وَعَن أبي شُرَيحٍ الكعبيِّ عَنْ
رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ: «ثُمَّ أَنْتُمْ يَا خُزَاعَةُ قَدْ قَتَلْتُمْ هَذَا الْقَتِيلَ مِنْ هُذَيْلٍ وَأَنَا وَاللَّهِ عَاقِلُهُ مَنْ قَتَلَ بَعْدَهُ قَتِيلًا فَأَهْلُهُ بَيْنَ خِيرَتَيْنِ: عَن أَحبُّوا قتلوا وَإِن أَحبُّوا أخذا العقلَ»
Abu Shuraih al-Kabi reported God’s Messenger as saying, “Then you, Khuzaa, have killed this man of Hudhail, but I swear by God that I will pay his blood wit. If anyone kills a man hereafter his people will have a choice, to kill him if they wish, or to accept blood wit if they wish.” Tirmidhi and Shafii transmitted it. It occurs in Sharh as-sunna with his isnad, but it states clearly that it does not occur in the two Sahihs on the authority of Abu Shuraih, saying that they rendered it from Abu Hurayrah’s version, meaning something similar.* *In Masabih as-sunna the tradition is given among the sound ones without any reference to its source.
Here Sharh as-sunna is quoted to the effect that the above tradition is not given by Bukhari or Muslim, but that they give something similar on Abu Hurayrah’s authority. Section 1 is normally confined to traditions from Bukhari or Muslim, or from both, so it is strange to find that a tradition from another source is here preferred to theirs.