مسند احمد
Musnad Ahmad
مسند الأنصار رضي الله عنهم
Musnad of the Ansar
حديث عبادة بن الصامت رضي الله عنه
Hadith of Ubadah ibn al-Samit (may Allah be pleased with him)
Hadith Number: 22778
حدثنا عبد الله حدثنا ابو كامل الجحدري حدثنا الفضيل بن سليمان حدثنا موسى بن عقبة عن إسحاق بن يحيى بن الوليد بن عبادة بن الصامت عن عبادة قال إن من قضاء رسول الله صلى الله عليه وسلم ان المعدن جبار والبئر جبار والعجماء جرحها جبار والعجماء البهيمة من الانعام وغيرها والجبار هو الهدر الذي لا يغرم وقضى في الركاز الخمس وقضى ان تمر النخل لمن ابرها إلا ان يشترط المبتاع وقضى ان مال المملوك لمن باعه إلا ان يشترط المبتاع وقضى ان الولد للفراش وللعاهر الحجر وقضى بالشفعة بين الشركاء في الارضين والدور وقضى لحمل بن مالك الهذلي بميراثه عن امراته التي قتلتها الاخرى وقضى في الجنين المقتول بغرة عبد او امة قال فورثها بعلها وبنوها قال وكان له من امراتيه كلتيهما ولد قال فقال ابو القاتلة المقضي عليه يا رسول الله كيف اغرم من لا صاح ولا استهل ولا شرب ولا اكل فمثل ذلك بطل فقال رسول الله صلى الله عليه وسلم هذا من الكهان قال وقضى في الرحبة تكون بين الطريق ثم يريد اهلها البنيان فيها فقضى ان يترك للطريق فيها سبع اذرع قال وكان تلك الطريق سمي الميتاء وقضى في النخلة او النخلتين او الثلاث فيختلفون في حقوق ذلك فقضى ان لكل نخلة من اولئك مبلغ جريدتها حيز لها وقضى في شرب النخل من السيل ان الاعلى يشرب قبل الاسفل ويترك الماء إلى الكعبين ثم يرسل الماء إلى الاسفل الذي يليه فكذلك ينقضي حوائط او يفنى الماء وقضى ان المراة لا تعطي من مالها شيئا إلا بإذن زوجها وقضى للجدتين من الميراث بالسدس بينهما بالسواء وقضى ان من اعتق شركا في مملوك فعليه جواز عتقه إن كان له مال وقضى ان لا ضرر ولا ضرار وقضى انه ليس لعرق ظالم حق وقضى بين اهل المدينة في النخل لا يمنع نفع بئر وقضى بين اهل المدينة انه لا يمنع فضل ماء ليمنع فضل الكلإ وقضى في دية الكبرى المغلظة ثلاثين ابنة لبون وثلاثين حقة واربعين خلفة وقضى في دية الصغرى ثلاثين ابنة لبون وثلاثين حقة وعشرين ابنة مخاض وعشرين بني مخاض ذكورا ثم غلت الإبل بعد وفاة رسول الله صلى الله عليه وسلم وهانت الدراهم فقوم عمر بن الخطاب إبل المدينة ستة آلاف درهم حساب اوقية لكل بعير ثم غلت الإبل وهانت الورق فزاد عمر بن الخطاب الفين حساب اوقيتين لكل بعير ثم غلت الإبل وهانت الدراهم فاتمها عمر اثني عشر الفا حساب ثلاث اواق لكل بعير قال فزاد ثلث الدية في الشهر الحرام وثلث آخر في البلد الحرام قال فتمت دية الحرمين عشرين الفا قال فكان يقال يؤخذ من اهل البادية من ماشيتهم لا يكلفون الورق ولا الذهب ويؤخذ من كل قوم ما لهم قيمة العدل من اموالهم
It is narrated from Hazrat ‘Ubada (may Allah be pleased with him) that among the judgments of the Noble Prophet (peace and blessings be upon him) is also this: the blood of one who is killed while mining is wasted; the blood of one who dies by falling into a well is wasted; and the blood of one who dies from the wound of an animal is wasted. Also, the Noble Prophet (peace and blessings be upon him) decreed that one-fifth of buried treasure (rikaz) is for the public treasury (Bayt al-Mal). The Noble Prophet (peace and blessings be upon him) also decreed that the dates of a tree will belong to the one who grafted it, unless the buyer stipulates otherwise.
The Noble Prophet (peace and blessings be upon him) also decreed that the property of a slave will be considered as belonging to the master who sold him.
The Noble Prophet (peace and blessings be upon him) also decreed that the child will belong to the owner of the bed, and for the adulterer there will be stones.
The Noble Prophet (peace and blessings be upon him) also decreed that partners in land and houses have the right of pre-emption (shuf‘a). The Noble Prophet (peace and blessings be upon him) also decreed that Haml bin Malik (may Allah be pleased with him) will inherit from his wife who was killed by another woman.
The Noble Prophet (peace and blessings be upon him) also decreed that in the case of killing a fetus, the killer must pay a slave (male or female), whose heirs will be the husband and sons of the murdered woman. Haml bin Malik (may Allah be pleased with him) had children from both wives, so the father of the murderess, against whom the judgment was passed, said to the Noble Prophet (peace and blessings be upon him):“O Messenger of Allah! How can I pay compensation for a child who neither cried nor made a sound, who neither ate nor drank? Such things are usually left aside.”The Noble Prophet (peace and blessings be upon him) said:“This is from the soothsayers (who speak in rhymed and measured phrases).”
Also, regarding the wide part in the middle of the road where owners wish to extend their construction, it was decreed that seven cubits (width) should be left for the road, and this road was named“Mayta’”(dead, deserted). Also, regarding one, two, or three gardens in which people disputed the rights, it was decreed that wherever the branches of each garden or tree reach, that area will be included in that garden.
Also, regarding water channels in gardens, it was decreed that the first owner will irrigate his land before the next, and will let the water reach the ankles, then leave water for his neighbor, and so on until the gardens are finished or the water runs out.
It was also decreed that a woman should not give anything from her wealth to anyone without her husband’s permission.
It was also decreed that two valleys inherited will be divided equally, one-sixth each.
It was also decreed that if a person frees his share in a slave and has wealth, it is obligatory for him to grant complete freedom to the slave.
It was also decreed that no one should harm or be harmed.
It was also decreed that the oppressor has no right to a vein (i.e., no right to inheritance).
It was also decreed that city dwellers will not be prevented from using the collected water of wells in date gardens.
It was also decreed that villagers will not be prevented from taking extra water, so that extra grass may not be withheld from them.
It was also decreed that the major blood money (diyat kubra) consists of thirty bint labun, thirty hiqqah, and forty pregnant she-camels.
It was also decreed that the minor blood money (diyat sughra) consists of thirty bint labun, thirty hiqqah, twenty bint makhad, and twenty male ibn makhad.
After the passing of the Noble Prophet (peace and blessings be upon him), when camels became expensive and dirhams became of little value, Hazrat ‘Umar Farooq (may Allah be pleased with him) fixed the price of the blood money camels at six thousand dirhams, with one uqiyyah of silver for each camel. After some time, camels became even more expensive and dirhams even less valuable, so Hazrat ‘Umar (may Allah be pleased with him) added two thousand dirhams, calculating two uqiyyahs for each camel. After some more time, camels became even more expensive, so Hazrat ‘Umar (may Allah be pleased with him) fixed the total blood money at twelve thousand dirhams, calculating three uqiyyahs for each camel. One third of the blood money was increased in the sacred months (ashhur hurum), and the other third in the Sacred City (Makkah Mukarramah), thus the blood money for the two Harams became a full twenty thousand dirhams. It was said that blood money could be taken from villagers in animals, and they should not be obliged to pay in gold and silver. Similarly, from every nation, things of equal value to the price could be taken.
The Noble Prophet (peace and blessings be upon him) also decreed that the property of a slave will be considered as belonging to the master who sold him.
The Noble Prophet (peace and blessings be upon him) also decreed that the child will belong to the owner of the bed, and for the adulterer there will be stones.
The Noble Prophet (peace and blessings be upon him) also decreed that partners in land and houses have the right of pre-emption (shuf‘a). The Noble Prophet (peace and blessings be upon him) also decreed that Haml bin Malik (may Allah be pleased with him) will inherit from his wife who was killed by another woman.
The Noble Prophet (peace and blessings be upon him) also decreed that in the case of killing a fetus, the killer must pay a slave (male or female), whose heirs will be the husband and sons of the murdered woman. Haml bin Malik (may Allah be pleased with him) had children from both wives, so the father of the murderess, against whom the judgment was passed, said to the Noble Prophet (peace and blessings be upon him):“O Messenger of Allah! How can I pay compensation for a child who neither cried nor made a sound, who neither ate nor drank? Such things are usually left aside.”The Noble Prophet (peace and blessings be upon him) said:“This is from the soothsayers (who speak in rhymed and measured phrases).”
Also, regarding the wide part in the middle of the road where owners wish to extend their construction, it was decreed that seven cubits (width) should be left for the road, and this road was named“Mayta’”(dead, deserted). Also, regarding one, two, or three gardens in which people disputed the rights, it was decreed that wherever the branches of each garden or tree reach, that area will be included in that garden.
Also, regarding water channels in gardens, it was decreed that the first owner will irrigate his land before the next, and will let the water reach the ankles, then leave water for his neighbor, and so on until the gardens are finished or the water runs out.
It was also decreed that a woman should not give anything from her wealth to anyone without her husband’s permission.
It was also decreed that two valleys inherited will be divided equally, one-sixth each.
It was also decreed that if a person frees his share in a slave and has wealth, it is obligatory for him to grant complete freedom to the slave.
It was also decreed that no one should harm or be harmed.
It was also decreed that the oppressor has no right to a vein (i.e., no right to inheritance).
It was also decreed that city dwellers will not be prevented from using the collected water of wells in date gardens.
It was also decreed that villagers will not be prevented from taking extra water, so that extra grass may not be withheld from them.
It was also decreed that the major blood money (diyat kubra) consists of thirty bint labun, thirty hiqqah, and forty pregnant she-camels.
It was also decreed that the minor blood money (diyat sughra) consists of thirty bint labun, thirty hiqqah, twenty bint makhad, and twenty male ibn makhad.
After the passing of the Noble Prophet (peace and blessings be upon him), when camels became expensive and dirhams became of little value, Hazrat ‘Umar Farooq (may Allah be pleased with him) fixed the price of the blood money camels at six thousand dirhams, with one uqiyyah of silver for each camel. After some time, camels became even more expensive and dirhams even less valuable, so Hazrat ‘Umar (may Allah be pleased with him) added two thousand dirhams, calculating two uqiyyahs for each camel. After some more time, camels became even more expensive, so Hazrat ‘Umar (may Allah be pleased with him) fixed the total blood money at twelve thousand dirhams, calculating three uqiyyahs for each camel. One third of the blood money was increased in the sacred months (ashhur hurum), and the other third in the Sacred City (Makkah Mukarramah), thus the blood money for the two Harams became a full twenty thousand dirhams. It was said that blood money could be taken from villagers in animals, and they should not be obliged to pay in gold and silver. Similarly, from every nation, things of equal value to the price could be taken.
حكم دارالسلام: إسناده ضعيف، الفضيل ابن سليمان لين الحديث، وإسحاق بن يحيى مجهول الحال، ثم روايته عن جده منطقعة ، والحديث لكثير منه شواهد صحيحة
