Fatwa: # 6491
Category: Hadith
Country: United Kingdom
Date: 9th September 2002

Title

Please confirm whether hadith (Abu Dawud Book 38, Number 4348) is authentic. If so please, explain the meaning behind it and why there was no punishment imposed on the man who murdered the woman.

Question

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 Book 38, Number 4348)

Answer

We confirm the authenticity of this narration.

The reason for which no punishment was imposed on the man who murdered the
women is that she had explicitly sworn Rasulullah (Sallallaahu Alayhi
Wasallam). Such a person is termed as 'Mubaah-ud-dam', i.e. if killed, there
can be no claim of retaliation. (See Badhlul Majhood vol.6 pg.125). There is
Ijmaa (consensus) on this ruling.

and Allah Ta'ala Knows Best

Moulana Muhammad ibn Moulana Haroon Abbassommar
FACULTY OF SPECIALTY IN HADITH

CHECKED AND APPROVED: Mufti Ebrahim Desai

DISCLAIMER - AskImam.org questions
AskImam.org answers issues pertaining to Shar'ah. Thereafter, these questions and answers are placed for public view on www.askimam.org for educational purposes. However, many of these answers are unique to a particular scenario and cannot be taken as a basis to establish a ruling in another situation or another environment. Askimam.org bears no responsibility with regards to these questions being used out of their intended context.
  • The Shar's ruling herein given is based specifically on the question posed and should be read in conjunction with the question.
  • AskImam.org bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.
  • This answer may not be used as evidence in any Court of Law without prior written consent of AskImam.org.
  • Any or all links provided in our emails, answers and articles are restricted to the specific material being cited. Such referencing should not be taken as an endorsement of other contents of that website.
The Messenger of Allah said, "When Allah wishes good for someone, He bestows upon him the understanding of Deen."
[Al-Bukhari and Muslim]