Chapter on Those Who Have No Blood Money in Cases of Injury or Killing

Al-Qasim ibn Muhammad Al-Jawhari narrated from Ali ibn Abi Hamzah from Abu Basir, who said: I asked Abu Abdullah عليه السلام about a man who spies on a group of people to look at their private matters, and they strike him, killing him, injuring him, or gouging out his eye. Imam عليه السلام said: "There is no blood money (diyyah) for him. The Messenger of Allah سبحانه وتعالى (peace be upon him and his family) once had a man peep into his room through a crack, so the Messenger of Allah سبحانه وتعالى (peace be upon him and his family) approached him with an arrowhead to gouge out his eye, but he found that the man had left. The Prophet (peace be upon him and his family) then called out to him, saying: 'O' wicked one! Had you remained there, I would have gouged out your eye with it.'"

Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام and Abu Abdullah Imam Jafar ibn Muhammad Al-Sadiq عليه السلام said: "Whoever is killed through legal retribution (qisas), there is no blood money (diyyah) for him."

Hisham ibn Salim narrated from Sulayman ibn Khalid, who said: Abu Abdullah عليه السلام said: "Whoever initiates aggression and is then retaliated against, there is no retribution (qisas) for him."

Al-Alaa narrated from Muhammad ibn Muslim from one of the two Imams (peace be upon them) regarding a man who accidentally falls onto another man and kills him. Imam عليه السلام said: "There is nothing upon him (no liability)."

Muhammad ibn Al-Fudayl narrated from Abu Al-Ṣabbah Al-Kinani from Abu Abdullah Imam Jafar ibn Muhammad Al-Sadiq عليه السلام, who said: "During the time of the Commander of the Faithful عليه السلام, some children were playing with their arrows. One of them shot his arrow and broke his companion's front tooth. The matter was brought to the Commander of the Faithful عليه السلام. The shooter presented evidence that he had warned by saying, 'Be careful!' So, the Commander of the Faithful عليه السلام dismissed the retribution (qisas) from him and then said: 'The one who gives a warning has fulfilled his responsibility.'"

Safwan ibn Yahya narrated from Abdullah ibn Sinan, who said: I heard Abu Abdullah عليه السلام say regarding a man who tried to force himself unlawfully upon a woman, and she struck him with a stone, causing his death. Imam عليه السلام said: "There is nothing upon her in what is between her and Allah سبحانه وتعالى, the Majestic. And if she is brought before a just Imam, he will dismiss his (attackers') blood (declare it as wasted)."

Hammad narrated from Al-Halabi from Abu Abdullah عليه السلام, who said: "If any man attacks another man to strike him, and the latter defends himself and injures or kills the attacker, then there is nothing upon him (no liability)."

Al-Hasan ibn Mahbub narrated from Ali ibn Ri'ab from Abu Basir, who said: I asked Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام about a man who killed a mentally ill person. Imam عليه السلام said: "If the mentally ill person had intended to harm him and the man defended himself and killed him, then there is neither retribution (qisas) nor blood money (diyyah) upon him. However, his heirs should be given the blood money from the public treasury (Bayt Al-Mal) of the Muslims." Imam عليه السلام further said: "But if the man killed him without the mentally ill person intending to harm him, then there is no retribution for someone who cannot be avenged, but I believe that the killer must pay the blood money from his own wealth to the heirs of the mentally ill person. He must also seek forgiveness from Allah سبحانه وتعالى, the Almighty and Majestic, and repent to Him سبحانه وتعالى."

Jafar ibn Bashir narrated from Mualla Abu Uthman from Abu Abdullah Imam Jafar ibn Muhammad Al-Sadiq عليه السلام, who said: I asked Imam عليه السلام about a man who was approached by an animal that was about to trample him, and fearing harm from it, he shouted at the animal, causing it to panic and throw off its rider, resulting in injury or something similar. Imam عليه السلام said: "There is no liability upon him. He merely repelled the harm from himself, and the animal (dabbah) is considered Al-jubar (i.e., its resulting harm carries no compensation)."

Al-Hasan ibn Mahbub narrated from Abu Ayyub from Muhammad ibn Muslim from Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام, who said: "The privacy (awrah) of a believer is forbidden upon another believer." Imam عليه السلام also said: "Whoever spies on a believer in his home, his eyes are lawful to the believer in that situation. Whoever forcefully enters upon a believer in his home without his permission, his blood is lawful to the believer in that situation. And whoever denies the Prophethood of a divinely sent prophet and rejects him, his blood is lawful." I then asked Imam عليه السلام: "What about someone who rejects the Imam from among you (Ahlulbayt عليه السلام) - what is his status?" Imam عليه السلام replied: "Whoever rejects an Imam has disassociated from Allah سبحانه وتعالى, and Allah سبحانه وتعالى has disassociated from him, as well as from his religion. He is a disbeliever, an apostate from Islam, because the Imam is appointed by Allah سبحانه وتعالى, and his religion is the religion of Allah سبحانه وتعالى. Whoever disassociates from the religion of Allah سبحانه وتعالى is a disbeliever, and his blood is lawful in that situation unless he repents and returns to Allah سبحانه وتعالى, the Almighty and Majestic, from what he has said." Imam عليه السلام further said: "Whoever attacks a believer intending to harm his wealth or his life, his blood is lawful to the believer in that situation."

Ibn Faddal narrated from Ibn Bukayr from Abu Abdullah عليه السلام regarding a man who falls upon another man and kills him, and the one on top dies. Imam عليه السلام said: "There is no liability upon the one below."