MaliksMuwattaBook43.Blood-Money
MALIKSMUWATTABOOK43.BLOOD-MONEY
MaliksMuwatta Book 43, HadithNumber 1.
Section:MentionofBlood-Money.
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 andgranthimpeace,senttoAmribnHazmaboutblood-moneyhewrotethatitwasone hundred camels for a life, one hundred camels for a nose if completely removed, a third of the blood-moneyfor a wound in the brain, the same as thatfor a belly wound, fiftyfor 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 bare the bone.
MALIKSMUWATTABOOK43.BLOOD-MONEY
MaliksMuwatta Book 43, HadithNumber 2A.
Section:ProcedureinBlood-Money.
Malik relatedtomethat hehad heard thatUmar ibn al-Khattabestimatedthefullblood- moneyforthepeopleofurbanareas.Forthosewhohadgold,hemadeitonethousand dinars. and for those who had silver he made it ten thousand dirhams.
Maliksaid,“Thepeopleofgoldarethepeopleofash-ShamandthepeopleofEgypt. The people of silver are the people of Iraq.”
YahyarelatedtomefromMalikthatheheardthattheblood-moneywasdividedinto instalments over three or four years.
Maliksaid,“Threeisthemostpreferabletomeof whatIhaveheardon that.”
Malik said, “The generally agreed on way of doing things in our community is that camelsarenotacceptedfromthepeopleof citiesforblood-moneynorisgoldorsilver accepted from the desert people. Silver is not accepted from the people of gold and gold is not accepted from the people of silver.”
MALIKSMUWATTABOOK43.BLOOD-MONEY
MaliksMuwatta Book 43, HadithNumber 2B.
Section:TheBlood-MoneyforMurder,WhenAcceptedandtheCriminalActoftheInsane.
Yahyarelatedtomefrom MalikthatIbnShihabsaid,“Thefullblood-moneyformurder whenitisacceptedistwenty-fiveyearlings,twenty-fivetwo-year-olds,twenty-fivefour- year-olds, and twenty-five five-year-olds.”
MALIKSMUWATTABOOK43.BLOOD-MONEY
MaliksMuwatta Book 43, HadithNumber 3.
Section:TheBlood-MoneyforMurder,WhenAcceptedandtheCriminalActoftheInsane.
YahyarelatedtomefromMalikfromYahyaibnSaidthatMarwanibnal-Hakamwroteto Muawiya ibn Abi Sufyan that a madman was brought to him who had killed a man.
Muawiya wrotetohim,“Tiehimupanddonotinflictanyretaliationonhim. Thereisno retaliation against a madman.”
Maliksaidaboutanadultandachildwhentheymurderamantogether,“Theadultis killed and the child pays half the full blood-money.”
Maliksaid,“Itislikethatwithafreemanandaslavewhentheymurdera slave.The slave is killed and the freeman pays half of his value.”
MALIKSMUWATTABOOK43.BLOOD-MONEY
MaliksMuwatta Book 43, HadithNumber 4A.
Section:TheBlood-MoneyforManslaughter.
Yahya related to me from Malik from Ibn Shihab from Irak ibn Malik and Sulayman ibn Yasar that a man of the Banu Sad 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 fiftyoathsthathedidnotdieof it?”Theyrefusedandstopped themselvesfromdoingit. He said to the others, “Will you take an oath?” They refused, so Umar ibn al-Khattab gave a judgement that the Banu Sad had to pay half the full blood-money.
Maliksaid,“Onedoesnotactonthis.”
YahyarelatedtomefromMalik thatIbnShihab,SulaymanibnYasar,andRabiaibnAbi Abd ar-Rahman said, “The blood-money of manslaughter is twenty yearlings, twenty two-year-olds, twenty male two-year-olds, twenty four-year-olds, and twenty five-year- olds.”
Maliksaid,“The generallyagreedonwaywithusisthatthereisnoretaliationagainst children.Theirintentionisaccidental.Thehududarenotobligedforthemif theyhave
notyetreachedpuberty.If achildkillssomeoneitisonlyaccidentally.Hadachildand an adult killed a free man accidentally, each of them pays half the full blood-money.”
Malik said, “A person who kills someone accidentally pays blood-money with his property and there is no retaliation against 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 theblood-moneyisrelinquished,thatispermittedtohim.If allthepropertyhehasishis blood-money, he is permitted to relinquish a third of it and to make that a bequest.”
MALIKSMUWATTABOOK43.BLOOD-MONEY
MaliksMuwatta Book 43, HadithNumber 4B.
Section:TheBlood-MoneyforAccidentalInjury.
Malik related to me that the generally agreed on way of doing things amongst the community about an accident is that there is no blood-money until the victim is better. If aman’sbone,eitherahand,orafoot,oranotherpartofhisbody,isbrokenaccidentally and it heals and becomes sound and returns to its form, there is no blood-money for it.If the limbis impairedor thereis a scar on it,there isblood-moneyfor it accordingto the extent that it is impaired.
Malik said, “If that part of the body has a specific blood-money mentioned by the Prophet, may Allah bless him and grant him peace, it is according to what the Prophet, mayAllahblesshim andgranthimpeace,specified.If itispartofwhatdoesnothavea specific blood-money for it mentioned by the Prophet, may Allah bless him and grant himpeace,andifthereisnoprevioussunnaaboutitorspecificblood-money,oneuses ijtihad about it.”
Malik said, “There is no blood-money for an accidental bodily injury when the wound healsandreturnstoitsform.If thereisanyscarormarkinthat,ijtihadisusedaboutit except for the belly-wound. There is a third of the blood-money of a life for it.”
Maliksaid,“Thereisnoblood-moneyforthewoundwhichsplintersaboneinthebody, and it is like the wound to the body which lays bare the bone.”
Maliksaid,“Thegenerallyagreedonwayofdoingthingsinourcommunityisthatwhen the doctor performs a circumcision and cuts off the glans, he must pay the full blood- money. That is because it is an accident which the tribe is responsible for, and the full blood money is payable for all that in which a doctor errs or exceeds, when it is not
intentional.”
MALIKSMUWATTABOOK43.BLOOD-MONEY
MaliksMuwatta Book 43, HadithNumber 4C.
Section:TheBlood-MoneyofWomen.
Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab said, “Theblood-moneyforawomanisthesameasforamanuptoonethirdoftheblood-
money.Herfingerislikehisfinger,hertoothislikehistooth,herinjurywhichlaysbare 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 Said ibn al-Musayyab said about a woman. Her blood-money from a man is thesameuptoathirdof theblood-moneyofaman.If whatsheisowedexceedsathird of the blood-money of the man, she is given up to half of the blood-money of a man.
Maliksaid,“Theexplanationofthatisthatshehasblood-moneyforaheadwoundthat lays bare the bone and one that splinters the bone and for what is less than the brain wound and the belly wound and the like of that of those which obliges a third of the blood-moneyormore.Iftheamountowedherexceedsthat,herblood-moneyinthatis half of the blood-money of a man.”
Yahya related to me from Malik that he heard Ibn Shihab say, “The precedent of the sunnawhenamaninjuresawomanisthathemustpaytheblood-moneyforthatinjury and there is no retaliation against him.”
Maliksaid,“Thatisanaccidentalinjury,whenamanstrikesawomanandhitswitha blowwhathedidnotintend,forinstance,ifhestruckherwithawhipandcuthereye open and the like of that.”
Malik said about a woman who has a husband and children who are not from her paternal relatives or her people, that since he is from another tribe, there is no blood- money against her husband for her criminal action, nor any against her children if they are not from her people, nor any against her maternal brothers when they are not from her paternal relations or her people. These are entitled to her inheritance but only the paternalrelationshavepaidblood-moneyfromsincethetimeof theMessengerofAllah, 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.”
MALIKSMUWATTABOOK43.BLOOD-MONEY
MaliksMuwatta Book 43, HadithNumber 5.
Section:TheBlood-MoneyfortheFoetus.
Yahya related tomefrom MalikfromIbnShihabfrom AbuSalamaibn Abd ar-Rahman ibn Awf from Abu Hurayra that a woman from the Hudhayl tribe threw a stone at a woman from the same tribe, and she had a miscarriage. The Messenger of Allah, may Allahblesshimandgranthimpeace,gaveajudgementthataslaveorslave-girloffair complexion and excellence should be given to her.
MALIKSMUWATTABOOK43.BLOOD-MONEY
MaliksMuwatta Book 43, HadithNumber 6A.
Section:TheBlood-MoneyfortheFoetus.
Yahya related to me from Malik from Ibn Shihab from Said ibn al-Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, gave a judgement that thecompensationforafoetuskilledinitsmother’swombwasa slaveorslave-girloffair complexion and excellence. The one against whom the judgement was given said,“WhyshouldIpaydamagesforthatwhichdidnotdrinkoreatorspeakormakeanycry. 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.
Yahya related tomefrom Malik thatRabiaibn AbiAbdar-Rahmansaid, “Theslave of faircomplexionandexcellenceisestimatedatfiftydinarsorsixhundreddirhams.The blood-moneyof afreemuslimwomanisfivehundreddinarsorsixthousanddirhams.”
Maliksaid,“Theblood-moneyof thefoetusofafreewomanisatenthofherblood- money. The tenth is fifty dinars or six hundred dirhams.”
Maliksaid,“Ihavenotheardanyonedisputethatthereisnoslaveincompensationfor the foetus until it leaves its mother’s womb and falls still-born from her womb.”
Maliksaid,“Iheardthatifthefoetuscomesoutofitsmother’swombaliveandthen 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 wombandcriesoutandthendies,thecompleteblood-moneyisdueforit.Wethinkthat the slave-girl’s foetus has a tenth of the price of the slave-girl.”
Malik said, “Whena womanmurders amanor woman,and themurderess is pregnant, retaliationisnottakenagainstheruntilshehasgivenbirth.Ifawomanwhoispregnant 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 womanwhichwasaborted.Hesaid,‘Ithinkthatthereisatenthof theblood-moneyof the mother for it.’”
MALIKSMUWATTABOOK43.BLOOD-MONEY
MaliksMuwatta Book 43, HadithNumber 6B.
Section:InjuriesForWhichThereisFullBlood-Money.
YahyarelatedtomefromMalikfromIbnShihabthatSaidibnal-Musayyabusedtosay, “Thefullblood-moneyis payablefor cuttingoff both lips,but when the lower oneonlyis cut off, two-thirds of the blood-money is due for it.”
Yahya related to me from Malik that he asked Ibn Shihab about the one-eyed man who gougedouttheeyeofahealthyperson.IbnShihabsaid,“Ifthehealthypersonwantsto 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 was payable for bothofapairofanythinginamanthatoccurredinpairs,andthetonguehadfullblood- money. The ears, when their hearing departed, had full blood-money, whether or not they were cut off, and a man’s penis had full blood-money and the testicles had full blood-money.
YahyarelatedtomefromMalikthatheheardthatthebreastsofawomanhadfull blood-money.
Maliksaid,“Theleastof thataretheeyebrowsandaman’sbreasts.”
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 thatitishisright.If hishands,feet,andeyesareallinjured,hehasthreefull blood-moneys.”
Maliksaidaboutthesoundeyeofaone-eyedmanwhenitisaccidentallygougedout, “The full blood-money is payable for it.”
MALIKSMUWATTABOOK43.BLOOD-MONEY
MaliksMuwatta Book 43, HadithNumber 6C.
Section:TheBlood-MoneyforanEyewhoseSightis Lost.
Yahya related to me from Malik from Yahya ibn Said from Sulayman ibn Yasar that ZaydibnThabitusedtosay,“Whentheeyeremainsbutthesightislost,onehundred 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 in that unless the vision of the eye is impaired.Heisentitledtoanamountthatiscompatibletotheextentthevisionofthe eye has been impaired.”
YahyasaidthatMaliksaid,“Whatisdoneinourcommunityaboutremovingthebadeye of a one-eyed man when it has already been blinded and still remains there in its place and the paralysed hand when it is cut off, is that there is only ijtihad in that, and there is no prescribed blood-money.”
MALIKSMUWATTABOOK43.BLOOD-MONEY
MaliksMuwatta Book 43, HadithNumber 6D.
Section:TheBlood-MoneyforHeadWounds.
YahyarelatedtomefromMalikthatYahyaibnSaidheardSulaymanibnYasarmention 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 is increased by one half of the blood-money of the 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 the head wound with splinters has fifteencamels.”Heexplained,“Theheadwoundwithsplintersisthatfromwhichpieces of bone fly off and which does not reach the brain. It can be in the head or the face.”
Maliksaid,“Thegenerallyagreedonwayofdoingthingsinourcommunity,isthatthere is no retaliation for a wound to the brain or a belly wound, and Ibn Shihab has said,
‘Thereisnoretaliationforawoundtothebrain.’”
Malikexplained,“Thewoundtothebrainiswhatpiercesthebonestothebrain.This type of wound only occurs in the head. It is that which reaches the brain when the bones are pierced.”
Maliksaid,“Whatisdoneinourcommunityisthatthereisnoblood-moneypaidon any head wound less than one which lays bare the skull. Blood-money is payable only for the head wound that bares the bone and what is worse than that. That is because the Messenger of Allah, may Allah bless him and grant him peace, stopped at the head woundwhichbaredtheboneinhislettertoAmribnHazm.Hemadeitfivecamels.The imams, past and present, have not made any blood-money payable for injuries less than the head wound which bares the bone.”
YahyarelatedtomefromMalikfromYahyaibnSaid,thatSaidibnal-Musayyabsaid, “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 agreedonwayofdoingthingsregardingapiercingwoundinanyoftheorgansorlimbs of the body, but I think that there is ijtihad in the case. The imam uses ijtihad in it, and there is no generally agreed on way of doing things in our community about it.”
Maliksaid,“Whatisdoneinourcommunityaboutthewoundtothebrainandthewound which splinters the bone, and the wound that bares the bone is that they apply only to the head and face. Whatever of that occurs in the body only has ijtihad in it.”
Maliksaid,“Idonotthinkthelowerjawandthenosearepartoftheheadintheirinjury because they are separate bones, and except for them the head is one bone.”
YahyarelatedtomefromMalikfromRabiaibnAbiAbdar-RahmanthatAbdullahibn az-Zubayr allowed retaliation for a head wound which splintered the bone.
MALIKSMUWATTABOOK43.BLOOD-MONEY
MaliksMuwatta Book 43, HadithNumber 6E.
Section:TheBlood-MoneyforFingers.
ibnAbiAbdar-Rahmansaid,“IaskedSaidibnalMusayyab,‘Howmuchforthefingerof a woman?’ He said, ‘Ten camels’ I said, ‘How much for two fingers?’ He said, ‘Twenty camels.’ I said, ‘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 said, ‘Are you an Iraqi?’ I said, ‘Rather, Iam a scholar who seeks to verify things, or an ignorant man who seeks to learn.’ Said 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 its blood-money is complete. That is because when five fingers are cut, their blood-moneyistheblood-moneyofthehand|fiftycamels.Eachfingerhastencamels.”
Maliksaid,“Thereckoningofthefingersisthirty-threedinarsforeachfingertip,andthat is three and a third shares of camels.”
MALIKSMUWATTABOOK43.BLOOD-MONEY
MaliksMuwatta Book 43, HadithNumber 7.
Section:GeneralSectionontheBlood-MoneyforTeeth.
Yahya related to me from Malik from Zayd ibn Aslam from Muslim ibn Jundub from Aslam,themawlaofUmaribnal-KhattabthatUmaribnal-Khattabdecidedonacamel for a molar, a camel for a collar-bone, and a camel for a rib.
Yahya related to me from Malik that Yahya ibn Said heard Said ibn al-Musayyab say, ”Umaribnal-Khattabdecidedonacamelforeachmolar,andMuawiyaibnAbiSufyan decided on five camels for each molar.”
Said ibn al-Musayyab said, “The blood-money is less in the judgement of Umar ibn al- Khattab and more in the judgement of Muawiya. Had it been me, I would have made it twocamelsforeachmolar.Thatisthefairblood-money,andeveryonewhostriveswith ijtihad is rewarded.”
Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab used to say,’‘Whenatoothisstruckandbecomesblack,thereiscompleteblood-moneyforit.If it falls out after it becomes black, there is also the complete blood-money for it.”
MALIKSMUWATTABOOK43.BLOOD-MONEY
MaliksMuwatta Book 43, HadithNumber 8A.
Section:ProcedureintheBlood-MoneyforTeeth.
Yahya related to me from Malik from Da’ud ibn al-Husayn that Abu Ghatafan ibn Tarif al-MurriinformedhimthatMarwanibnal-HakamsenthimtoAbdullahibnAbbastoask 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 make front teeth like molars?” Abdullah ibn Abbas said, “It is enough that you take the fingers as the example for that, their blood-moneys being all the same.”
YahyarelatedtomefromMalikfromHishamibnUrwathathisfathermadealltheteeth the same in the blood-money and did not prefer any kind over others.
Maliksaid,“Whatisdoneinourcommunityisthatthefrontteeth,molars,andeye-teeth have the same blood-money. That is because the Messenger of Allah, may Allah bless
himandgranthimpeace,said,‘Thetoothhasfivecamels.’Themolarisoneofthe teeth and he did not prefer any kind over the others.”
MALIKSMUWATTABOOK43.BLOOD-MONEY
MaliksMuwatta Book 43, HadithNumber 8B.
Section:TheBlood-MoneyforInjuriestoSlaves.
Yahya related to me from Malik that he had heard that Said ibn al-Musayyab and SulaymanibnYasarsaid,“Theheadwoundoftheslaveinwhichtheboneisbaredisa twentieth of his price.”
MalikrelatedtomethathehadheardthatMarwanibnal-Hakamgaveadecisionabout a slave who was injured that the person who injured him had to pay what he had diminished of the value of the slave.
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 is three twentieths of his price. Both the wound to the brain and the belly wound are a third of his price. Besides these four, any other types of injury that decrease the price of the slave are considered after the slave is better and well, and one sees what thevalueoftheslaveisafterhisinjuryandwhathisvaluewholewasbeforehehadthe injury. Then the one who injured him pays the difference between the two values.”
MALIKSMUWATTABOOK43.BLOOD-MONEY
MaliksMuwatta Book 43, HadithNumber 8C.
Section:TheBlood-MoneyofthePeopleofProtection(Dhimma).
YahyarelatedtomefromMalikthatheheardthatUmaribnAbdal-Azizgaveadecision that when a jew or christian was killed, his blood-money was half the blood-money of a free muslim.
Maliksaid,“Whatisdoneinourcommunity,isthatamuslimisnotkilledforakafir unless the muslim kills him by deceit. Then he is killed for it.”
YahyarelatedtomefromMalikfromYahyaibnSaidthatSulaymanibnYasarsaid, “The blood-money of a magian is eight hundred dirhams.”
Maliksaid,“Thisiswhatisdoneinourcommunity.”
Malik said, “The blood-monies of the jew, christian, and magian in their injuries, is according to the injury of the muslims in their blood-moneys. The head wound is a twentieth ofhisfullblood-money.Thewoundthatopenstheheadisathirdof hisblood- money. The belly-wound is a third of hisblood-money. All their injuries are according to this calculation.”
MALIKSMUWATTABOOK43.BLOOD-MONEY
MaliksMuwatta Book 43, HadithNumber 8D.
Section:Blood-MoneythathastobePaidasanIndividual.
YahyarelatedtomefromMalikfromHishamibnUrwathathisfathersaid,“Thetribeis not obliged to pay blood-money for intentional murder. They pay blood-money for accidental killing.”
Yahya related to me from Malik that Ibn Shihab said, “The precedent of the sunna is thatthetribearenotliableforanyblood-moneyof anintentionalkillingunlesstheywish that.”
YahyarelatedtomefromMalikfromYahyaibnSaidthesameasthat.
Malik said that IbnShihab said, “The precedentof the sunna intheintentional murder is thatwhentherelativesofthemurderedpersonrelinquishretaliation,theblood-moneyis 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 obliged against the tribe until it has reached a third of the full amount and upwards. Whatever reachesathirdisagainstthetribe,andwhateverisbelowathird,isagainsttheproperty of the one who did the injury.”
Malik said, “The way of doing things about which there is no dispute among us, in the caseofsomeonewhohastheblood-moneyacceptedfromhiminintentionalmurderor in any injury in which there is retaliation, is that that blood-money is not due from the tribe unless they wish it. The blood-moneyforthat is 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.”
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 any blood-money incurred by intentional acts. Part of what is well-known of that is that Allah, the Blessed, and the Exalted,saidinHisBook,‘Whoeverhassomethingpardonedhimbyhisbrother,should follow it with what is accepted and pay it with good will’ (Sura 2 ayat 178) The
commentary on that – in our view – and Allah knows best, is that whoever gives his brothersomethingoftheblood-money,shouldfollowitwithwhatisacceptedandpay him with good will.”
Malik spokeabouta child who hadnopropertyand a woman who had no property. He said, “When one of them causes an injurybelow a third of the 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. The tribe does not have to pay any of it and the father of a child is not liablefortheblood-moneyof aninjurycausedbythechildandheisnotresponsiblefor it.”
Malik said, “The wayof doing things in our communityabout which there is no dispute, isthatwhenaslaveiskilled,thevalueforhimisthatofthedayonwhichhewaskilled. The tribe of the murderer is not liable for any of the value of the slave, great or small.
That is the responsibility of the one who struck him from his own personal property as farasitcovers.If thevalueof theslaveistheblood-moneyormore,thatisagainsthim in his property. That is because the slave is a certain type of goods.”
MALIKSMUWATTABOOK43.BLOOD-MONEY
MaliksMuwatta Book 43, HadithNumber 9.
Section:InheritanceofBlood-MoneyandDealingHarshlyinTaking It.
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 inform me.” Ad- Dahhak ibn Sufyan al-Kilabi stood up and said, “The Messenger of Allah, may Allah blesshimandgranthimpeace,wrotetomethatthewifeofAshyamad-Dibabiinherited 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.
IbnShihabsaid,“ThekillingofAshyamwasaccidental.”
MALIKSMUWATTABOOK43.BLOOD-MONEY
MaliksMuwatta Book 43, HadithNumber 10.
Section:InheritanceofBlood-MoneyandDealingHarshlyinTaking It.
Malik related to me from Yahya ibn Said from Amr ibn Shuayb that a man of the Banu Mudlij called Qatada threw a sword at his son and it struck his thigh. The wound bled profuselyand he died.Suraqa ibnJushamcame to Umar ibnal-Khattaband mentioned that to him Umar said to him, “At the watering place of Qudayd count one hundred and twentycamelsandwaituntilIcometoyou.”WhenUmaribnal-Khattabcametohim,he
tookthirtyfour-year-oldcamels,thirtyfive-year-oldcamels,andfortypregnantcamels fromthem.Thenhesaid,“Whereisthebrotheroftheslainman?”Hesaid,“Here.”He said, “Take them.TheMessenger of Allah, mayAllah bless him and grant him peace, said, ‘The killer gets nothing.’”
MaliksaidthathehadheardthatSaidibnal-MusayyabandSulaymanibnYasarwere asked, “Does one deal moreharshlyin taking the blood-moneyin the sacred month?” They said, “No. But it is increased in it because of violating the month.” It was said to Said, “Does one increasefor the wound asone increasesforthelife?” He said,“Yes.”
Malikadded,“IthinkthattheymeantthesameaswhatUmaribnal-Khattabdidwith respect to the blood-money of the Mudliji when he struck his son.” (i.e. giving 120 camels instead of 100).
MALIKSMUWATTABOOK43.BLOOD-MONEY
MaliksMuwatta Book43,Hadith Number 11.
Section:InheritanceofBlood-MoneyandDealingHarshlyinTaking It.
Malik related to me from Yahya ibn Said 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 took him and killed him. His maternalunclessaid,“Webroughthimupfromababytoayouthtillhestoodfirmonhis feet, and we have had the right of a man taken from us by his paternal uncle.” Urwa
said,“Forthatreasonakillerdoesnotinheritfromtheonehekilled.”
Malik said, “The way of doing things about which there is no dispute is that the intentional murderer does not inherit anything of the blood-money of the person he has murdered or 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 anything 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 andinordertotakehisproperty.Ipreferthatheinheritfromthedeadperson’sproperty and not inherit from the blood-money.”
MALIKSMUWATTABOOK43.BLOOD-MONEY
MaliksMuwatta Book 43, HadithNumber 12.
Section:GeneralSectiononBlood-Money.
Yahya related to me from Malik from Ibn Shihab from Said ibn al-Musayyab and Abu Salama ibn Abd ar-Rahman from Abu Hurayra that the Messenger of Allah, may Allah blesshim andgranthimpeace,said,“Thewoundofananimalisofnoaccountandno compensationisdueforit.Thewellisofnoaccountandnocompensationisdueforit.
Themineisofnoaccountandnocompensationisdueforitandafifthisdueforburied treasures.” (Al-kanz – see Book 17).
Malik said, “Everyone leading an animal by the halter, driving it, and riding it is responsible for what the animal strikes unless the animal kicks out without anything beingdonetoittomakeitkickout.Umaribnal-Khattabimposedtheblood-moneyona person who was exercising his horse.”
Maliksaid,“Itismorefittingthatapersonleadingananimalbythehalter,drivingit,or riding it incur a loss than a person who is exercising his horse.” (See hadith 4 of this book).
Malik said, “What isdone inour communityabouta personwho digs a well on a roador ties up an animal or does the like of that on a road used by muslims, is that since what he has done is included in that 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 of that which is less than a third of the full blood-money is owed from his own personal property. Whatever reaches a third or more, is owed by his tribe. Any such things thathe does which he is permitted to do on the muslims’ road are something for which he has no liability or loss. Part of that is a hole which a man digs to collect rain, and the beastfromwhichthemanalightsforsomeneedandleavesstandingontheroad.There is no penalty against anyone for this.”
Malikspokeaboutamanwhowentdownawell,andanothermanfollowedbehindhim, and the lower one pulled the higher one and they fell into the well and both died He
said,“Thetribeoftheonewhopulledhiminisresponsiblefortheblood-money.”
Malikspokeaboutachildwhomamanorderedtogodownintoawellortoclimba 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 something else.”
Maliksaid,“Thewayofdoingthingsinourcommunityaboutwhichthereisnodisputeis that women and children are not obliged to pay blood-money together with the tribe in the blood-moneys which the tribe must pay. The blood-money is only obligatory for a man who has reached puberty.”
Malik said that the tribe could bind themselves to the blood-money of mawali if they wished. If theyrefused, theywere people of the diwan or were cutofffrom theirpeople. InthetimeoftheMessenger ofAllah,mayAllahblesshimandgranthimpeace,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 was 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 one because thewala’wasnottransferableandbecausetheProphet,mayAllahblesshimandgrant him peace, said, “The wala’ belongs to the one who sets free.”
Maliksaid,“Thewala’isanestablishedrelationship.”
Maliksaid,“Whatisdoneinourcommunityaboutanimalsthatareinjuredisthatthe person who causes the injury pays whatever of their value has been diminished.”
Malik said abouta man condemned to deathandone of the other hudud befell him, “He is not punished for it. That is because the killing overrides all of that, except for slander. Theslanderremainshangingovertheonetowhomitwassaidbecauseitwillbesaidto him, ‘Whydo you not flog the one who slandered you?’ I think that the 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 all of that.”
Malik said, “What is done in our community is that when a murdered person is found among the main bodyof a people in a village or other place, the house or place of the nearestpeopletohimisnotresponsible.Thatisbecausethemurderedpersoncanbe slain and then cast at the door of some people to shame them by it. No one is responsible for the like of that.”
Malik said about a group of people who fight with each other and when the fight is brokenup,amanisfounddeadorwounded,anditisnotknownwhodidit,“Thebestof 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.”
MALIKSMUWATTABOOK43.BLOOD-MONEY
MaliksMuwatta Book 43, HadithNumber 13.
Section:KillingSecretlybyTrickeryandSorcery.
YahyarelatedtomefromMalikfromYahyaibnSaidfromSaidibnal-Musayyabthat Umar ibn al-Khattab killed five or seven people for one man whom they had killed
secretlybytrickery.Umarsaid,“HadallthepeopleofSanajoinedforcesagainsthim,I would have killed them all.”
MALIKSMUWATTABOOK43.BLOOD-MONEY
MaliksMuwatta Book 43, HadithNumber 14.
Section:KillingSecretlybyTrickeryandSorcery.
Yahya related to me from Malik from Muhammad ibn Abd ar-Rahman ibn Sad ibn ZurarathathehadheardthatHafsa,thewifeoftheProphet,mayAllahblesshimand grant him peace, killed one of her slave-girls who had used sorcery against her. She was a mudabbara. Hafsa gave the order, and she was killed.
Maliksaid,“Thesorcereristheonewhousessorceryforhimselfandnooneelseuses that for him. It is like the one about whom Allah, the Blessed, the Exalted, said in His Book, ‘They know the one who devotes himself to it will have no share in the Next World.’ (Sura 2 ayat 102) I think that that person is killed if he does that himself.”
MALIKSMUWATTABOOK43.BLOOD-MONEY
MaliksMuwatta Book 43, HadithNumber 15A.
Section:WhatIsObligatoryforIntentionalInjury.
Yahya related to me from Malik from Umar ibn Husayn, the mawla of A’isha bint Qudama,thatAbdal-MalikibnMarwanimposedretaliationagainstamanwhokilleda 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 thereisnodisputeisthatwhenamanstrikesanothermanwithastickorhitshimwitha rock or intentionally strikes him causing his death, that is an intentional injury and there is retaliation for it.”
Malik said, “Intentional murder with us is that a man intentionally goes to a man and strikeshimuntilhislifegoes.Partof intentionalinjuryalsoisthatamanstrikesamanin a quarrel between them. He leaves him while heis alive, and he bleedstodeathandso dies. There is retaliation for that.”
Malik said, “What isdone inour communityis thata groupof freemen arekilledfor the intentionalmurderofonefreeman,andagroup ofwomenforonewoman,andagroup of slaves for one slave.”
MALIKSMUWATTABOOK43.BLOOD-MONEY
MaliksMuwatta Book 43, HadithNumber 15B.
Section:RetaliationinKilling.
Yahya related to me from Malik that he had heard that Marwan ibn al-Hakam wrote to MuawiyaibnAbiSufyantomentiontohimthatadrunkardwasbroughttohimwhohad killed a man. Muawiya wrote to him to kill him in retaliation for the dead man.
Yahya said that Malik said, “The best of what I have heard on the interpretation of this ayat,thewordof Allah,theBlessed,theExalted,‘Thefreemanforthefreemanandthe slavefortheslave – thesearemenandthewomanforthewoman,’(Sura2ayat178)is that retaliation is between women as itis betweenmen.Thefree womanis killedfor the free woman as the free man is killed for the free man. The slave-girl is slain for the slave-girl 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, said in His Book, ‘We
have written for them in it that it is a life for a life and an eye for an eye, a nose for a nose,andanearforanear,andatoothforatooth,andforwoundsthereisretaliation.’ (Sura 5ayat 48)Allah,the Blessed, the Exalted, mentioned that it isa lifefor a life.It is the life of a free woman for the life of a free man, and her injury for his injury.”
Maliksaidaboutamanwhoheldamanfastforanothermantohit,andhediedonthe spot, “If heheld him and hethought thathemeantto kill him, thetwo of them areboth killed for him. If he held him and he thought that he meant to beat him as people sometimes do, andhedid not think thathemeantto kill him, themurderer is slain and theonewho heldhimis punishedwith a verysevere punishmentand jailedfor a year. There is no killing against 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 wasinflictedonhim,“Thereisnoblood-moneynorretaliationagainsthim.Therightof 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 nothing of blood-money or anything else. That is by the word of Allah,theBlessedtheExalted,‘Retaliationiswrittenforyouinkilling.Thefreemanfor the free man and the slave for the slave.’”
Maliksaid,“Heonlyhasretaliationagainsttheone whokilledhim.Ifthemanwho murdered him dies, he has no retaliation or blood-money.”
Maliksaid,“Thereisnoretaliationheldagainstafreemanbyaslaveforanyinjury.The slave is killed for the free man when he intentionally murders him. The free man is not slain for the slave, even if he murders him intentionally. It is the best of what I have heard.”
MALIKSMUWATTABOOK43.BLOOD-MONEY
MaliksMuwatta Book 43, HadithNumber 15C.
Section:PardoningMurder.
YahyarelatedtomefromMalikthathesawwhomeverhewassatisfiedwithamongthe people of knowledge say about a man who willed that his murderer be pardoned when he murdered him intentionally, “That is permitted for him. He is more entitled to the man’s blood than any of his relatives after him.”
Maliksaidaboutamanwhopardonedmurder,afterhehadclaimedhisrightanditwas obliged for him, “There is no blood-money against the murderer unless the one who pardons him stipulates that when he pardons him.”
Maliksaidaboutthemurdererwhenhewaspardoned,“Heisfloggedonehundred lashes and jailed for a year.”
Maliksaid,“Whenamanmurdersintentionallyandthereisaclearproofofthat,andthe 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 there is no authority for the daughters with the sons in demanding blood and pardoning.”
MALIKSMUWATTABOOK43.BLOOD-MONEY
MaliksMuwatta Book 43, HadithNumber 15D.
Section:RetaliationinInjury.
Yahya said that Malik said, “The generally agreed on way of doing things in our communityisthatretaliationistakenfromsomeonewhobreakssomeone’shandorfoot intentionally and not blood-money.”
Maliksaid,“Retaliationisnotinflictedonanyoneuntilthewoundoftheinjuredpartyhas 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.”
Hesaid,“Butthereisblood-moneyfromhimaccordingto whathehasimpairedor maimed of the hand of the injured party. The bodily injury is also like that.”
Maliksaid,“Whenamanintentionallygoestohiswifeandgougesouthereyeorbreaks her hand or cuts off her finger or such like, and does it intentionally, retaliation isinflictedonhim.Asforamanwhostrikeshiswifewitha ropeorawhipandhitswhathe 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.”
YahyarelatedtomefromMalikthathehadheardthatAbuBakribnMuhammdibnAmr ibn Hazm took retaliation for the breaking of a leg.
MALIKSMUWATTABOOK43.BLOOD-MONEY
MaliksMuwatta Book 43, HadithNumber 15E.
Section:TheBlood-MoneyandCrimeoftheSlaveSetFreeandfromWhomhisFormerMaster does Not Inherit.
Yahyarelatedtomefrom MalikfromAbu’z-ZinadfromSulaymanibnYasarthataslave was set free by one of the people on hajj and his master had abandoned the right to inheritfromhim.Theex-slavethenkilledamanfromtheBanuA’idhtribe.AnA’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 isthen like the blackand whiteArqam snake. If it is left, it devours andif it is killed, it takes revenge.”
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