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
bare the bone.
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
ash-Sham 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 the desert people. Silver is not
accepted from the people of gold and gold is not accepted
from the people of silver."
Section: 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."
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."
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 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 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 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 part of what does not have a specific blood-money for
it mentioned by the Prophet, may Allah bless him and grant
him peace, and if 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 returns to its
form. If there is any scar or mark in that, 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 a bone in the body, and it 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 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."
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."
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.
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.' "
Section: Injuries For Which There is Full Blood-Money
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."
Section: The Blood-Money for an Eye whose Sight is Lost
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.
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."
Section: General Section on the Blood-Money for Teeth
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."
Section: 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 for a kafir unless the muslim kills
him by deceit. Then he is killed for it."
Yahya related to me from Malik from Yahya ibn Said 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-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 of his full blood-money. The wound that opens
the head is a third of his blood-money. The belly-wound is
a third of his blood-money. All their injuries are
according to this calculation."
Section: Blood-Money that has to be Paid as an
Individual
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 pay blood-money
for accidental killing."
Yahya related to me from Malik that Ibn Shihab said,
"The precedent of the sunna is that the tribe are not
liable for any blood-money of an intentional killing
unless they wish that."
Yahya related to me from Malik from Yahya ibn Said the
same as that.
Malik said that Ibn Shihab said, "The precedent of the
sunna in the intentional murder is that when the relatives
of the murdered person relinquish 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 obliged against the tribe until it has
reached a third of the full amount and upwards. Whatever
reaches a third is against the tribe, and whatever is
below a third, is against the property of the one who did
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 that
blood-money is not due from the tribe unless they wish it.
The blood-money for that 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, said in His Book, 'Whoever has
something pardoned him by his brother, 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 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 below 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 liable for the
blood-money of an injury caused by the 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, the value for him is that of the day on which he
was killed. 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 far as it covers. If the value of the
slave is the blood-money or more, that is against him in
his property. That is because the slave is a certain type
of goods."
Section: Inheritance of Blood-Money and Dealing Harshly
in Taking 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 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 said, "The killing of Ashyam was
accidental."
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
profusely and he died. Suraqa ibn Jusham came to Umar ibn
al-Khattab and mentioned that to him Umar said to 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 Said ibn al-Musayyab
and Sulayman ibn Yasar were asked, "Does one deal more
harshly in taking the blood-money in the sacred month?"
They said, "No. But it is increased in it because of
violating the month." It was said to Said, "Does one
increase for the wound as one increases for the life?" He
said, "Yes."
Malik added, "I think that they meant the same as what
Umar ibn al-Khattab did with respect to the blood-money of
the Mudliji when he struck his son." (i.e. giving 120
camels instead of 100).
11 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 maternal uncles said, "We
brought him up 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 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 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."
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 bless
him and grant him peace, said, "The wound of an animal is
of no account and no compensation is due for it. The well
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 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 being done to it to make it kick out. Umar ibn
al-Khattab imposed the blood-money on a person who was
exercising his horse."
Malik said, "It is more fitting that a person 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 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 that he 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 beast from which the man alights
for some need and leaves standing on the road. There is no
penalty against anyone for this."
Malik spoke about a man who went down a well, and
another man followed behind him, and the lower one pulled
the higher one and they fell into the well and both died
He said, "The tribe of the one who pulled him in is
responsible for the blood-money."
Malik spoke about a child whom a man ordered to go down
into 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 something 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 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 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 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 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 said, "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 whatever of their value has been diminished."
Malik said about a man condemned to death and one of
the other hudud befell him, "He is not punished for it.
That is because the killing overrides all of that, except
for slander. The 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 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 body of a people
in a village or other place, the house or place of the
nearest people to him is not 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 the like of 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."
Yahya related to me from Malik from Yahya ibn Said from
Said 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 Sana joined
forces against him, I would have killed them all."
Yahya related to me from Malik from Muhammad ibn Abd
ar-Rahman ibn Sad 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. She was a mudabbara. Hafsa gave the order,
and she was killed.
Malik said, "The sorcerer is the one who uses sorcery
for himself and no one else uses 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."
Section: What Is Obligatory for Intentional Injury
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 with us is that a man
intentionally goes to a man and strikes him until his life
goes. 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 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."
Yahya related to me from Malik that he had heard that
Marwan ibn al-Hakam wrote to Muawiya ibn Abi Sufyan to
mention to him that a drunkard was brought to him who had
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, the word of
Allah, the Blessed, the Exalted, 'The free man for the
free man and the slave for the slave - these are men and
the woman for the woman,' (Sura 2 ayat 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. 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, and an ear
for an ear, and a tooth for a tooth, and for wounds there
is retaliation.' (Sura 5 ayat 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 for another
man to hit, 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 and he thought that he
meant to beat 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 him is punished with a very severe
punishment and jailed for 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 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 nothing of blood-money or anything else.
That is by the word of Allah, the Blessed the Exalted,
'Retaliation is written for you in killing. The free man
for the free man and the slave for the slave.' "
Malik said, "He only has retaliation against the one
who killed him. If the man who murdered him dies, he has
no retaliation or blood-money."
Malik said, "There is no retaliation held against a
free man by a slave for any injury. 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."
Yahya related to me from Malik that he saw whomever he
was satisfied with among the 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."
Malik said about a man who pardoned murder, after he
had claimed his right and it was obliged for him, "There
is no blood-money against the murderer unless the one who
pardons him stipulates that when he pardons him."
Malik said about the murderer when he was pardoned, "He
is 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 there is no authority for
the daughters with the sons in demanding blood and
pardoning."
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 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 Muhammd ibn Amr ibn Hazm took retaliation for
the breaking of a leg.
Section: 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 had 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."