Please confirm whether hadith (Abu Dawud Book 38, Number 4348) is authentic. If so please, explain the meaning behind it and why there was no punishment imposed on the man who murdered the woman.
Narrated Abdullah Ibn Abbas: A blind man had a slave-mother who used to abuse the Prophet (peace_be_upon_him) and disparage him. He forbade her but she did not stop. He rebuked her but she did not give up her habit. One night she began to slander the Prophet (peace_be_upon_him) and abuse him. So he took a dagger, placed it on her belly, pressed it, and killed her. A child who came between her legs was smeared with the blood that was there. When the morning came, the Prophet (peace_be_upon_him) was informed about it. He assembled the people and said: I adjure by Allah the man who has done this action and I adjure him by my right to him that he should stand up. Jumping over the necks of the people and trembling the man stood up. He sat before the Prophet (peace_be_upon_him) and said: Apostle of Allah! I am her master; she used to abuse you and disparage you. I forbade her, but she did not stop, and I rebuked her, but she did not abandon her habit. I have two sons like pearls from her, and she was my companion. Last night she began to abuse and disparage you. So I took a dagger, put it on her belly and pressed it till I killed her. Thereupon the Prophet (peace_be_upon_him) said: Oh be witness, no retaliation is payable for her blood. (Sunan Abu Dawud Book 38, Number 4348)
We confirm the authenticity of this narration.
The reason for which no punishment was imposed on the man who murdered the
women is that she had explicitly sworn Rasulullah (Sallallaahu Alayhi
Wasallam). Such a person is termed as 'Mubaah-ud-dam', i.e. if killed, there
can be no claim of retaliation. (See Badhlul Majhood vol.6 pg.125). There is
Ijmaa (consensus) on this ruling.
and Allah Ta'ala Knows Best
Moulana Muhammad ibn Moulana Haroon Abbassommar
FACULTY OF SPECIALTY IN HADITH
CHECKED AND APPROVED: Mufti Ebrahim Desai
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