Abu Dawud Book 34, Hadith Number 4488.

Chapter : If authorities ask relatives of a slain to forgo their right what should they do.

Narated By Sa’d ibn Dumayrah al-Aslami Dumayrah al-Aslami : Ziyad ibn Sa’d ibn Dumayrah as-Sulami said on the authority of his father (Sa’d) and his grandfather (Dumayrah) (according to Musa’s version) who were present in the battle of Hunayn with the Apostle of Allah (PBUH): After the advent of Islam, Muhallam ibn Jaththamah al-Laythi killed a man of Ashja’.

That was the first blood-money decided by the Apostle of Allah (PBUH) (for payment). Uyaynah spoke about the killing of al-Ashja’i, for he belonged to Ghatafan, and al-Aqra’ ibn Habis spoke on behalf of Muhallam, for he belonged to Khunduf. The voices rose high, and the dispute and noise grew.

So the Apostle of Allah (PBUH) said: Do you not accept blood-money, Uyaynah?

Uyaynah then said: No, I swear by Allah, until I cause his women to suffer the same fighting and grief as he caused my women to suffer. Again the voices rose high, and the dispute and noise grew.

The Apostle of Allah (PBUH) said: Do you not accept the blood-money Uyaynah? Uyaynah gave the same reply as before, and a man of Banu Layth called Mukaytil stood up. He had a weapon and a skin shield in his hand.

He said: I do not find in the beginning of Islam any illustration for what he has done except the one that “some sheep came on, and those in the front were shot; hence those in the rear ran away”. (The other example is that) “make a law today and change it.”

The Apostle of Allah (PBUH) said: Fifty (camels) here immediately and fifty when we return to Medina. This happened during some of his journeys. Muhallam was a tall man of dark complexion. He was with the people. They continued (to make effort for him) until he was released. He sat before the Apostle of Allah (PBUH), with his eyes flowing.

He said: Apostle of Allah! I have done (the act) of which you have been informed. I repent to Allah, the Exalted, so ask Allah’s forgiveness for me. Apostle of Allah!

The Apostle of Allah (PBUH) then said: Did you kill him with your weapon at the beginning of Islam. O Allah! do not forgive Muhallam. He said these words loudly.

AbuSalamah added: He (Muhallam) then got up while he was wiping his tears with the end of his garment.

Ibn Ishaq said: His people alleged that the Apostle of Allah (PBUH) asked forgiveness for him after that.