Islamic Rulings on Retaliation and Punishment: Lessons from the Hadith

What Has Come Concerning Book of Legal Punishments: The Story of Abu Jahm and the ‘Arnee’een

What has come concerning book of legal punishments, 31st Lesson | Benefits from Muntaqaa Ibn Al-Jarood

بسم الله الرحمن الرحيم

By Shaykh, the ‘Allaamah, the Sincere Advisor, Abu ‘Abdirrahman Yahya bin ‘Ali Al-Hajoori – may Allaah preserve him –

845 – Muhammad bin Yahya narrated to us, he said ‘Abdurazaaq informed us, he said Ma’ mar informed us, on the authority of Az-Zuhri, on the authority of ‘Urwah, on the authority of Aa’ishah, may Allaah be pleased with her, that the Prophet ﷺ sent Abaa Jahm bin Hudhaifah to collect Sadaqah. A man disputed with him concerning his Sadaqah, and Abu Jahm struck him and wounded his head. They came to Prophet ﷺ and said: “Compensatory money, O Messenger of Allah ﷺ!” The Prophet ﷺ said: “You will have such and such,” but they did not accept that. He said: “You will have such and such,” and they agreed. Then the Prophet ﷺ said: “I am going to address the people and tell them that you agreed.” They said: “Yes.” So the Prophet ﷺ addressed (the people) and said: “These people of Laith came to me seeking compensatory money, and I have offered them such and such. Are you pleased?” They said: “No.” The Muhaajiroon wanted to attack them, but the Prophet ﷺ told them not to, so they refrained. Then he called them and offered them more and said: “Are you pleased?” They said: “Yes.” He said: “I am going to address the people and tell them that you are pleased (with this).” They said: “Yes.” So the Prophet ﷺ addressed (the people) then said: “Are you pleased?” They said: “Yes.”

The chain of the hadith is authentic; its men are trustworthy.

The content of this previous hadith

That the Prophet ﷺ intercede on behalf of Abee Jahm to give his compensation money as opposed to leaving that for which is less than the law of retribution *and this is less than the legal punishments* and verily it is a head wound and the retaliation for a head wound is arish (a fine for penalties which are less than the law of retaliation), and the Prophet ﷺ admonished interceding concerning legal punishments after it reaching the ruler so he said to Usaamah “Are you interceding in a legal punishment from Allaah” – as for before it reaching the ruler then it is allowed if both parties are content, and the point of reference and benefit is that it was not a legal punishment.

Explanation of the hadith📚

Abu Jahm They differed concerning his name, it is said his name is ‘Aamir and it is said ‘Ubaid bin Hudhaifah and he is from Quraish and Adiyy subclan, he became Muslims in the year of the conquest and he was venerated amongst his people and he is the one who used to beat the women. And the likes of this is undesirable from the angle of harmony in a relationship, and the Prophet ﷺ used to love him and despite that the Prophet ﷺ advised *Faatimah bint Qais* and clarified to her that he beats women and he said to her marry ‘Usaamah, so Usaamah married her and she became content with him.

And Abu Jahm was amongst those who became governors.

📚Explanation of the hadith📚

Al-Musaddiq with fatha on the Saad and kasrah on the daal with the shaddah is the worker who gathers the sadaqah.

Al-Mussaddiq with shaddah on the Saad he is the one giving the sadaqah and it is possible that they can be used for one another but this is more common.

Falaajjah it is the disputant who is persistent in their dispute *and in another copy Falaahah* from Al-Mullaahah and ongoing speech.

Al-Jaraahah in the head is a Shajjah (head wound) and this is the default meaning with the fuqahaa

And the one who was afflicted by the head wound was a man from the tribe Bani Laith

And what is correct is that the Shajjah has no law of retaliation because it has no guidelines and verily it is countered by arish and they used as proof this hadith.

And in it is accepting the excuse of the ignorant for indeed the Prophet ﷺ gave excuse to those laithiyeen for their lying to the Messenger of Allaah that they were pleased otherwise lying on the Messenger of Allaah ﷺ if the proof was established on a person is considered disbelief.

And in it is that the ruler can intercede and reconcile from the angle of;

(وَافْعَلُوا الْخَيْرَ لَعَلَّكُمْ تُفْلِحُونَ)

“and do good so that you may be successful.”

and

(وَالصُّلْحُ خَيْر)

“and making peace is better.”

And in it is that the people of high position and status mistakes can be pointed out, for Abu Jahm was a person of status.

And in it is that a congregational sermon for the announcement of an great matter and big reconsiliation between the people

And in it is that a reconciliation is not restricted by a specific amount of wealth* it is allowed to increase the blood money given to the family of the killed two folds or more in order that they pardon from implementing the law of retaliation *because this is (still) reconciling

⬇️___📚____📚____📚____⬇️

The hadith which is to come is the hadith of Anas concerning the ‘Arnee’een and in it is the story of those who reject good treatment and the recompense for those that wage war.

And rejecting good treatment is a bad trait in a person due to the statement of the Prophet ﷺ whoever does good to you then return it….

Muhammad bin Yahya narrated to us, he said ‘Abdurazaaq narrated to us, he said Ma’mar informed us, on the authority of Qataadah, on the authority of Anas, may Allaah be pleased with him, that some people  from the tribe of ‘Ukl and ‘Uraina arrived at Medina to meet the Prophet ﷺ and spoke with Islam and said, “O Allah’s Prophet! We are the owners of milch livestock (i.e. bedouins) and not farmers (i.e. countrymen).” They found the climate of Medina unsuitable for them. So Allah’s Messenger ﷺ ordered that they should be provided with some milch camels and a shepherd and ordered them to go out of Medina and to drink the camels’ milk and urine (as medicine) So they set out and when they reached Al-Harrah, they disbelieved after embracing Islam, and killed the shepherd of the Prophet ﷺ and drove away the camels. When this news reached the Prophet ﷺ, he sent some people in pursuit of them. So they were caught and brought back to the Prophet ﷺ. The Prophet ﷺ gave his orders in their concern. So their eyes were branded with pieces of iron and their hands and legs were cut off and they were left away in Harrah nibbling at its rocks till they died.

Qataadah said: So it reached us that this verse was revealed concerning them;

(إِنَّمَا جَزَاءُ الَّذِينَ يُحَارِبُونَ اللَّهَ وَرَسُولَهُ)

“Verily the recompense of those who wage war against Allah and His Messenger.”

The chain of the hadith is authentic and it is in Bukhari and Muslim.

📚Explanation of hadith📚

There gathered within these Arnee’een three components that led to their being killed:

  • That they killed the shepherd.
  • They apostates from Islam.
  • They waged war against Allaah ﷻ and His Messenger ﷺ and sewed corruption in the land.

Benefit📚

It has come in the Sahih that their number was eight

His statement They spoke with Islam is an indication that their Islam was weak and it didn’t become firm in their hearts and that they embraced Islam and then apostated.

Benefit📚

(‘Ukl and ‘Urainah) are two different tribes, ‘Ukl is from (Qahtaan) and ‘Urainah is from (‘Adnaan)

(The sickness which they were inflicted by) it is called Al-Jawaa and it is a sickness which is in the chest, which led them to be inflicted with fever.

Adh-Dhood: Is from two to nine, this is the statement of the majority.

It is said that from these camels is that which belongs to the Prophet ﷺ and that which belong to the Muslim treasury.

Al-Harrah: A land with black rocks as if it was burned by fire.

Their eyes were branded: Chisels of iron were heated then they were branded with them.

The point of benefit is that the Prophet ﷺ dealt with them according to their own actions (retaliation of the likes).

And Allaah knows best and is the granter of success.

Transcribed to Arabic and summarised by:

Hamood Ath-Thawaabi

may Allah reward him with good

on the 9th, Dhul-Qa’dah, 1439H

Translated by:

Abu ‘Abdillah ‘Omar bin Yahya Al-‘Akawi

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