property, and sent them one hundred camels to their house. Sahl added, “A red camel among them kicked me.”
[GRADING] – [SAHIH]
Agreed Upon, al-Muwatta (Yahya’s narration (2/877-878 hadith no.1696, book 44, chapter 1, hadeeth no.1) at-Tamhid (24/150-151) and al-Istidhkar (no.1725)
Transmitted by Bukhari (7192), Muslim (6/1669) from the hadith of Malik and in the transmission of Yahya bin Yaha it says “Wa Rijalun”
[UNDERSTANDING FROM THE HADEETH]
- From day one the yahud and all the Kuffar have been ardent enemies of the Muslims
- The Muslims were very poor at the advent of Islam and then Allah gave them wealth.
- A person can take an oath if he is very sure of something but the final decision can only be based on evidence and not on an oath except if an oath is requested
- One should honour the etiquette of a gathering, for example one should remain silent and listen to the older person or a scholar when they speak.
- The right to defend a Muslim is the right of the Islamic Government.
- You cannot issue an edict without witness or evidences if the accused denies the charges.
- An issue from the science of hadith is that for a narrator to be trustworthy he must be a Muslim. Thus, a kafir or mushrik cannot be upright and trustworthy. This hadith confirms this principle.
- If a killer is not apprehended, the family of the deceased are given blood money from the Governments treasury.
- If the kufar are treacherous or unjust or there is a doubt concerning this, then according to indicative factors an agreement can be abrogated.
- If the accused takes an oath and denies the allegation, he is free unless clear evidences are presented.