punishments

[aless]

:salam2: dear brothers and sisters,

I came across these two hadith, which are used extensively to prove violent ideology in Islam, denial of fair trial and the absence of "freedom of speech"

I would be greatful, may Allah reward you for this, if you could reply to me with links to explanations from respected scholars and insh'Allah any explanation you find that you believe to be Islamically correct.

Narrated Abdullah Ibn Abbas: A blind man had a slave-mother who used to abuse the Prophet (peace_be_upon_him) and disparage him. He forbade her but she did not stop. He rebuked her but she did not give up her habit. One night she began to slander the Prophet (peace_be_upon_him) and abuse him. So he took a dagger, placed it on her belly, pressed it, and killed her. A child who came between her legs was smeared with the blood that was there. When the morning came, the Prophet (peace_be_upon_him) was informed about it. He assembled the people and said: I adjure by Allah the man who has done this action and I adjure him by my right to him that he should stand up. Jumping over the necks of the people and trembling the man stood up. He sat before the Prophet (peace_be_upon_him) and said: Apostle of Allah! I am her master; she used to abuse you and disparage you. I forbade her, but she did not stop, and I rebuked her, but she did not abandon her habit. I have two sons like pearls from her, and she was my companion. Last night she began to abuse and disparage you. So I took a dagger, put it on her belly and pressed it till I killed her. Thereupon the Prophet (peace_be_upon_him) said: Oh be witness, no retaliation is payable for her blood. Sunan Abu Dawud the Hadith book 38 'Prescribed Punishments (Kitab Al-Hudud)' #4348

Narrated Ali ibn AbuTalib: A Jewess used to abuse the Prophet (peace_be_upon_him) and disparage him. A man strangled her till she died. The Apostle of Allah (peace_be_upon_him) declared that no recompense was payable for her blood.
Sunan Abu Dawud the Hadith book 38 'Prescribed Punishments (Kitab Al-Hudud)' #4349


jazakallah khair

 

[muslimda3ee]

:salam2:

I would look to the isnad of these hadith and see what the scholars say about them. Sometimes it is not what is implied when translated too.

I don't trust too many hadith without Arabic, Allah ya3lam who translated them.

 

[aless]

:salam2:

I would look to the isnad of these hadith and see what the scholars say about them. Sometimes it is not what is implied when translated too.

I don't trust too many hadith without Arabic, Allah ya3lam who translated them.

:salam2:

thats how it is translated everywhere, and I dont speak arabic
thats exactly why I posted it as I don't know where to go to look at what the scholars say about it

thank you for you help

 

[massi]

:salam2:

thats how it is translated everywhere, and I dont speak arabic
thats exactly why I posted it as I don't know where to go to look at the isnad

thank you for you help

َََAssalam Alaikom
the hadith is true , and the blind has made the right thing to kill her because she insulte the prophet peace be upon him,and it's the case that the judgment can order the death penalty ...!!
but there is not any child between them anyway !!
look for more details and good answers from our brothers and sisters

 

[muslimda3ee]

:salam2:

Sahih Bukhari
Volume 6 Number 25

Narrated Ibn Abbas


The law of Qisas (i.e. equality in punishment) was prescribed for the children of Israel, but the Diya (i.e. blood money was not ordained for them). So Allah said to this Nation (i.e. Muslims):

"O you who believe! The law of Al-Qisas (i.e. equality in punishment) is prescribed for you in cases of murder: The free for the free, the slave for the slave, and the female for the female. But if the relatives (or one of them) of the killed (person) forgive their brother (i.e. the killer) something of Qisas (i.e. not to kill the killer by accepting blood money in the case of intentional murder)--then the relatives (of the killed person) should demand blood-money in a reasonable manner and the killer must pay with handsome gratitude. This is an allevitation and a Mercy from your Lord, (in comparison to what was prescribed for the nations before you).

So after this, whoever transgresses the limits (i.e. to kill the killer after taking the blood-money) shall have a painful torment." (2.178)

Sahih Bukhari
Volume 9 Number 20

Narrated Ibn Abbas


For the children of Israel the punishment for crime was Al-Qisas only (i.e., the law of equality in punishment) and the payment of Blood money was not permitted as an alternate. But Allah said to this nation (Muslims): "O you who believe! Qisas is prescribed for you in case of murder...(up to)...end of the Verse." (2.178)

Ibn 'Abbas added: Remission (forgiveness) in this Verse, means to accept the Blood-money in an intentional murder. Ibn 'Abbas added: The Verse: "Then the relatives should demand Blood-money in a reasonable manner." (2.178) means that the demand should be reasonable and it is to be compensated with handsome gratitude.


Surat Al-Bagara (2) ayah 178:

[pickthall] O ye who believe! Retaliation is prescribed for you in the matter of the murdered; the freeman for the freeman, and the slave for the slave, and the female for the female. And for him who is forgiven somewhat by his (injured) brother, prosecution according to usage and payment unto him in kindness. This is an alleviation and a mercy from your Lord. He who transgresseth after this will have a painful doom.


Surat Maida (5) ayah 32:

[pickthall] For that cause We decreed for the Children of Israel that whosoever killeth a human being for other than manslaughter or corruption in the earth, it shall be as if he had killed all mankind, and whoso saveth the life of one, it shall be as if he had saved the life of all mankind. Our messengers came unto them of old with clear proofs (of Allah's Sovereignty), but afterwards lo! many of them became prodigals in the earth.


As you can see by what I have posted you need a sheik to answer this question of yours. I don't know of any explanation, online about those hadith in sunan abu-dawood. The 2 hadiths I gave you translations are from sahih Bukhari, so they have more likely sahih. A (scholar) would be able to give this type of information about hadith. The other area is fiqh(jerispudance).