CHAPTER: Diyah For A Mistaken Killing That Appears Purposeful.
Narrated Abdullah ibn Amr: (Musaddad's version has): The Messenger of Allah صلی اللہ علیہ وسلم made a speech on the day of the conquest of Makkah, and said: Allah is Most Great, three times. He then said: There is no god but Allah alone: He fulfilled His promise, helped His servant, and alone defeated the companies. (The narrator said: ) I have remembered from Musaddad up to this. Then the agreed version has: Take note! All the merits mentioned in pre-Islamic times, and the claim made for blood or property are under my feet, except the supply of water to the pilgrims and the custody of the Kabah. He then said: The blood-money for unintentional murder which appears intentional, such as is done with a whip and a stick, is one hundred camels, forty of which are pregnant. Musaddad's version is more accurate.
The tradition mentioned above has also been transmitted by Khalid through the same chain of narrators to the same effect.
The tradition mentioned above has also been transmitted by Ibn Umar from the Prophet صلی اللہ علیہ وسلم to the same effect. This version has: The Messenger of Allah صلی اللہ علیہ وسلم addressed on the day of Conquest, or he said: On the conquest of Makkah on the ladder of the House or of the Kabah. Abu Dawud said: In a similar way of Ibn Uyainah also transmitted it from Ali bin Zaid, from al-Qasim bin Rabiah, from Ibn Umar, from the Prophet صلی اللہ علیہ وسلم ; and Ayyub al-Sukhtiyani transmitted it from al-Qasim bin Rabiah from Abdullah bin Amr like the tradition of Khalid. Hammad bin Salamah also transmitted it from Ali bin Zaid, from Ya'qub al-Sadusi, on the authority of Abdullah bin Amr from the Prophet صلی اللہ علیہ وسلم. The statements of Zaid and of Abu Musa are similar to the tradition of the Prophet صلی اللہ علیہ وسلم and to the tradition of Umar (Allah be pleased with him. )
Narrated Mujahid: Umar gave judgement that bloodwit for quasi-intentional murder should be thirty she-camels in their fourth year, thirty she-camels in their fifth year, and forty pregnant she-camels in their sixth year up to the ninth
Narrated Abdullah (bin Masud): The bloodwit for unintentional murder which resembles intentional is twenty-five she camels which entered their fourth year, twenty five she-camels which had entered their fifth year, twenty five she-camels which had entered their third year, and twenty five camels which had entered their second year.
Narrated Ali: The bloodwit for unintentional murder is in four parts: twenty five she-camels in their fourth year, twenty five she-camels in their fifth year, twenty five she-camels in their third year, and twenty twenty five she-camels in their second year.
Narrated Uthman bin Affan and Zaid bin Thabit: The bloodwit for what resembled intentional murder should be forty pregnant she-camels in their fifth year, thirty she-camels in their fourth year, and thirty she-camels in their third year. The bloodwit for unintentional murder is thirty she-camels in their fourth year, thirty she-camels in their third year, and twenty she-camels in their second year.
Narrated Zaid bin Thabit: About the bloodwit for quasi-intentional murder. . . . . He then mentioned a similar tradition as mentioned above.
Narrated Abu Dawud: Abu Dawud and others have said: When a she-camel enters fourth year, the female is called hiqqah, and the male is called hiqq, for it deserves that it should be loaded and ridden. When a camel enters its fifth year, the male is called Jadha' and the female is called Jadha'ah. When it enters its sixth year, and sheds its front teeth, it is called thani (male) and thaniyyah (female). When it enters its seventh year, it is called raba' and raba'iyyah. When it enters its ninth year and cuts its canine teeth, it is called bazil. When it enters its tenth year, it is called mukhlif. Then there is no name for it, but is called bazil'am and bazil'amain, and mukhlif'am and mukhlif'amain, upto any year it increases. Nad d. Shumail said: Bint makhad is a she-camel of one year, and bin labun is s she-camel of two years, hiqqah is a she-camel of three years, jadha'ah is a she-camel of four years, thani is a camel of five years, raba' is a camel of six years, sadis is a camel of seven years, and bazil is a camel of eight years. Abu Dawud said: Abu Hatim and al-Asmai said: Al-Jadhu'ah is a time when no tooth is growing. Abu Hatim said: Some of them said: When it sheds its teeth between front and canine teeth, it is called raba' and when it sheds its front teeth, it is called thani. Abu Ubaid said: When it becomes pregnant, it is called khalifah, and it remains khalifah for ten months; when it reaches ten months, it is called 'ushara', Abu Hatim said: When it shed its front teeth, it is called thani and when it sheds its teeth between front and canine teeth it is called raba'.
