Mention of Blood-Money
1 Yahya related to me from Malik from 'Abdullah ibn Abi Bakr ibn Muhammad ibn
'Amr ibn Hazm from his father that in a letter which the Messenger of Allah, may
Allah bless him and grant him peace, sent to 'Amr ibn Hazm about blood-money, he
wrote that it was one hundred camels for a life, one hundred camels for a nose
if completely removed, a third of the blood-money for a wound in the brain, the
same as that for a belly wound, fifty for an eye, fifty for a hand, fifty for a
foot, ten camels for each finger, and five for teeth, and five for a head wound
which laid the bone bare.
43.2 Procedure in Blood-Money
2 Malik related to me that he had heard that 'Umar ibn al-Khattab estimated
the full blood-money for the people of urban areas. For those who had gold, he
made it one thousand dinars, and for those who had silver, he made it ten
thousand dirhams.
Malik said, "The people of gold are the people of Syria and the people of
Egypt. The people of silver are the people of Iraq."
Yahya related to me from Malik that he heard that the blood-money was divided
into instalments over three or four years.
Malik said, "Three is the most preferable to me of what I have heard on
that."
Malik said, "The generally agreed on way of doing things in our community is
that camels are not accepted from the people of cities for blood-money nor is
gold or silver accepted from desert people. Silver is not accepted from the
people of gold and gold is not accepted from the people of silver."
43.3 The Blood-Money for Murder When Accepted, and the Criminal Act of the
Insane
Yahya related to me from Malik that Ibn Shihab said, "The full blood-money
for murder when it is accepted is twenty-five yearlings, twenty-five two year
olds, twenty-five four year olds, and twenty-five five year olds."
3 Yahya related to me from Malik from Yahya ibn Sa'id that Marwan ibn al-Hakam
wrote to Mu'awiya ibn Abi Sufyan that a madman was brought to him who had killed
a man. Mu'awiya wrote to him, "Tie him up and do not inflict any retaliation on
him. There is no retaliation against a madman."
Malik said about an adult and a child when they murder a man together, "The
adult is killed and the child pays half the full blood-money."
Malik said, "It is like that with a free man and a slave when they murder a
slave. The slave is killed and the free man pays half of his value."
43.4 The Blood-Money for Manslaughter
4 Yahya related to me from Malik from Ibn Shihab from 'Irak ibn Malik and
Sulayman ibn Yasar that a man of the Banu Sa'd ibn Layth was running a horse and
it trod on the finger of a man from the Juhayna tribe. It bled profusely and he
died. 'Umar ibn al-Khattab said to those against whom the claim was made, "Do
you swear by Allah with fifty oaths that he did not die of it?" They refused and
refrained from doing it. He said to the others, "Will you take an oath?" They
refused, so 'Umar ibn al-Khattab gave a judgement that the Banu Sa'd had to pay
half the full blood-money.
Malik said, "One does not act on this."
Yahya related to me from Malik that Ibn Shihab, Sulayman ibn Yasar, and
Rabi'a ibn Abi 'Abd ar-Rahman said, "The blood money for manslaughter is twenty
yearlings, twenty two-year olds, twenty male two-year olds, twenty four-year
olds and twenty five-year olds."
Malik said, "The generally agreed on way with us is that there is no
retaliation against children. Their intention is accidental. The hudud
are not obliged for them if they have not yet reached puberty. If a child kills
someone it is only accidentally. Had a child and an adult killed a free man
accidentally, each of them would pay half the blood-money."
Malik said, "A person who kills someone accidentally pays blood-money with
his property and there is no retaliation again him. That money is like anything
else from the dead man's property and his debt is paid with it and he is allowed
to make a bequest from it. If he has a total property of which the blood-money
is a third and then the blood-money is relinquished, that is permitted to him.
If all the property he has is his blood-money, he is permitted to relinquish a
third of it and to make that a bequest."
43.5 The Blood-Money for Accidental Injury
Malik related to me that the generally agreed on way of doing things amongst
the community in the event of an accident is that there is no blood-money until
the victim is better. If a man's bone, either a hand, or a foot, or another part
of his body, is broken accidentally and it heals and becomes sound and returns
to its proper form, there is no blood-money for it. If the limb is impaired or
there is a scar on it, there is blood-money for it according to the extent that
it is impaired.
Malik said, "If that part of the body has a amount of specific blood-money
mentioned by the Prophet, may Allah bless him and grant him peace, it is
according to what the Prophet, may Allah bless him and grant him peace,
specified. If it is something that does not have a specific blood-money
mentioned by the Prophet, may Allah bless him and grant him peace, and there is
no previous sunna about it or specific blood-money, one uses ijtihad
about it."
Malik said, "There is no blood-money for an accidental bodily injury when the
wound heals and it returns to its proper form. If there is any scar or mark,
ijtihad is used about it except for the belly-wound. There is a third of the
blood-money of a life for it."
Malik said, "There is no blood-money for the wound which splinters bone in
the body, which is like the wound to the body which lays bare the bone."
Malik said, "The generally agreed on way of doing things in our community is
that when the doctor performs a circumcision and cuts off the glans, he must pay
the blood-money. That is because it is an accident which the tribe is
responsible for, and the full blood-money is payable for everything in which a
doctor errs or exceeds, when it is not intentional."
43.6 The Blood-Money of Women
Yahya related to me from Malik from Yahya ibn Sa'id that Sa'id ibn
al-Musayyab said, "The blood-money for a woman is the same as for a man up to
one-third of the blood-money. Her finger is like his finger, her tooth is like
his tooth, her injury which lays the bone is like his, and her head wound which
splinters the bone is like his."
Yahya related to me from Malik that Ibn Shihab and also 'Urwa ibn az-Zubayr
said the same as Sa'id ibn al-Musayyab said about a woman. Her blood-money from
a man is the same up to a third of the blood-money of a man. If what she is owed
exceeds a third of the blood-money of the man, she is given up to half of the
blood-money of a man.
Malik said, "The explanation of that is that she has blood-money for a head
wound that lays bare the bone and for a that splinters the bone and for what is
less than the brain wound and the belly wound anound that lays bare the bone and
for anything that splinters the bone and for what is less than the brain wound
and the belly wound and any such wounds which obliges a third of the blood-money
or more. If the amount owed her exceeds that, her blood-money for that is half
of the full blood-money of a man."
Yahya related to me from Malik that he heard Ibn Shihab say, "The precedent
of the sunna when a man injures a woman is that he must pay the
blood-money for that injury and there is no retaliation against him."
Malik said, "That is accidental injury, as when a man strikes a woman and the
blow lands where he did not intend - for instance, if he struck her with a whip
and cut her eye open and things like that."
Malik, speaking about a woman who has a husband and children who are not from
her paternal relatives or her people, said that since he is from another tribe
there is no blood-money against her husband for her criminal action, nor against
any of her children if they are not from her people, nor against her maternal
brothers when they are not from her paternal relations or her people. These are
entitled to her inheritance but only the paternal relations have paid
blood-money from since the time of the Messenger of Allah, may Allah bless him
and grant him peace. Until today it is like that with the mawla of a woman. The
inheritance they leave goes to the children of the woman even if they are not
from her tribe, but the blood-money of the criminal act of the mawla is only
against her tribe."
43.7 The Blood-Money for the Foetus
5 Yahya related to me from Malik from Ibn Shihab from Abu Salama ibn 'Abd
ar-Rahman ibn 'Awf from Abu Hurayra that a woman of the Hudhayl tribe threw a
stone at a woman from the same tribe who then had a miscarriage. The Messenger
of Allah, may Allah bless him and grant him peace, gave a judgement that a slave
or a slave-girl of fair complexion and excellence should be given to her.
[In Bukhari and Muslim]
6 Yahya related to me from Malik from Ibn Shihab from Sa'id ibn al-Musayyab
that the Messenger of Allah, may Allah bless him and grant him peace, gave a
judgement that the compensation for a foetus killed in its mother's womb was a
slave or a slave-girl of fair complexion and excellence. The one against whom
the judgement was given said, "Why should I pay damages for that which did not
drink or eat or speak or make any cry? The like of that is nothing." The
Messenger of Allah, may Allah bless him and grant him peace, said, "This is only
one of the brothers of the diviners."
[He disapproved of the rhyming speech of the man's declaration.]
[In Bukhari and Muslim]
Yahya related to me from Malik that Rabi'a ibn Abi 'Abd ar-Rahman said, "The
slave of fair complexion and excelllence is estimated at fifty dinars or six
hundred dirhams. The blood-money of a free Muslim woman is five hundred dinars
or six thousand dirhams."
Malik said, "The blood-money of the foetus of a free woman is a tenth of her
blood-money. The tenth is fifty dinars or six hundred dirhams."
Malik said, "I have not heard anyone dispute that there is no slave in
compensation for the foetus until it leaves its mother's womb and falls
stillborn from her womb."
Malik said, "I heard that if the foetus comes out of its mother's womb alive
and then dies, the full blood-money is due for it."
Malik said, "The foetus is not alive unless it cries at birth. If it comes
out of its mother's womb and cries out and then dies, the complete blood-money
is due for it. We think that the slave-girl's foetus has a tenth of the price of
the slave-girl."
Malik said, "When a woman murders a man or woman, and the murderess is
pregnant, retaliation is not taken against her until she has given birth. If a
woman who is pregnant is killed intentionally or unintentionally, the one who
killed her is not obliged to pay anything for her foetus. If she is murdered,
then the one who killed her is killed and there is no blood-money for her
foetus. If she is killed accidentally, the tribe obliged to pay on behalf of her
killer pays her blood-money, and there is no blood-money for the foetus."
Yahya related to me, "Malik was asked about the foetus of the Christian or
Jewish woman which was aborted. He said, "I think that there is a tenth of the
blood-money of the mother for it."
43.8 Injuries for which There is Full Blood-money
Yahya related to me from Malik from Ibn Shihab that Sa'id ibn al-Musayyab
used to say, "The full blood-money is payable for cutting off both lips, but
when the lower one only is cut off, two-thirds of the blood-money is due for
it."
Yahya related to me from Malik that he asked Ibn Shihab what happened if a
one-eyed man gouged out the eye of a healthy person. Ibn Shihab said, "If the
healthy person wants to take retaliation from him, he can have his retaliation.
If he prefers, he has blood-money of one thousand dinars, twelve thousand
dirhams."
Yahya related to me from Malik that he heard that full blood-money is payable
for both of a pair of any parts of a man that occur n pairs, and the tongue
incurs full blood-money. The ears, when their hearing has departed, incur full
blood-money, whether or not they have been cut off, and a man's penis incurs
full blood-money as do testicles.
Yahya related from Malik that he heard that the breasts of a woman incurred
full blood-money.
Malik said, "The least of that are the eyebrows and a man's breasts."
Malik said, "What is done in our community when a man is injured in his
extremities to an extent that obliges payment of more than the amount of his
full blood-money, is that he has a right to it. If his hands, feet and eyes are
all injured, he has three full blood-moneys."
Malik said about the sound eye of a one-eyed man when it is accientally
gouged out, "The full blood-money is payable for it."
43.9 The Blood-Money for an Eye Whose Sight is Lost
Yahya related to me from Malik from Yahya ibn Sa'id from Sulayman ibn Yasar
that Zayd ibn Thabit used to say, "When the eye remains but the sight is lost,
one hundred dinars are payable for it."
Yahya said, "Malik was asked about cutting off the lower lid of the eye and
the bone around the eye. He said, 'There is only ijtihad about that
unless the vision of the eye is impaired. He is entitled to an amount that is
compatible to the extent the vision of the eye has been impaired."
Yahya said that Malik said, "What is done in our community about removing the
bad eye of a one-eyed man when it has already been blinded and still remains
there in its place and the paralyzed hand when it is cut off is that ijtihad
in that must be used. There is no prescribed blood-money."
43.10 The Blood-Money for Head Wounds
Yahya related to me from Malik that Yahya ibn Sa'id heard Sulayman ibn Yasar
mention that a face wound in which the bone was bared was like a head wound in
which the bone was bared unless the face was scarred by the wound. Then the
blood-money was increased by one half of the blood-money of a head wound in
which the skin was bared so that seventy-five dinars are payable for it.
Malik said, "What is done in our community is that a head wound with
splinters gets fifteen camels."
He explained, "The head wound with splinters is a wound from which pieces of
bone fly off but which does not reach the brain. It can be in the head or the
face."
Malik said, "The generally agreed on way of doing things in our community is
that there is no retaliation for a wound to the brain or a belly wound, and Ibn
Shihab has said, 'There is no retaliation for a wound to the brain.' "
Malik explained, "The wound to the brain is a wound which pierces the skull
through to the brain. This type of wound only occurs in the head. It is one that
reaches the brain when the skull is pierced."
Malik said, "What is done in our community is that there is no blood-money
paid on any head wound less than one which lays bare the skull. Blood-money is
payable only for a head wound that bares the bone and anything more severe than
that. That is because the Messenger of Allah, may Allah bless him and grant him
peace, stopped at the head wound which bared the bone in his letter to 'Amr ibn
Hazm. He made the blood-money for it five camels. The Imams, past and present,
have not made any blood-money payable for injuries less than the head wound
which bares the bone."
Yahya related to me from Malik from Yahya ibn Sa'id that Sa'id ibn
al-Musayyab said, "For every piercing wound in any of the organs or limbs of the
body, one third of the blood-money of that limb is payable."
Malik related to me, "Ibn Shihab did not think, and nor do I, that there is a
generally agreed on way of doing things regarding a piercing wound in any of the
organs or limbs of the body, but I think that ijtihad should be used in
each case. The imam uses ijtihad about it, and there is no generally agreed on
way of doing things in our community in this case."
Malik said, "What is done in our community about a brain wound and a wound
which splinters the bone and the wound that bares the bone is that they apply to
the head and face. If such a wound occurs in the body it is subject to
ijtihad."
Malik said, "I do not think the lower jaw or the nose are part of the head in
regard to injury because they are separate bones, and apart from them the head
is made up of a single bone."
Yahya related to me from Malik from Rabi'a ibn Abi 'Abd ar-Rahman that
'Abdullah ibn az-Zubayr allowed retaliation for a head wound which splintered
the bone.
43.11 The Blood-Money for Fingers
Yahya related to me from Malik that Rabi'a ibn Abi 'Abd ar-Rahman said, "I
asked Sa'id ibn al-Musayyab, 'How much is it for the finger of a woman?' He
replied, 'Ten camels.' I said, 'How much for two fingers?' He said, 'Twenty
camels.' I asked, 'How much for three?' He said, 'Thirty camels.' I said, 'How
much for four?' He said, 'Twenty camels.' I said, 'When her wound is greater and
her affliction stronger is her blood-money then less?' He asked, 'Are you an
Iraqi then?' I said, 'Rather I am a scholar who seeks to verify things, or an
ignorant man who seeks to learn.' Sa'id said, 'It is the sunna, my
nephew.'"
Malik said, "What is done in our community about all the fingers of the hand
being cut off is that complete blood-money is given. That is because when five
fingers are cut, their blood-money is the blood-money of the hand: fifty camels.
Each finger has ten camels."
Malik said, "The reckoning of the fingers is thirty-three dinars for each
fingertip, and that is three and a third shares of camels."
43.12 General Section on the Blood-Money for Teeth
7 Yahya related to me from Malik from Zayd ibn Aslam from Muslim ibn Jundub
from Aslam, the mawla of 'Umar ibn al-Khattab, that 'Umar ibn al-Khattab decided
that there was a camel for a molar, a camel for a collar-bone, and a camel for a
rib.
Yahya related to me from Malik that Yahya ibn Sa'id heard Sa'id ibn
al-Musayyab say, "'Umar ibn al-Khattab decided on a camel for each molar, and Mu'awiya ibn Abi Sufyan decided on five camels for each molar."
Sa'id ibn al-Musayyab said, "The blood-money is less in the judgement of
'Umar ibn al-Khattab and more in the judgement of Mu'awiya. If it had been me, I
would have made it two camels for each molar. That is the fair blood-money, and
everyone who strives with ijtihad is rewarded."
Yahya related to me from Malik from Yahya ibn Sa'id that Sa'id ibn
al-Musayyab used to say, "When a tooth is struck and becomes black, there is
complete blood-money for it. If it falls out after it becomes black, there is
also the complete blood-money for it."
43.13 Procedure in the Blood-Money for Teeth
8 Yahya related to me from Malik from Da'ud ibn al-Husayn that Abu Ghatafan
ibn Tarif al-Murri informed him that Marwan ibn al-Hakam sent him to 'Abdullah
ibn 'Abbas to ask him what there was for the molar. 'Abdullah ibn 'Abbas said,
"There are five camels for it." He said, "Marwan sent me back again to 'Abdullah
ibn 'Abbas." He said, "Do you consider all teeth as molars?" 'Abdullah ibn
'Abbas said, "It is enough that you take the fingers as the example for that,
their blood-money being all the same."
Yahya related to me from Malik from Hisham ibn 'Urwa that his father made all
the teeth the same in the blood-money and did not prefer any kind over others.
Malik said, "What is done in our community is that the front teeth, molars,
and eye-teeth have the same blood-money. That is because the Messenger of Allah,
may Allah bless him and grant him peace, said, 'The tooth has five camels.' The
molar is one of the teeth and he did not prefer any kind over the others."
43.14 The Blood-Money for Injuries to Slaves
Yahya related to me from Malik that he had heard that Sa'id ibn al-Musayyab
and Sulayman ibn Yasar said, "The head wound of a slave in which the bone is
bared is a twentieth of his price.
Malik related to me that he had heard that Marwan ibn al-Hakam gave a
decision that when a slave was injured, the person who injured him had to pay
the amount that the value of the slave had diminished due to the injury.
Malik said, "What is done in our community is that for the head wound of a
slave that bares the bone there is a twentieth of his price. The head wound
which splinters the bone incurs three-twentieths of his price. Both the wound to
the brain and the belly-wound incur a third of his price. Besides these four,
any other types of injury that decrease the value of the slave are considered
after the slave is better and well, and one sees what the value of the slave is
after his injury and what his value whole was before he received the injury.
Then the one who injured him pays the difference between the two values."
43.15 The Blood-Money of the People of Protection (Dhimma)
Yahya related to me from Malik that he heard that 'Umar ibn 'Abd al-'Aziz
gave a decision that when a Jew or Christian was killed, his blood-money was
half the blood-money of a free Muslim.
Malik said, "What is done in our community is that a Muslim is not killed in
retaliation for the death of an unbeliever unless the Muslim killed him by
treachery. In such a case he is killed for it."
Yahya related to me from Malik from Yahya ibn Sa'id that Sulayman ibn Yasar
said, "The blood-money of a Magian is eight hundred dirhams."
Malik said, "This is what is done in our community."
Malik said, "The blood money for injuries suffered by Jews, Christians and
Magians is the same as for injuries to the Muslims. The head wound incurs a
twentieth of the full blood-money. The wound that opens the head incurs a third.
The belly-wound also incurs a third of his blood-money. All their injuries are
assessed in this way."
43.16 Blood-Money that Has to be Paid on an Individual Basis
Yahya related to me from Malik from Hisham ibn 'Urwa that his father said,
"The tribe is not obliged to pay blood-money for intentional murder. They only
pay blood-money for accidental killing."
Yahya related to me from Malik that Ibn Shihab said, "The precedent in the
sunna is that the tribe are not liable for any blood-money of an intentional
killing unless they wish to do so."
Yahya related the same as that to me from Malik from Yahya ibn Sa'id.
Malik said that Ibn Shihab said, "The precedent in the sunna in the
case of intentional murder is that when the relatives of the murdered person
relinquish their right of retaliation, the blood-money is owed by the murderer
from his own property unless the tribe helps him with it willingly."
Malik said, "What is done in our community is that the blood-money is not
taken from the tribe until it has reached a third of the full amount and
upwards. If it reaches a third is it is owed by the tribe, and if it is below a
third it is taken from the property of the one who inflicted the injury."
Malik said, "The way of doing things about which there is no dispute among us
in the case of someone who has the blood-money accepted from him in intentional
murder, or in any injury in which there is retaliation, is that the blood-money
is not due from the tribe unless they wish it. The blood-money for it comes from
the property of the murderer or the injurer if he has property. If he does not
have any property it is a debt against him, and none of it is owed by the tribe
unless they wish it to be."
Malik said, "The tribe does not pay blood-money to anyone who injures
himself, intentionally or accidentally. This is the opinion of the people of
fiqh in our community. I have not heard that anyone has made the tribe
liable for blood-money incurred by intentional actions. Well-known evidence for
that is that Allah, the Blessed, the Exalted, said in His Book, 'But if
someone is absolved by his brother, blood-money should be claimed with
correctness and paid with good will.' (2:178). The commentary on that, in
our view, and Allah knows best, is that whoever gives his brother something of
the blood-money should follow it with what is accepted and pay him with good
will."
Malik spoke about a child who had no property and a woman who had no
property. He said, "When one of them causes an injury incurring below a third of
the total blood-money, it is taken on behalf of the child and woman from their
personal property if they have property from which it may be taken. If not, the
injury which each of them has caused is a debt against them. Their tribe does
not have to pay any of it, and the father of a child is not liable for the
blood-money for an injury caused by his child and he is not responsible for it."
Malik said, "The way of doing things in our community about which there is no
dispute is that when a slave is killed, his value is the same as it was on the
day on which he was killed. The tribe of the murderer is not liable for any of
the slave's value, great or small. It is the responsibility of the one who
killed him and must be paid from his own personal property as far as it covers
it. If the value of the slave is the same as the blood-money or even more, that
must be paid from his property. That is because the slaves are a category of
goods."
43.17 Inheritance of Blood-Money and Making it More Severe
9 Yahya related to me from Malik from Ibn Shihab that 'Umar ibn al-Khattab
demanded of the people at Mina, "If anyone has knowledge of blood-money, let him
tell me." Ad-Dahhak ibn Sufyan al-Kilabi stood up and said, "The Messenger of
Allah, may Allah bless him and grant him peace, wrote to me that the wife of
Ashyam ad-Dibabi inherited from the blood-money of her husband. "'Umar ibn
al-Khattab said to him, "Go into the tent until I come to you." When 'Umar ibn
al-Khattab came in, ad-Dahhak told him about it and 'Umar ibn al-Khattab gave a
decision based on that.
Ibn Shihab added, "The killing of Ashyam was accidental."
10 Malik related to me from Yahya ibn Sa'id from 'Amr ibn Shu'ayb that a man
of the Banu Mudlij called Qatada threw a sword at his son and it struck his
thigh. The wound bled profusely and he died. Suraqa ibn Ju'shum came to 'Umar
ibn al-Khattab and mentioned that to him. 'Umar told him, "At the watering-place
of Qudayd count one hundred and twenty camels and wait until I come to you."
When 'Umar ibn al-Khattab came to him, he took thirty four-year old camels,
thirty five-year old camels and forty pregnant camels from them. Then he said,
"Where is the brother of the slain man?" He said, "Here." He said, "Take them.
The Messenger of Allah, may Allah bless him and grant him peace, said, 'The
killer gets nothing.' "
Malik said that he had heard that Sa'id ibn al-Musayyab and Sulayman ibn
Yasar were asked, "Does one make the blood-money more severe in the sacred
month?" They replied, "No. But it is increased because of violating the month."
Sa'id was asked, "Does one impose an increase for a wound just as one increases
for a life?" He replied, "Yes."
Malik added, "I think that they meant the same as 'Umar ibn al-Khattab did
with respect to the blood-money of the Mudliji when he struck his son (i.e.
giving one hundred and twenty camels instead of a hundred.)"
11 Malik related to me from Yahya ibn Sa'id from 'Urwa ibn az-Zubayr that a
man of the Ansar called Uhayha ibn al-Julah had a young paternal uncle who was
younger than him and who was living with his maternal uncles. Uhayha seized him
and killed him. His maternal uncles said, "We brought him up from from a baby to
a youth till he stood firm on his feet, and we have had the right of a man taken
from us by his paternal uncle." 'Urwa said, "For that reason a killer does not
inherit from the one he killed."
Malik said, "The way of doing things about which there is no dispute is that
the intentional murderer does not inherit any of the blood-money of the person
he has murdered nor any of his property. He does not stop anyone who has a share
of inheritance from inheriting. The one who kills accidentally does not inherit
any of the blood-money and there is dispute as to whether or not he inherits
from the dead person's property because there is no suspicion that he killed him
for his inheritance and in order to take his property. I prefer that he inherit
from the dead person's property and not inherit from the blood-money."
43.18 General Section on Blood-Money
12 Yahya related to me from Malik from Ibn Shihab from Sa'id ibn al-Musayyab
and Abu Salama ibn 'Abd ar-Rahman from Abu Hurayra that the Messenger of Allah,
may Allah bless him and grant him peace, said, "The wound of an animal is of no
account and no compensation is due for it. The mine is of no account and no
compensation is due for it and a fifth is due for buried treasure." (Al-Kanz:
see Book 17)
[cf Bukhari 1428; also in Muslim]
Malik said, "Everyone leading an animal by the halter, driving it or riding
it is responsible if the animal kicks out without anything being done to make it
kick out. 'Umar ibn al-Khattab imposed the blood-money on a person who was
exercising his horse."
Malik commented, "It is yet more fitting that a person who is leading an
animal by the halter, driving it or riding it incur a loss than a person who is
exercising his horse." (See hadith 4 of this book.)
Malik said, "What is done in our community about a person who digs a well on
a road or ties up an animal or does something similar on a road used by Muslims
is that since what he has done is included among the things which he is not
permitted to do in such a place, he is liable for whatever injury or other thing
arises from that action. The blood-money for anything less than a third of the
full blood-money is owed from his personal property. Whatever reaches a third or
more is owed by his tribe. Anything that he does which he is permitted to do on
the Muslims' roads is something for which he has no liability or loss. Such
things include a hole which a man digs to collect rain, and a beast from which
the man alights for some need and leaves standing on the road. There is no
penalty against anyone for such as this."
Malik spoke about a man who went down a well with another man following
behind him. The lower one pulled the higher one, and they both fell into the
well and died. He said, "The tribe of the one who pulled the other in is
responsible for the blood-money."
Malik spoke about a child whom a man ordered to go down a well or to climb a
palm tree and he died as a result. He said, "The one who ordered him is liable
for whatever befalls him, be it death or anything else."
Malik said, "The way of doing things in our community about which there is no
dispute is that women and children are not obliged to pay blood-money together
with the tribe in any blood-money which the tribe must pay. The blood-money is
only obligatory for men who have reached puberty."
Malik said that the tribe could bind themselves to the blood-money of
mawali if they wished. If they refused, they were people of the diwan
or were cut off from their people. In the time of the Messenger of Allah, may
Allah bless him and grant him peace, people paid the blood-money to each other,
as well as in the time of Abu Bakr as-Siddiq, before there was a diwan.
The diwan came about in the time of 'Umar ibn al-Khattab. No one other
than one's people and the ones holding the wala' paid blood-money for
someone because the wala' was not transferable and because the Prophet,
may Allah bless him and grant him peace, said, "The wala' belongs to the
one who sets free."
Malik commented, "The wala' is an established relationship."
Malik said, "What is done in our community about animals that are injured is
that the person who causes the injury pays the amount that their value has been
diminished."
Malik said about a man condemned to death who become liable to one of the
other hudud as well, "He is not punished for it. That is because killing
overrides everything, except for slander. Slander remains hanging over the one
to whom it was said because it will be said to him, 'Why do you not flog the one
who slandered you?' I think that a condemned man is flogged with the hadd before
he is killed, and then he is killed. I do not think that any retaliation is
inflicted on him for any injury except killing because killing overrides
everything else."
Malik said, "What is done in our community is that when a murdered person is
found among the main body of a people in a village or other place, the people of
the nearest house or place to him are not held responsible. That is because the
murdered person can be slain and then cast at the door of some people to shame
them by it. No one is responsible for something like that."
Malik said about a group of people who fight with each other and when the
fight is broken up, a man is found dead or wounded, and it is not known who did
it, "The best of what is heard about that is that there is blood-money for him,
and the blood-money is against the people who argued with him. If the injured or
slain person is not from either of the two parties, his blood-money is against
both of the two parties together."
43.19 Killing Secretly by Trickery and Sorcery
13 Yahya related to me from Malik from Yahya ibn Sa'id from Sa'id ibn
al-Musayyab that 'Umar ibn al-Khattab killed five or seven people for one man
whom they had killed secretly by trickery. 'Umar said, "Had all the people of
San'a joined forces against him, I would have counted them all together."
14 Yahya related to me from Malik from Muhammad ibn 'Abd ar-Rahman ibn Sa'd
ibn Zurara that he had heard that Hafsa, the wife of the Prophet, may Allah
bless him and grant him peace, killed one of her slave-girls who had used
sorcery against her. The girl was a mudabbara. Hafsa gave the order and
she was killed.
Malik commented, "The sorcerer is the one who uses sorcery on his own
account, not someone who has it done for him. It is like the one about whom
Allah, the Blessed, the Exalted, said in His s own account, not someone who has
it done for him. It is like the one about whom Allah, the Blessed, the Exalted,
said in His Book, 'They know that any who deal in it will have no share in
the Next World.' (2:102) I think that if someone practises it, he should be
killed."
43.20 What is Obligatory for Intentional Injury
15 Yahya related to me from Malik from 'Umar ibn Husayn, the mawla of
'A'isha bint Qudama, that 'Abd al-Malik ibn Marwan imposed retaliation against a
man who killed a mawla with a stick - and so the mawla's patron
killed the man with a stick.
Malik said, "The generally agreed on way of doing things in our community
about which there is no dispute is that when a man strikes another man with a
stick or hits him with a rock or intentionally strikes him causing his death,
that is an intentional injury and there is retaliation for it."
Malik said, "Intentional murder in our opinion is that a man intentionally
goes to a man and strikes him until his life departs. Part of intentional injury
also is that a man strikes a man in a quarrel between them. He leaves him while
he is alive and then he bleeds to death and so dies. There is retaliation for
that."
Malik said, "What is done in our community is that a group of free men are
killed for the intentional murder of one free man, and a group of women for one
woman, and a group of slaves for one slave."
43.21 Retaliation in Killing
Yahya related to me from Malik that he had heard that Marwan ibn al-Hakam
wrote to Mu'awiya ibn Abi Sufyan to mention to him that a drunkard had been
brought to him who had killed a man. Mu'awiya wrote to him to kill him in
retaliation for the dead man.
Yahya said that Malik said, "The best of what I have heard about the
interpretation of this ayat, the words of Allah, the Blessed, the
Exalted, 'The free man for the free man and the slave for the slave' - these
are men - 'and the female for the female' (2:178), is that retaliation is
between women as it is between men. The free woman is killed for the free woman
as the free man is killed for the free man. Slave-girls are slain for
slave-girls as the slave is slain for the slave. Retaliation is between women as
it is between men. That is because Allah, the Blessed, the Exalted, says in His
Book, 'We prescribed for them in it: is a life for a life, an eye for an eye,
a nose for a nose, and an ear for an ear, and a tooth for a tooth, and
retaliation for wounds.' (5:48). Allah, the Blessed, the Exalted, mentioned
that it is a life for a life. It is the life of a free woman for the life of a
free man, and her injury for his injury."
Malik said about a man who held a man fast so that another man could hit him,
and he died on the spot, "If he held him and he thought that he meant to kill
him, the two of them are both killed for him. If he held him thinking that he
meant to hit him as people sometimes do, and he did not think that he meant to
kill him, the murderer is slain and the one who held the victim is punished
severely and jailed for a year. There is no right to kill him."
Malik said about a man who murdered a man intentionally or gouged out his eye
intentionally, and then was slain or had his eye gouged out himself before
retaliation was inflicted on him, "There is no blood-money nor retaliation
against him. The right of the one who was killed or had his eye gouged out goes
when the thing which he is claiming as retaliation goes. It is the same with a
man who murders another man intentionally and then the murderer dies. When the
murderer dies, the one seeking blood revenge has no blood-money or anything
else. That is by the word of Allah, the Blessed, the Exalted, 'Retaliation is
prescribed for you in the case of people killed: free man for free man and slave
for slave.' (2:178)"
Malik said, "He only has retaliation against the one who killed him. If the
man who murdered him dies, he has no right to retaliation or blood-money."
Malik said, "There is no retaliation against a free man by a slave for any
injury. The slave is killed for the free man but the free man is not slain for
the slave, even if he murders him intentionally. This is the best of what I have
heard."
43.22 Pardoning Murder
Yahya related to me from Malik that those he was satisfied with among the
people of knowledge said about a man who willed that his murderer be pardoned
when he had murdered him intentionally, "That is permitted for him. He is more
entitled to the man's blood than any of his relatives after him."
Malik said about a man who pardoned murder after having previously claimed
his right and it was obliged for him to be paid, "There is no blood-money
against the murderer unless the one who pardons him actually stipulates that
when he pardons him."
Malik said about a murderer when he was pardoned, "He given flogged one
hundred lashes and jailed for a year."
Malik said, "When a man murders intentionally and there is a clear proof of
that, and the murdered man has sons and daughters and the sons pardon and the
daughters refuse to pardon, the pardon of the sons is permitted in opposition to
the daughters and the daughters have no authority over the sons in demanding
blood and pardoning."
43.23 Retaliation in Injury
Yahya said that Malik said, "The generally agreed on way of doing things in
our community is that retaliation is taken from someone who breaks someone's
hand or foot intentionally and not blood-money."
Malik said, "Retaliation is not inflicted on anyone until the wound of the
injured party has healed. Then retaliation is inflicted on him. If the wound of
the person on whom the retaliation has been inflicted is like the first person's
wound when it heals, it is retaliation. If the wound of the one on whom the
retaliation has been inflicted becomes worse or he dies, there is nothing held
against the one who has taken retaliation. If the wound of the person on whom
the retaliation has been inflicted heals and the injured party is paralysed or
his injury has healed but he has a scar, defect or blemish, the person on whom
the retaliation has been inflicted does not have his hand broken again and
further retaliation is not taken for his injury."
He also said, "But there is blood-money from him according to what he has
impaired or maimed of the hand of the injured party. The bodily injury is also
like that."
Malik said, "When a man intentionally goes to his wife and gouges out her eye
or breaks her hand or cuts off her finger or such like, and does it
intentionally, retaliation is inflicted on him. As for a man who strikes his
wife with a rope or a whip and hits what he did not mean to hit or does what he
did not intend to do, he pays blood-money for what he has struck according to
this principle, and retaliation is not inflicted on him."
Yahya related to me from Malik that he had heard that Abu Bakr ibn Muhammad
ibn 'Amr ibn Hazm took retaliation for the breaking of a leg.
43.24 The Blood-Money and Crime of the Slave Set Free and from whom his
Former Master Does not Inherit
Yahya related to me from Malik from Abu'z-Zinad from Sulayman ibn Yasar that
a slave was set free by one of the people on hajj and his master abandoned the
right to inherit from him. The ex-slave then killed a man from the Banu 'A'idh
tribe. An 'A'idhi, the father of the slain man, came to 'Umar ibn al-Khattab
seeking the blood-money of his son. 'Umar said, "He has no blood-money." The 'A'idhi
said, "What would you think if it had been my son who killed him?" 'Umar said,
"Then you would pay his blood-money." He said, "He is then like the black and
white Arqam snake. If it is left, it devours, and if it is killed, it takes
revenge."
Important note to learn and read quran online
The true knowledge of Islam is in reading quran online and bring the true succeed in to our daily life we should learn holy quran online as much as we could and not just in Arabic but try to understand the meaning of it so when ever we listen to quran online we can understand the Koran and learn how to read quran online it gives us the guidance to bring the purity in to our life with the true way and also spread the word of Islam and its knowledge to all over the world find holy quran reciter and more Islamic articles in this quran blog and feel free to spread it further as much as you could
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