Sahih Muslim | Book 16 | Chapter 9
Narrated by 'Alqama b. Wa'il
'Alqama b. Wa'il reported on the authority of his-father: While I was sitting in the company of Allah's Apostle (may peace be upon him), a person came there dragging another one with the help of a strap and said: Allah's Messenger, this man has killed my brother. Allah's Messenger (may peace be upon him) said to him: Did you kill him? And the other man said: (In case he did not make a confession of this, I shall brine, a witness against him). He (the murderer) said: Yes, I have killed him. He (the Holy Prophet) said: Why did you kill him? He said: I and he won striking down the leaves of a tree and he abused me and enraged me, and to I struck his head with an axe and killed him, whereupon Allah's Messenger (may peace be upon him) said: Have you anything with you to pay blood-wit on your behalf? He said: I do not possess any property but this robe of mine and this axe of mine. He (the Holy, Prophet) said: Do you think your people will pay ransom for you? He said: I am more insignificant among my people than this (that I would not be able to get this benefit from my tribe). He (the Holy Prophet) threw the strap towards him (the claimant of the blood-wit) saying: Take away your man. The man took him away, and as he returned, Allah's Messenger (may peace be upon him) said: If he kills him, he will be like him. He returned and said: Allah's Messenger, it has reached me that you have said that "If he killed him, he would be like him." I caught hold of him according to your command, whereupon Allah's Messenger (may peace be upon him) said: Don't you like that he should take upon him (the burden) of your sin and the sin of your companion (your brother)? He said: Allah's Apostle, why not? The Messenger of Allah (may peace be upon him) said: If it is so, then let it be. He threw away the strap (around the offender) and set him free.
Narrated by 'Alaqama b. Wa'il
'Alaqama b. Wa'il reported on the authority of his father that a person was brought to the Messenger of Allah (may peace be upon him) who had killed another person, and the heir of the person slain had dragged him (to the Holy Prophet) with a strap around his neck. As he turned away Allah's Messenger (may peace be upon him) said: The killer and the killed are (doomed) to fire. A person came to the other person (the heir of the deceased) and he reported to him the words of the Messenger of Allah (may peace be upon him), and so he let him off. Isma'il b. Salim said: I made a mention of it to Habib b. Abu Thabit and he said: Ibn Ashwa' reported to me that Allah's Apostle (may peace be upon him) had asked him to pardon him, but he refused.