Azami 6849

Muslim narrated it in the chapter on the oath of retaliation (1675), from Abu Bakr bin Abu Shayba, who said, Affan bin Muslim narrated to us, who said, Hammad bin Salama narrated to us, who said, Thabit informed us, from Anas, and he related it.This is how Hammad bin Salama narrated it, from Thabit, from Anas. Despite his eminence, and being among the most reliable of people regarding Thabit, his memory changed later in life, so he erred in this hadith in several places.The first, he made the woman in the story the sister of Rubayyi, whereas the correct view is that the woman in the story is Rubayyi herself, as is found in the narrations of Bukhari (2703, 2806, 4500, 4611, 6894), Abu Dawud (4595), Nasai (4756), Ibn Majah (2649), Ahmad (12302), and others, that Rubayyi broke the front tooth of a slave girl, so they asked her family for pardon, but they refused, then they offered them compensation, but they refused, so they came to the Prophet ﷺ and he ordered retaliation... and so on.The second, he made the one who swore the oath the mother of Rubayyi, whereas the correct view is that the one who swore the oath was her brother, Anas bin Nadr, who was martyred on the day of Uhud, and who was the uncle of Anas bin Malik bin Nadr, named after his uncle.The third, he made the broken tooth belong to "a person" in the generic sense, whereas the correct view is that the tooth belonged to the slave girl, unless "person" is meant to cover both man and woman generically. The context indicates that the correct reading is the slave girl, for a woman's slap would not break a man's tooth, unlike the tooth of the slave girl, who was a young girl who had not yet reached puberty.For this reason, the majority of the verifying scholars held that the woman in the story is Rubayyi bint Nadr. Qadi Iyad said, "It is well known that Rubayyi is the woman in the story." Rubayyi is the daughter of Nadr, the aunt of Anas bin Malik bin Nadr, and she is the mother of Haritha bin Saraqa, who was martyred on the day of Badr. Among her narrations is that she came to the Messenger of Allah and said to him, "O Messenger of Allah, tell me about Haritha. If he is among the people of Paradise I will be patient, but if he is otherwise you will see what I do." He said, "O mother of Haritha, there are many gardens, and Haritha is in the highest of them, in Firdaws."But Abu Muhammad Ibn Hazm asserted definitively that these are two sahih stories that happened to one woman, one of them being that she wounded a person, and the other that she broke the tooth of a slave girl, for which retaliation was ordered against her. In the first, the one who swore the oath was her brother, and in the second, the one who swore the oath was her mother.Bayhaqi also said (8/64), "The apparent sense of the report indicates that these are two separate stories, otherwise Thabit is more reliable in memory," except that he mentioned in the hadith of Humayd Tawil, "Rubayyi bint Nadr slapped a slave girl and broke her tooth."The correct view is the first, that the woman in the story is Rubayyi bint Nadr.In the hadith is evidence for the permissibility of retaliation between men and women. Ibn Munzir said, "They agreed unanimously that a man is killed for a woman, and a woman for a man." This is evidenced by the words of Allah Almighty, "And We ordained for them therein a life for a life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth, and for wounds, equal retaliation" [Maidah 5:45]. In it is also evidence for acting upon the laws of those before us, when it is confirmed as sound to us and no abrogation of it has been established in our law.Bayhaqi reported, via the route of Abdul-Rahman bin Abu Zinad, from his father, who said, "Every jurist among us that I met" (he mentioned the seven, along with other elders besides them who were people of jurisprudence, virtue, and religion), "and they would sometimes differ on a matter, so we would adopt the view of the majority of them, and of the one among them with the soundest judgment," used to say, "A woman is subject to retaliation from a man, eye for eye, ear for ear, and every kind of wound is treated the same way, and if she kills him, she is killed for him."As for how retaliation is carried out for a tooth, Abu Dawud said, "I heard Ahmad bin Hanbal being asked, 'How is retaliation carried out for a tooth?' He said, 'It is filed down.'" Munziri mentioned this in Mukhtasar Abu Dawud.