Azami 6081

Malik narrated it (2/867) from Yahya bin Saeed, from Amr bin Shuayb, that a man from Banu Mudlij, called Qatada, struck his son with a sword, hitting his leg, and he bled from the wound and died. Suraqa bin Jusham came to Umar bin Khattab and mentioned this to him. Umar bin Khattab said, "Have one hundred and twenty camels ready for me at the water of Qudayd until I come to you." When Umar arrived, he took from those camels thirty three-year-old she-camels, thirty four-year-old she-camels, and forty pregnant she-camels. Then he said, "Where is the brother of the slain man?" He said, "Here I am." Umar said, "Take them, for the Messenger of Allah ﷺ said..." and he mentioned the hadith.Amr bin Shuayb did not meet Umar bin Khattab, so there is a break in this chain. But it has been reported with a connected chain through the route of Muhammad bin Ajlan, from Amr bin Shuayb, from his father, from Abdullah bin Amr bin As, who said, "I gave a slave girl as a gift to a man from Banu Mudlij, and he had a son by her, and he used to make use of her services. When the boy grew up, the father called her one day and said, 'Do such and such.' She said, 'I will not come to you.' The boy said, 'How long will you keep enslaving my mother?' The father became angry and struck him with his sword, hitting his leg. The boy bled and died.So he set off with a group of his people to Umar, who said, 'You enemy of your own soul, you are the one who killed your son. Had I not heard the Messenger of Allah ﷺ say, "A father is not killed in retaliation for his son," I would have killed you. Bring his blood money.'" He said, "So he brought him one hundred and twenty or one hundred and thirty camels." He said, "Umar selected a hundred of them and gave them to the boy's heirs, excluding his father."Ibn Jarud (788), Daraqutni (3/140), and Bayhaqi (38/8) all narrated it through the hadith of Muhammad bin Warah, meaning Muhammad bin Muslim, who said, "Muhammad bin Saeed narrated to us, Amr bin Abu Qays narrated to us, from Mansur, from Muhammad bin Ajlan, from Amr bin Shuayb," with his chain. The wording given is that of Ibn Jarud and Bayhaqi. As for Daraqutni, he abridged it to his saying, "A father is not killed in retaliation for his son." Its chain is hasan because of Amr bin Shuayb. Bayhaqi said in Marifah (12/40), "Its chain is sahih."I say, Muhammad bin Ajlan is truthful, and Hajjaj bin Artah corroborated him in his saying, "A father is not killed for his child."Tirmidhi (1400), Ibn Majah (2662), Ahmad (346), Bayhaqi and others all narrated it through the route of Hajjaj bin Artah, from Amr bin Shuayb, from his father, from his grandfather, who said, "A man killed his son intentionally, and the matter was brought before Umar bin Khattab, who imposed on him one hundred camels," up to where he said, "Had I not heard the Messenger of Allah ﷺ say, 'A father is not killed for his child,' I would have killed you."Hajjaj bin Artah is a mudallis, and he used the ambiguous form of narration here. He was also corroborated by Ibn Lahia, who said, "Amr bin Shuayb narrated to us, from his father, from his grandfather, from Umar, that the Messenger of Allah ﷺ said, 'A father is not killed in retaliation for his child.'" And the Messenger of Allah ﷺ said, "The wealth is inherited by whoever inherits the walaa."Imam Ahmad (147) narrated it from Abu Saeed, who said, "Abdullah bin Lahia narrated to us," with his chain. Taken together, these chains make the hadith hasan.As for what Daraqutni (4/96) narrated through the route of Ismail bin Ayyash, from Ibn Jurayj, from Amr bin Shuayb, from his father, from his grandfather, who said, "The Messenger of Allah ﷺ said, 'The killer has no share of the inheritance,'" this is a mistake. Ismail bin Ayyash erred in it, for he makes mistakes in his narrations from non-Syrians, and this is one of them. The correct version is what Malik narrated, from Yahya bin Saeed, from Amr bin Shuayb, from Umar, mentioning the hadith, as Nasai said.Likewise, what is reported from Umar bin Khattab, who said, "I heard the Messenger of Allah ﷺ say, 'A killer has no inheritance,'" is not sound, for it is daif.Daraqutni (4/95) narrated it through the route of Muhammad bin Sulayman bin Abu Dawud, who said, "Abdullah bin Jafar narrated to us, from Yahya bin Saeed, from Saeed bin Musayab, from Umar bin Khattab," mentioning it.Abu Hatim Razi said of Muhammad bin Sulayman bin Abu Dawud, "His hadith is munkar." Jarh wal-Tadil (7/267).Ibn Abdul-Hadi said in Tanqih (4/257), "This chain is not established, and it is not found in any of the Sunan collections. The correct version is what preceded, from the narration of Malik, from Yahya bin Saeed."Likewise, what is reported from Abu Hurairah, from the Prophet ﷺ, that he said, "The killer does not inherit," is not sound. Tirmidhi (2109), Ibn Majah (2645, 2735), and Daraqutni (4/96) all narrated it through the route of Ishaq bin Abdullah bin Abu Farwa, from Zuhri, from Humayd bin Abdul-Rahman, from Abu Hurairah, who said, mentioning it.Tirmidhi said, "This hadith is not sound. It is not known except through this route, and Ishaq bin Abdullah bin Abu Farwa has been abandoned by some scholars, among them Ahmad bin Hanbal." End of quote.I say, he was also abandoned by Bukhari, Ibn Main, Abu Zura, Abu Hatim, Nasai, Daraqutni, and others. So Tirmidhi's statement, "some scholars abandoned him," carries no real weight, rather the majority of scholars abandoned him.Then Tirmidhi said, "The practice among the scholars is that the killer does not inherit, whether the killing was intentional or accidental. Some of them said, if the killing was accidental, then he inherits, and this is the view of Malik."I say, the view of the generality of scholars is that whoever kills the person he would inherit from does not inherit, whether the killing was intentional or accidental. Malik disagreed with them and said that accidental killing does not prevent inheritance, because the killer is not suspected of intent in it, except that he does not inherit anything from the blood money. Perhaps his basis was the hadith of Amr bin Shuayb, from his father, from his grandfather Abdullah bin Amr, in which it says, "If one of them kills his companion intentionally, he does not inherit anything from his blood money or his wealth, and if he kills his companion accidentally, he inherits from his wealth but does not inherit from his blood money."Daraqutni narrated it (4/72–73), and in its chain is Saeed Shami al-Maslub, who is very daif. Dhahabi said, "This is a munkar report."