Question

Is this Hadith authentic and can it be quoted?

من تطبب ولم يعلم منه طب قبل ذلك فهو ضامن

Whoever gives medical treatment and he is not known to be [a doctor/medical practitioner] then he is liable

 

 

Answer

This narration is recorded in several Hadith collections on the authority of ‘Amr ibn Shu’ayb who reported from his father from his grandfather.

The version you have cited is recorded in Sunan Nasai, Sunan Ibn Majah, and Sunan Daraqutni.

(Sunan Nasai; Al Mujtaba, Hadith: 4830, Sunan Ibn Majah, Hadith: 3466, Sunan Daraqutni, Hadith: 4497)

Imam Abu Dawud (rahimahullah) has recorded the narration with slight variation in the wording. Imam Hakim (rahimahullah) has declared the Hadith authentic and ‘Allamah Dhahabi concurs.

(Sunan Abi Dawud, Hadith: 4576, Mustadrak Hakim, vol. 4, pg. 212)

The Hadith has been reported mursalan (with an omission) as well as muttasilan (without an omission). Some Muhaddithun have preferred the mursal version. Nevertheless, the Hadith is suitable to quote.

(Refer: Bulughul Maram, Hadith: 1212)

Explanation

This Hadith explains that if an unqualified person physically treats a patient or operates on him and this leads to his death, then he will be held liable to pay the blood money. This is aside from him being liable in the court of Allah!

(Mirqat, Hadith: 3504. Also see: Sharh Ibn Raslan, Hadith: 4586)

Note: I have merely answered your question regarding the narration in question. This should therefore not be viewed as a Fiqh ruling/fatwa. Kindly contact a Mufti/Darul Ifta for a fatwa as well as the application of this Hadith.

 

And Allah Ta’ala Knows best.

Answered by: Mawlana Suhail Motala

Approved by: Mawlana Muhammad Abasoomar