Chapter: If a Mushrik burns a Muslim, should he be burnt (in retaliation)?
Narrated Anas bin Malik:
A group of eight men from the tribe of ‘Ukil came to the Prophet (ﷺ) and then they found the climate of Medina unsuitable for them. So, they said, “O Allah’s Messenger (ﷺ)! Provide us with some milk.” Allah’s Apostle said, “I recommend that you should join the herd of camels.” So they went and drank the urine and the milk of the camels (as a medicine) till they became healthy and fat. Then they killed the shepherd and drove away the camels, and they became unbelievers after whey were Muslims. When the Prophet (ﷺ) was informed by a shouter for help, he sent some men in their pursuit, and before the sun rose high, they were brought, and he had their hands and feet cut off. Then he ordered for nails which were heated and passed over their eyes, and whey were left in the Harra (i.e. rocky land in Medina). They asked for water, and nobody provided them with water till they died (Abu Qilaba, a sub-narrator said, “They committed murder and theft and fought against Allah and His Apostle, and spread evil in the land.”)
The hadees is mentioned in Sahih Bukhari,only once,narrated only by a single companion Anas r.a.
The same hadees is mentioned three times in Sunan Abu Dawood,ONLY one is Sahih,other is Hasan Sahih and the last one is classified as Daif.
The Sahih ahadees are narrated only by One companion Anas r.a.This point should be noted.
Anyone throwing acid over the face of other person should be dealt in the same way according to Quran so even if the eight people were really given that punishment,according to only one Hadees from Sahih Bukhari and Sunan Abu Dawood,even in that case they must be dealt fairly.
Eight people branding the eyes of a weak poor shepherd should be dealt in the same way.They robbed him too,they killed Him.
Their crimes which were obvious were;
Branding the eyes
The process of murder and the condition of the dead body of the shepherd are not discussed but the list is enough.The hadees saying that the eyes were branded means He was tortured too.
The punishments and no critical response by the opposition means that the punishment was reasonable for everyone.
Thirdly,see the name of the chapter.If a polytheist burns a Muslims,could he be burnt too?It means they burnt the shepherd too.