Yahya related to me from Malik from Yahya ibn Said that Marwan
ibn al-Hakam wrote to Muawiya ibn Abi Sufyan that a madman was brought
to him who had killed a man. Muawiya 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
freeman and a slave when they murder a slave. The slave is killed and
the freeman pays half of his value."
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
fifty oaths that he did not die of it?" They refused and stopped
themselves 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 Sad 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 Rabia ibn Abi 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."
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 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 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."
Yahya related to me from Malik from Yahya ibn Said that Said 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 bare 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 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 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-money or more. If the amount owed her exceeds that, her blood-
money in that is half of the 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 an accidental injury, when a man strikes a
woman and hits with a blow what he did not intend, for instance, if he
struck her with a whip and cut her eye 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 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."
USC-MSA web (English) reference : Book 43, Hadith 4
Hadith 515680
Chapter 43: Blood-Money - كتاب العقول
وَحَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنِ ابْنِ شِهَابٍ، عَنْ أَبِي سَلَمَةَ بْنِ عَبْدِ الرَّحْمَنِ بْنِ عَوْفٍ، عَنْ أَبِي هُرَيْرَةَ، أَنَّ امْرَأَتَيْنِ، مِنْ هُذَيْلٍ رَمَتْ إِحْدَاهُمَا الأُخْرَى فَطَرَحَتْ جَنِينَهَا فَقَضَى فِيهِ رَسُولُ اللَّهِ صلى الله عليه وسلم بِغُرَّةٍ عَبْدٍ أَوْ وَلِيدَةٍ .
Yahya related to me from Malik from Ibn Shihab from Abu Salama
ibn 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 Allah bless him and
grant him peace, gave a judgement that a slave or slave-girl of fair
complexion and excellence should be given to her.
USC-MSA web (English) reference : Book 43, Hadith 5
Hadith 515690
Chapter 43: Blood-Money - كتاب العقول
وَحَدَّثَنِي عَنْ مَالِكٍ، عَنِ ابْنِ شِهَابٍ، عَنْ سَعِيدِ بْنِ الْمُسَيَّبِ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَضَى فِي الْجَنِينَ يُقْتَلُ فِي بَطْنِ أُمِّهِ بِغُرَّةٍ عَبْدٍ أَوْ وَلِيدَةٍ فَقَالَ الَّذِي قُضِيَ عَلَيْهِ كَيْفَ أَغْرَمُ مَا لاَ شَرِبَ وَلاَ أَكَلْ وَلاَ نَطَقَ وَلاَ اسْتَهَلّ وَمِثْلُ ذَلِكَ بَطَلْ . فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم
" إِنَّمَا هَذَا مِنْ إِخْوَانِ الْكُهَّانِ " .
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 the compensation for a foetus killed
in its mother's womb was a slave or 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.
Yahya related to me from Malik that
Rabia ibn Abi Abd ar-Rahman said, "The slave of fair complexion and
excellence 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 still-born 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.' "
Yahya related to me from Malik from Ibn Shihab that Said 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 about the one-eyed man who 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 was payable for both of a pair of anything in a man that
occurred in pairs, and the tongue had full blood-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.
Yahya related to me from Malik that he
heard that the breasts of a woman had 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 it is his right. 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
accidentally gouged out, "The full blood-money is payable for it."
Yahya related to me from Malik from Yahya ibn Said 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 in
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 there is only ijtihad in
that, and there is no prescribed blood-money."
Yahya related to me from Malik that Yahya ibn Said 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 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
fifteen camels." He explained, "The head wound with splinters is that
from which pieces of bone fly off and 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 what
pierces the bones to the brain. This type of wound only occurs in the
head. It is that which reaches the brain when the bones are 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 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
wound which bared the bone in his letter to Amr ibn Hazm. He made 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 Said,
that Said 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 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."
Malik said, "What is done in our
community about the wound to the brain and the wound 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."
Malik said, "I do not think the lower jaw and
the nose are part of the head in their injury because they are
separate bones, and except for them the head is one bone."
Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman that
Abdullah ibn az-Zubayr allowed retaliation for a head wound which
splintered the bone.
USC-MSA web (English) reference : Book 43, Hadith 6
Hadith 515780
Chapter 43: Blood-Money - كتاب العقول
ibn Abi Abd ar-Rahman said, "I asked Said ibn al Musayyab, 'How
much for the finger of 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, I am 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-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."
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 on 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 Said heard Said ibn al-Musayyab say, ''Umar ibn al-Khattab
decided on a camel for each molar, and Muawiya ibn Abi Sufyan 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
two camels for each molar. That is the fair blood-money, and every one
who strives with ijtihad is rewarded."
Yahya related to me
from Malik from Yahya ibn Said that Said 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."
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
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."
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."
Yahya related to me from Malik that he had heard that Said ibn
al-Musayyab and Sulayman ibn Yasar said, "The head wound of the 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 about 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 the value of the slave is after his injury and what
his value whole was before he had the injury. Then the one who injured
him pays the difference between the two values."
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
for a kafir unless the muslim kills him by deceit. Then he is killed
for it."