Book 28: The Book Of Oaths Muharibin Qasas Retaliation And Diyat Blood Money
Overview
Sahih Muslim Book 28 serves as a foundational text for Islamic criminal jurisprudence, detailing the Prophet Muhammad's rulings on homicide, bodily injury, and apostasy. The text begins by establishing the pre-Islamic practice of 'Qasama' (collective oaths), where fifty oaths are required from a community to either claim blood money or exonerate themselves when a murder occurs without direct witnesses. Notably, when a Muslim is found dead in the Jewish settlement of Khaibar, Muhammad offers to let the Jews swear fifty oaths to clear themselves, but ultimately pays the blood money (100 camels) from state funds to prevent conflict. The text then transitions to severe penal codes, recounting the brutal execution of the 'Ukl/'Uraina tribesmen who apostatized, murdered a shepherd, and stole camels; their hands and feet were amputated, their eyes gouged out, and they were left to die of thirst. The text strictly limits the lawful shedding of a Muslim's blood to three offenses: adultery by a married person, murder (life for life), and apostasy (deserting the religion). Furthermore, it establishes the law of Qisas (equal retaliation), demonstrating it through the execution of a Jew who crushed a girl's head with stones, and the ruling that biting someone in a fight forfeits one's right to compensation if their teeth are pulled out. Finally, the text addresses the sanctity of life, including the unborn, mandating that the penalty for causing a miscarriage is the payment of a high-quality slave, firmly establishing the financial liability of the offender's paternal relatives.
Key Figures
- Prophet Muhammad: The supreme judicial and spiritual authority whose rulings establish binding Islamic law.
- Sahl b. Abu Hathma / Muhayyisa / Huwayyisa: Companions involved in the Khaibar murder dispute, establishing the laws of Qasama (oaths) and seniority in speech.
- Anas b. Malik: Prominent narrator who recounts the severe punishment of the 'Ukl/'Uraina apostates and the Jewish murderer.
- Abdullah b. Mas'ud: Narrator who transmits the three conditions under which a Muslim's blood may be lawfully shed, including apostasy.
- Abu Bakra: Narrator of the Farewell Address emphasizing the sacredness of Muslim blood, property, and honor.
- The First Son of Adam (Cain): Theologically identified as bearing a share of the guilt for every unjust murder committed in history.
Doctrines Analyzed
Key theological claims identified in this text:
Lawful Shedding of Muslim Blood (Capital Punishment & Apostasy)
Assertion
The blood of a Muslim can only be lawfully shed for three reasons: murder, adultery by a married person, and apostasy (abandoning Islam).
Evidence from Text
The blood of a Muslim who bears the testimony that there is no god but Allah, and I am His Messenger, may be lawfully shed only in case of three persons: the one who abandons Islam, and deserts the community... and the married adulterer, and life for life.
Evangelical Comparison
In this text, apostasy ('the deserter of his Din') is a capital offense punishable by death. This intertwines the religious community with the state, making theological defection an act of treason. The physical execution of those who abandon the faith is presented as a divine mandate delivered by Muhammad. Evangelical Christianity, based on the New Covenant, draws a sharp distinction between the Kingdom of God and earthly governments (John 18:36). While the Old Testament mandated death for idolatry within the theocratic nation of Israel, the New Testament church exercises discipline through excommunication (1 Corinthians 5:1-5, Titus 3:10), not execution. The Gospel is advanced by persuasion and the Holy Spirit, and individuals are free to accept or reject it without fear of state-sanctioned violence. The Islamic doctrine of executing apostates fundamentally violates the evangelical understanding of religious freedom and the nature of true, uncoerced faith.
Qisas (Equal Retaliation) and Mutilation
Assertion
Physical injuries and murders are punished by inflicting the exact same injury or death upon the perpetrator, including brutal methods if used by the offender.
Evidence from Text
He asked for the third time, and she said: Yes with the nod of her head and Allah's Messenger commanded to crush his head between two stones... He commanded about them, and (thus) their hands and feet were cut off and their eyes were gouged and then they were thrown in the sun, until they died.
Evangelical Comparison
The text demonstrates a strict, literal application of Lex Talionis (law of retaliation). If a murderer crushes a victim's head with stones, the state crushes the murderer's head with stones. In the case of the 'Ukl/'Uraina tribesmen who murdered and apostatized, the punishment involves severe mutilation: amputating limbs, gouging out eyes, and leaving them to die of thirst in the sun. Evangelical Christianity recognizes the Old Testament principle of 'an eye for an eye' (Exodus 21:24) as a legal boundary meant to limit vengeance to proportional justice, preventing escalating blood feuds. However, Jesus Christ explicitly addresses this in the Sermon on the Mount (Matthew 5:38-39), calling believers to forgo personal retaliation. Furthermore, from a judicial standpoint, Christian ethics historically advocate for justice that respects the Imago Dei (Image of God) in humanity, rejecting torturous mutilation (like eye-gouging) as cruel and incompatible with the dignity God bestows even upon the guilty.
Diyat (Blood Money) and Financial Ransom for Life
Assertion
The family of a murder victim or an injured person can accept financial compensation (camels, slaves, or wealth) in lieu of executing or injuring the perpetrator.
Evidence from Text
Allah's Messenger, however, himself paid the blood-wit to them and sent to them one hundred camels... he gave judgment that the diyat (indemnity) of her unborn child is a male or a female slave of the best quality.
Evangelical Comparison
In Islamic jurisprudence, murder and manslaughter can be resolved through Diyat (blood money). If the victim's family agrees, the perpetrator (or their paternal tribe) can pay a set amount of wealth (e.g., 100 camels) to avoid execution. This system extends to the unborn, where causing a miscarriage requires the payment of a high-quality slave. Evangelical Christianity, looking to the moral law of the Old Testament, sees a stark contrast. Numbers 35:31 explicitly commands: 'Moreover, you shall accept no ransom for the life of a murderer, who is guilty of death, but he shall be put to death.' Biblical justice views intentional murder as a crime against God (who made man in His image) that pollutes the land, and it cannot be financially compensated. The Islamic system of Diyat effectively allows the wealthy to buy their way out of capital crimes, which conflicts with the biblical standard of impartial justice where the rich and poor are held to the exact same standard.
Transmitted Guilt of the First Murder
Assertion
The first son of Adam (Cain) bears a portion of the spiritual guilt for every unjust murder committed throughout human history because he introduced the act of killing.
Evidence from Text
No person who is killed unjustly, but the share of (this offence of his also) falls upon the first son of Adam, for he was the first to introduce killing.
Evangelical Comparison
This Hadith introduces a unique concept of transmitted guilt: the originator of an evil practice (in this case, Cain, the first son of Adam) perpetually accrues a share of the sin every time that specific evil is replicated by others throughout history. Evangelical theology holds to Original Sin, where Adam's rebellion brought a sin nature and death to all humanity (Romans 5:12). However, regarding individual acts of sin, the Bible is clear on personal accountability. Ezekiel 18:20 states, 'The soul who sins shall die. The son shall not suffer for the iniquity of the father, nor the father suffer for the iniquity of the son.' While Cain is condemned for murdering Abel (1 John 3:12), biblical theology does not teach that Cain bears the spiritual guilt for every subsequent murder. Each murderer is fully and solely responsible before God for their own actions.
Comparative Analysis
Theological Gap (Summary)
The text relies on a system of works-righteousness, retributive mutilation, and financial ransom for sin, fundamentally opposing the Christian doctrines of grace, penal substitutionary atonement, and New Covenant ethics.
Theological Gap (Explained)
The theological gap between this Hadith and Evangelical Christianity is profound, centering on the nature of justice, atonement, and religious liberty. In Islamic jurisprudence as presented here, justice is highly transactional and horizontal. Sins like murder or bodily harm can be atoned for through 'Diyat' (blood money)—a financial transaction between the offender and the victim's family. If the family accepts the wealth, the offender's life is spared. This creates a system where the wealthy can effectively purchase immunity from capital punishment. Furthermore, the text mandates brutal physical mutilation (gouging eyes, amputating limbs) for treason and apostasy, intertwining the spiritual community with a violent state apparatus. Evangelical Christianity operates on a fundamentally different paradigm. According to biblical law, intentional murder is a crime against the Image of God and cannot be ransomed with money (Numbers 35:31); it demands absolute justice. However, the Gospel declares that this absolute justice was satisfied vertically by Jesus Christ on the cross (Romans 3:25-26). Christ is the ultimate and final 'blood-wit' who pays the debt humanity could never pay. Consequently, salvation is by grace through faith (Sola Fide), not by balancing legal scales or paying earthly indemnities. Additionally, New Covenant ethics reject the execution of apostates, recognizing that Christ's Kingdom is not of this world (John 18:36) and that faith must be a voluntary response to the Holy Spirit, not a coerced submission under threat of the sword.
For All Ages
Imagine you broke a very expensive window. In this text, the rule is that you either have to pay a lot of money to the owner, or the owner gets to break your window in return. If you pay the money, everything is fine. It also says that if someone decides they don't want to be in the religion anymore, they must be put to death. Christianity is very different. The Bible says that our sins are like a debt we can never, ever pay back, no matter how much money or camels we have. Instead of making us pay, Jesus took the punishment for us on the cross. Because He paid the price, we are forgiven for free if we trust Him. Also, Jesus taught us to love our enemies, not to torture them or hurt them back, and He said people should be free to choose to follow Him without being forced or threatened with death.
Friction Points
Religious Liberty / Nature of the Church
The text mandates the physical execution of those who abandon the Islamic faith.
Sola Scriptura
The text elevates the oral traditions and judicial rulings of Muhammad to the level of infallible, binding divine law.
New Covenant Ethics
The text commands torturous mutilation (gouging eyes, cutting off hands/feet) and strict Lex Talionis, contradicting Christ's commands in Matthew 5.
Impartiality of Justice
Allowing financial ransom (blood money) for murder violates the biblical command against ransoming a murderer's life (Num 35:31) and favors the wealthy.
Personal Accountability / Original Sin
The text claims Cain bears a share of the guilt for every subsequent murder, contradicting Ezekiel 18:20.
Semantic Warnings
Terms that have different meanings between traditions:
"Apostate / Deserter of Din"
In This Text
A criminal who has committed a capital offense against the state and religion, punishable by physical execution.
In Evangelicalism
Someone who abandons the Christian faith, resulting in spiritual separation and church discipline (excommunication), but not physical harm or death.
"Ransom / Blood-wit (Diyat)"
In This Text
A financial payment (camels, slaves, money) given to a victim's family to avoid physical retaliation or execution.
In Evangelicalism
The ultimate price paid by Jesus Christ (His own life and blood) to redeem humanity from the curse of sin and death.
Soteriology (Salvation)
Salvation Defined: Escaping the fire of hell and attaining Paradise through submission to Allah and His Messenger.
How Attained: By adhering to Islamic law, avoiding major sins (like unjust murder or apostasy), and balancing one's deeds. If one commits a crime, salvation/forgiveness can sometimes be attained horizontally by paying blood money or suffering the earthly punishment.
Basis of Assurance: Assurance is low, based on the continuous performance of obedience and the hope that one's good deeds outweigh the bad, or that earthly punishments expiate the sin.
Comparison to Sola Fide: This text is entirely antithetical to Sola Fide. It presents a rigid legal system where sins are weighed, paid for with camels/slaves, or punished with physical mutilation. In contrast, Romans 3:24-25 teaches that believers are 'justified by his grace as a gift, through the redemption that is in Christ Jesus, whom God put forward as a propitiation by his blood, to be received by faith.'
Mandates & Requirements
Explicit Commands
- The eldest one (eldest in regard to age should speak).
- Are you prepared to take fifty oaths so that you may be entitled (to blood-wit)?
- Show regard for the greatness of the old.
- Let fifty (persons) among you take oath for levelling the charge.
- They should either pay blood-wit for your companion, or be prepared for war.
- Go to the camels of Sadaqa and drink their milk and urine.
- Crush his head between two stones.
- Retribution, retribution.
- Do not turn after me unbelievers (or misguided), some of you striking the necks of the others.
- Let him who is present convey to him who is absent.
- Take away your man.
- Don't you like that he should take upon him (the burden) of your sin and the sin of your companion?
Implicit Obligations
- Absolute submission to the judicial and penal rulings of the Prophet Muhammad.
- Acceptance of the Prophet's authority to modify or retain pre-Islamic customs (like Qasama).
- The obligation of the paternal relatives (tribe/family) to bear the financial burden of blood money for a family member's crime.
Ritual Requirements
- Swearing fifty oaths by Allah to establish guilt or innocence in the absence of witnesses (Qasama).
- Slaughtering rams and goats on the Day of Sacrifice (10th of Dhu'l-Hijja).
Evangelism Toolkit
Practical tools for engagement and dialogue:
Discovery Questions
Open-ended questions to promote reflection:
- In the story where the Prophet pays the 100 camels himself to settle the dispute, why do you think he did that? What does it say about our inability to pay the true cost of justice?
- If a wealthy person can pay blood money to escape punishment for murder, but a poor person cannot, how does that reflect God's perfect, impartial justice?
- The text says the killer and the killed are doomed to the fire unless pardoned. How can anyone have true peace or assurance of salvation if it depends on human pardons or perfectly balancing our deeds?
- Jesus taught us to love our enemies and pray for those who persecute us. How does this compare to the punishment of gouging out eyes and cutting off hands?
Redemptive Analogies
Bridges from this text to the Gospel:
The Judge Paying the Ransom Himself
This is a profound shadow of the Gospel. When humanity stood guilty and unable to pay the debt of sin, and when God's justice demanded a penalty, God the Judge stepped down and paid the ransom Himself. Jesus Christ is the ultimate 'blood-wit' paid by God to satisfy divine justice and bring peace.
The Burden of Another's Sin
The concept of one person bearing the burden of sin is central to Christianity. However, instead of a guilty murderer bearing our sins to hell, the sinless Son of God bore our sins on the cross so we could go to heaven.
Spiritual Weight
Burdens this text places on adherents:
The believer is bound to a rigid, complex system of laws, oaths, and indemnities. Spiritual standing is heavily tied to outward compliance with these judicial decrees, creating a burden of constant performance and fear of stepping out of line.
The explicit command to execute anyone who leaves the faith creates an environment of profound fear. Adherents may remain in the religion not out of love for God, but out of terror of physical death and social destruction.
The law of Diyat places the financial burden of a crime on the offender's paternal relatives. A believer can be financially ruined or held responsible for the violent actions of a distant cousin, creating intense communal pressure and anxiety.