Bloodmonei
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Bloodmonei References or Citations
In Quran
nothing found
In Hadith Text Books
Bloodmonei In Sahih AlBukhari
| Hadith Page | Arabic Text | English Translation | Book and Chapter |
|---|---|---|---|
| SahihAlBukhari-017-001-1745 | Narrated Ibn Abbas: For the children of Israel the punishment for crime was AlQisas only i.e.; the law of equality in punishment and the payment of Blood money was not permitted as an alternate. But Allah said to this nation Muslims : O you who believe! Qisas is prescribed for you in case of murder;..... up to...end of the Verse. 2.178 Ibn Abbas added: Remission forgiveness in this Verse; means to accept the Blood-money in an intentional murder. Ibn Abbas added: The Verse: Then the relatives should demand Blood-money in a reasonable manner. 2.178 means that the demand should be reasonable and it is to be compensated with handsome gratitude. | The Chapter on Murder In Crimes And Felonies in HodHood Indexing, Chapter on The relative of the killed person has the right to choose one of two compensations in Sahih AlBukhari | |
| SahihAlBukhari-017-001-1762 | Narrated Sahl Bin Abi Hathma: a man from the Ansar that a number of people from his tribe went to Khaibar and dispersed; and then they found one of them murdered. They said to the people with whom the corpse had been found; You have killed our companion! Those people said; Neither have we killed him; nor do we know his killer. The bereaved group went to the Prophet ﷺ and said; O Allah Messenger ﷺ ! We went to Khaibar and found one of us murdered. The Prophet ﷺ said; Let the older among you come forward and speak. Then the Prophet ﷺ said; to them; Bring your proof against the killer. They said We have no proof. The Prophet ﷺ said; Then they the defendants will take an oath. They said; We do not accept the oaths of the Jews. Allah Messenger ﷺ did not like that the Blood-money of the killed one be lost without compensation; so he paid one-hundred camels out of the camels of Zakat to the relatives of the deceased as Diya Blood-money. | The Chapter on Killing And Payments in HodHood Indexing, Chapter on AlQasama in Sahih AlBukhari | |
| SahihAlBukhari-017-001-6817 | Narrated Ibn Abbas: The law of Qisas i.e. equality in punishment was prescribed for the children of Israel; but the Diya i.e. blood money was not ordained for them. So Allah said to this Nation i.e. Muslims : O you who believe! The law of AlQisas i.e. equality in punishment is prescribed for you in cases of murder: The free for the free; the slave for the slave; and the female for the female. But if the relatives or one of them of the killed person forgive their brother i.e. the killers something of Qisas i.e. not to kill the killer by accepting blood money in the case of intentional murder --then the relatives of the killed person should demand blood-money in a reasonable manner and the killer must pay with handsome gratitude. This is an allevitation and a Mercy from your Lord; in comparison to what was prescribed for the nations before you. So after this; whoever transgresses the limits i.e. to kill the killer after taking the blood-money shall have a painful torment. 2.178 | The Chapter on Crimes And Felonies Of Killing in HodHood Indexing, The Book of Prophetic Commentary on the Quran Tafseer of the Prophet in Sahih AlBukhari |
In Sahih Muslim
nothing found
In Sunan AlTermithi
| Hadith Page | Arabic Text | English Translation | Book and Chapter |
|---|---|---|---|
| SunanAlTermithi-017-001-7603 | The Chapter on Killig Asking For Forgiveness in HodHood Indexing, Chapter on What Has Been Related About Blood Money How Many Camels Is It in Sunan AlTermithi | ||
| SunanAlTermithi-017-001-7630 | Narrated Amr Bin Shuaib: from his father; from his grandfather that the Messenger of Allah ﷺ said: The Muslim is not killed for disbeliever.And with this chain; it has been narrated that the Prophet ﷺ said: The blood-money paid for disbeliever is half of the blood-money paid for a believer. | The Chapter on Idolaters And Infidels And Disbelieve in HodHood Indexing, Chapter on What Has Been Related About The BloodMoney For A Disbeliever in Sunan AlTermithi | |
| SunanAlTermithi-017-001-7632 | Narrated Saeed Bin AlMusayab: that Umar would say: The blood-money upon the tribe; and the wife does not inherit any of her husband blood-money. Until AlDahhak Bin Sufyan AlKulabi informed him that the Messenger of Allah ﷺ wrote to me; that Ashaim AlDibabi wife inherited the blood-money of her husband. | The Chapter on Money And Inheritance In Crimes And Felonies in HodHood Indexing, Chapter on What Has Been Related About The Woman Does She Inherit What Is Due Of Her Husband BloodMoney in Sunan AlTermithi | |
| SunanAlTermithi-017-001-9820 | Saeed Bin AlMusayab said: Umar said: The blood-money is upon the Aqilah; and the wife does not inherit anything from the blood-money of her husband. So AlDahhak Bin Sufyan AlKilabi informed him that the Messenger of Allah S.A.W wrote to him; saying to give the wife of Ashyam AlDababi the inheritance from her husband blood-money. | The Chapter on Money And Inheritance In Crimes And Felonies in HodHood Indexing, The Book Of Inheritance in Sunan AlTermithi |
In Sunan AlNasai
nothing found
In Sunan Abu Dawoud
| Hadith Page | Arabic Text | English Translation | Book and Chapter |
|---|---|---|---|
| SunanAbuDawoud-017-001-25716 | Narrated Wail Ibn Hujr: I was with the Prophet ﷺ when a man who was a murderer and had a strap round his neck was brought to him. He then called the legal guardian of the victim and asked him: Do you forgive him? He said: No. He asked: Will you accept the blood-money? He said: No. He asked: Will you kill him? He said: Yes. He said: Take him. When he turned his back; he said: Do you forgive him? He said: No. He said: Will you accept the blood-money? He said: No. He said: Will you kill him? He said: Yes. He said: Take him. After repeating all this a fourth time; he said: If you forgive him; he will bear the burden of his own sin and the sin of the victim. He then forgave him. He the narrator said: I saw him pulling the strap. | The Chapter on Killing And Forgiveness in HodHood Indexing, Chapter on The Imam Enjoining A Pardon In The Case Of Bloodshed in Sunan Abu Dawoud | |
| SunanAbuDawoud-017-001-25720 | Narrated Ziyad Ibn Saad Ibn Dumayrah AlSulami: On the authority of his father Sad and his grandfather Dumayrah according to Mousa version who were present in the battle of Hunayn with the Messenger of Allah ﷺ : After the advent of Islam; Muhallam Ibn Jaththamah AlLaythi killed a man of Ashja. That was the first blood-money decided by the Messenger of Allah ﷺ for payment. Uyaynah spoke about the killing of AlAshjai; for he belonged to Ghatafan; and AlAqra Ibn Habis spoke on behalf of Muhallam; for he belonged to Khunduf. The voices rose high; and the dispute and noise grew. So the Messenger of Allah ﷺ said: Do you not accept blood-money; Uyaynah? Uyaynah then said: No; I swear by Allah; until I cause his women to suffer the same fighting and grief as he caused my women to suffer. Again the voices rose high; and the dispute and noise grew. The Messenger of Allah ﷺ said: Do you not accept the blood-money Uyaynah? Uyaynah gave the same reply as before; and a man of Banu Layth called Mukaytil stood up. He had a weapon and a skin shield in his hand. He said: I do not find in the beginning of Islam any illustration for what he has done except the one that some sheep came on; and those in the front were shot; hence those in the rear ran away. The other example is that make a law today and change it. The Messenger of Allah ﷺ said: Fifty camels here immediately and fifty when we return to Medina. This happened during some of his journeys. Muhallam was a tall man of dark complexion. He was with the people. They continued to make effort for him until he was released. He sat before the Messenger of Allah ﷺ ; with his eyes flowing. He said: Messenger of Allah! I have done the act of which you have been informed. I repent to Allah; the Exalted; so ask Allah forgiveness for me. Messenger of Allah! The Messenger of Allah ﷺ then said: Did you kill him with your weapon at the beginning of Islam. O Allah! do not forgive Muhallam. He said these words loudly. Abu Salamah added: He Muhallam then got up while he was wiping his tears with the end of his garment. Ibn Ishaq said: His people alleged that the Messenger of Allah ﷺ asked forgiveness for him after that.Abu Dawud said: AlNadr Bin Shumail said: Alghiyar means blood-wit. | The Chapter on Whipping Punshiment In Crimes And Felonies in HodHood Indexing, Chapter on The Imam Enjoining A Pardon In The Case Of Bloodshed in Sunan Abu Dawoud | |
| SunanAbuDawoud-017-001-25759 | Narrated Amr Bin Suhaib: On his father authority; said that his grandfather reported that the value of the blood-money at the time of the Messenger of Allah ﷺ was eight hundred dinars or eight thousand dirhams; and the blood-money for the people of the Book was half of that for Muslims. He said: This applied till Umar Allah be pleased with him became caliph and he made a speech in which he said: Take note! Camels have become dear. So Umar fixed the value for those who possessed gold at one thousand dinars; for those who possessed silver at twelve thousand dirhams ; for those who possessed cattle at two hundred cows; for those who possessed sheep at two thousand sheep; and for those who possessed suits of clothing at two hundred suits. He left the blood-money for dhimmis protected people as it was; not raising it in proportion to the increase he made in the blood-wit. | The Chapter on Live Stock Possession in HodHood Indexing, Chapter on The Amount Of The Diyah in Sunan Abu Dawoud | |
| SunanAbuDawoud-017-001-25781 | Narrated Abu Dawud: I found in my notebook from Shaiban and I did not hear from him ; Abu Bakr; a reliable friend of ours; said: Shaiban - Muhammad Bin Rashid - Sulaiman Bin Mousad - Amr Bin Suhaib; On his father authority; said that his grandfather said: The Messenger of Allah ﷺ would fix the blood-money for accidental killing at the rate of four hundred dinars or their equivalent in silver for townsmen; and he would fix it according to the price of camels. So when they were dear; he increased the amount to be paid; and when cheap prices prevailed he reduced the amount to be paid. In the time of the Messenger of Allah ﷺ they reached between four hundred and eight hundred dinars; their equivalent in silver being eight thousand dirhams. He said: The Messenger of Allah ﷺ gave judgment that those who possessed cattle should pay two hundred cows; and those who possessed sheep two thousand sheep. He said: The Messenger of Allah ﷺ said: The blood-money is to be treated as something to be inherited by the heirs of the one who has been killed; and the remainder should be divided among the agnates. He said: The Messenger of Allah ﷺ gave judgment that for cutting off a nose completely there was full blood-money; one hundred camels were to be paid. If the tip of the nose was cut off; half of the blood-money;i.e. fifty camels were to be paid; or their equivalent in gold or in silver; or a hundred cows; or one thousand sheep. For the hand; when it was cut of;f half of the blood-money was to be paid; for one foot of half; the blood-money was to be paid. For a wound in the head; a third of the blood-money was due; i.e. thirty-three camels and a third of the blood-money; or their equivalent in gold; silver; cows or sheep. For a head thrust which reaches the body; the same blood-money was to be paid. Ten camels were to be paid for every finger; and five camels for every tooth. The Messenger of Allah ﷺ gave judgment that the blood-money for a woman should be divided among her relatives on her father side; who did not inherit anything from her except the residence of her heirs. If she was killed; her blood-money should be distributed among her heirs; and they would have the right of taking revenge on the murderer. The Messenger of Allah ﷺ said: There is nothing for the murderer; and if he the victim has no heir; his heir will be the one who is nearest to him among the people; but the murderer should not inherit anything. Muhammad said: All this has been transmitted to me by Sulayman Ibn Mousa on the authority of Amr Ibn Shuaib who; on his father authority; said that his grandfather heard it from the Prophet ﷺ.Abu Dawud said: Muhammad Bin Rashid; an inhabitant of Damascus; fled from Basrah escaping murder. | The Chapter on Live Stock Possession in HodHood Indexing, Chapter on Diyah For Lost Limbs in Sunan Abu Dawoud | |
| SunanAbuDawoud-017-001-26682 | Ali said: I shall not pay blood-money or he said : I am not going to pay blood-money for him on whom I inflicted the prescribed punishment except for the one who drank wine; for the Messenger of Allah ﷺ did not prescribe anything definite. It is a thing which we have decided by agreement ourselves. | The Chapter on Fornication And Adultery Punishment And Forgiveness in HodHood Indexing, Chapter on One who drinks khamr repeatedly in Sunan Abu Dawoud | |
| SunanAbuDawoud-017-001-28611 | Narrated Abdullah Ibn Abbas: When this verse was revealed: If they do come to thee; either judge between them; or decline to interfere....If thou judge; judge in equity between them. Banu AlNadir used to pay half blood-money if they killed any-one from Banu Qurayzah. When Banu Qurayzah killed anyone from Banu AlNadir; they would pay full blood-money. So the Messenger of Allah ﷺ made it equal between them. | The Chapter on Slaying Of Camels In Crimes And Felonies in HodHood Indexing, Chapter on Judgement between ahl AlDhimmah in Sunan Abu Dawoud | |
| SunanAbuDawoud-017-001-28948 | Narrated Umar Ibn AlKhattab: Saeed said: Umar Ibn AlKhattab said: Blood-money is meant for the clan of the slain; and she will not inherit from the blood-money of her husband. AlDahhak Ibn Sufyan said: The Messenger of Allah ﷺ wrote to me that I should give a share to the wife of Ashyam AlDubabi from the blood-money of her husband. So Umar withdrew his opinion. Ahmad Ibn Salih said: AbdurRazzaq transmitted this tradition to us from Mamar; from AlZuhri on the authority of Said. In this version he said: The Prophet ﷺ made him governor over the bedouins. | The Chapter on Money And Inheritance In Crimes And Felonies in HodHood Indexing, Chapter on Regarding A Woman Inheriting From The Blood Money Of Her Husband in Sunan Abu Dawoud | |
| SunanAbuDawoud-017-001-29261 | Narrated Mujjaah Ibn Mirarah AlYamani: Mujjaah went to the Prophet ﷺ asking him for the blood-money of his brother whom Banu Sadus from Banu Dhuhl had killed. The Prophet ﷺ said: Had I appointed blood-money for a polytheist; I should have appointed it for your brother. But I shall give you compensation for him. So the Prophet ﷺ wrote a document for him that he should be given a hundred camels which were to be acquired from the fifth taken from the polytheists of Banu Dhuhl. So he took a part of them; for Banu Dhuhl embraced Islam. He then asked Abu Bakr for them later on; and brought to him the document of the Prophet ﷺ. So Abu Bakr wrote for him that he should be given one thousand two hundred sa from the sadaqah of AlYamamah; four thousand sas of wheat; four thousand sas of barley; and four thousand sas of dates. The text of the document written by the Prophet ﷺ for Mujjaah was as follows: In the name of Allah; the Beneficent; the Merciful. This document is from Muhammad; the Prophet; to Mujjaah Ibn Mirarah of Banu Sulma. I have given him one hundred camels from the first fifth acquired from the polytheist of Banu Dhuhl as a compensation for his brother. | The Chapter on Permission To Enter The House in HodHood Indexing, Chapter on The Division Of The Khumus And The Share Of His Relatives in Sunan Abu Dawoud |
In Muwata Malik
| Hadith Page | Arabic Text | English Translation | Book and Chapter |
|---|---|---|---|
| MuwataMalik-017-001-34741 | Yahya related to me from Malik from Abu Layla Ibn Abdullah Ibn Abdulrahman Ibn Sahl from Sahl Ibn Abi Hathma that some of the great men of his people informed him that Abdullah Ibn Sahl and Muhayisa went out to Khaybar because extreme poverty had overtaken them. Muhayisa returned and said that Abdullah Ibn Sahl had been killed and thrown in a shallow well or spring. The jews came and he said; By Allah! You have killed him. They said; By Allah! We have not killed him! Then he made for his people and mentioned that to them. Then he; his brother Huwayisa; who was older than him; and Abdulrahman set out. Muhayisa began to speak; as he had been at Khaybar. The Messenger of Allah; may Allah bless him and grant him peace; said to him; The greater first; the greater first; meaning in age. So Huwayisa spoke and then Muhayisa spoke. The Messenger of Allah; may Allah bless him and grant him peace; said; Either they pay your companion blood-money or we will declare war against them. The Messenger of Allah; may Allah bless him and grant him peace; wrote that to them and they wrote; By Allah; we did not kill him! The Messenger of Allah; may Allah bless him and grant him peace; said to Huwayisa; Muhayisa; and Abdulrahman Do you swear and claim the blood of your companion? They said; No. He said; Shall the jews swear to you? They said; But they are not muslims. The Messenger of Allah; may Allah bless him and grant him peace; gave blood-money from his own property; and sent them one hundred camels to their house. Sahl added; A red camel among them kicked me. | The Chapter on Oath And Jews In Crimes And Felonies in HodHood Indexing, The Book of Purity in Muwata Malik | |
| MuwataMalik-017-001-34743 | Yahya said that Malik said; The way of doing things in our community about which there is no dispute is that women do not swear in the swearing for the intentional act. If the murdered man only has female relatives; the women have no right to swear for blood and no pardon in murder. Yahya said that Malik said about a man who is murdered; If the paternal relatives of the murdered man or his mawali say; We swear and we demand our companion blood; that is their right. Malik said; If the women want to pardon him; they cannot do that. The paternal relatives and mawali are entitled to do that more than them because they are the ones who demand blood and swear for it. Malik said; If the paternal relatives or mawali pardon after they demand blood and the women refuse and say; We will not abandon our right against the murderer of our companion; the women are more entitled to that because whoever takes retaliation is more entitled than the one who leaves it among the women and paternal relatives when the murder is established and killing obliged. Malik said; At least two claimants must swear in murder. The oaths are repeated by them until they swear fifty oaths; then they have the right to blood. That is how things are done in our community. Malik said; When people beat a man and he dies in their hands; they are all slain for him. If he dies after their beating; there is swearing. If there is swearing; it is only against one man and only he is slain. We have never known the swearing to be against more than one man. Malik spoke about a slave who had his hand or foot broken and then the break mended. He said; The one who injured him is not obliged to pay anything. If that break causes him loss or scar; the one who injured him must pay according to what he diminished of the value of the slave. Malik said; What is done in our community about retaliation between slaves is that it is like retaliation between freemen. The life of the slave-girl for the life of the slave; and her injury for his injury. When a slave intentionally kills a slave; the master of the murdered slave has a choice. If he wishes; he kills him; and if he wishes; he takes the blood-money. If he takes the blood-money; he takes the value of his slave. If the owner of the slave who killed wishes to give the value of the murdered slave; he does it. If he wishes; he surrenders his slave. If he surrenders him; he is not obliged to do anything other than that. When the owner of the murdered slave takes the slave who murdered and is satisifed with him; he must not kill him. All retaliations between slaves for cutting off of the hand and foot and such things are dealt with in the same way as in the murder. Malik said about a muslim slave who injures a jew or christian; If the master of the slave wishes to pay blood-money for him according to the injury; he does it. Or else he surrenders him and he is sold; and the jew or christian is given the blood-money of the injury or all the price of the slave if the blood-money is greater than his price. The jew or christian is not given a muslim slave. | The Chapter on Murder In Crimes And Felonies in HodHood Indexing, The Book of Purity in Muwata Malik | |
| MuwataMalik-017-001-34744 | Yahya said that Malik said; The way of doing things in our community about Yahya said that Malik said; The procedure in swearing in manslaughter is that those who claim blood swear and it becomes due by their swearing. They swear fifty oaths; and there is blood-money for them according to the division of their inheritances. If it is not possible to divide up the oaths which they swear between them evenly; one looks to the one who has most of those oaths against him; and that oath is obliged against him. Malik said; If the slain man only has female heirs; they swear and take the blood-money. If he only has one male heir; he swears fifty oaths and takes the blood-money. That is only in the accidental killing; not in the intentional one. | The Chapter on Oath And Jews In Crimes And Felonies in HodHood Indexing, The Book of Purity in Muwata Malik | |
| MuwataMalik-017-001-34745 | Yahya said that Malik said; When the relatives of the deceased accept the blood-money then it is inherited according to the Book of Allah. Daughters of the dead man inherit and so do sisters; and whichever women would inherit from him ordinarily. If the women do not take all his inheritance; then what remains goes to the agnatic relations who most deserve to inherit from him in conjunction with the women. Malik said; When one of the heirs of a man killed by mistake attempts to take his due from the blood-money while his companions are absent; he may not do that; and he has no right to any of the blood-money; however large or small; unless the qasama has been completed by him. If he swears fifty oaths then he has the right to his portion of the blood-money. That is because the blood-money is not established as due without there being fifty oaths; and the blood- money is not established as due unless the responsibility for the blood is established. If any one of the heirs comes after that he swears a number of the oaths commensurate with his fraction of the inheritance and takes his right until all the heirs exact their complete right. If a maternal uncle comes he has one sixth and must swear one sixth of the fifty oaths. So whoever swears may take his due from the blood-money and whoever abstains annuls his right. If one of the heirs is absent or is a child who has not reached puberty; those who are present swear fifty oaths and if the one who was absent comes after that or the child reaches puberty; they swear. and they swear according to their due of the blood-money and according to their shares of inheritance from it. Yahya said that Malik said; This is the best I have heard on the matter. | The Chapter on Money And Inheritance In Crimes And Felonies in HodHood Indexing, The Book of Purity in Muwata Malik | |
| MuwataMalik-017-001-34810 | Malik related to me that he heard that Umar Ibn Abd AlAziz gave a judgement about the mudabbar who did an injury. He said; The master must surrender what he owns of him to the injured person. He is made to serve the injured person and recompense in the form of service is taken from him as the blood-money of the injury. If he completes that before his master dies; he reverts to his master. Malik said; The generally agreed on way of doing things in our community about a mudabbar who does an injury and then his master dies and the master has no property except him is that the third allowed to be bequeathed is freed; and then the blood-money for the in jury is divided into thirds. A third of the blood-money is against the third of him which was set free; and two-thirds are against the two-thirds which the heirs have. If they wish; they surrender what they have of him to the party with the injury; and if they wish; they give the injured person two-thirds of the blood-money and keep their portion of the slave. That is because that injury is a criminal action by the slave and it is not a debt against the master by which whatever setting free and tadbir the master had done would be abrogated. If there were a debt to people held against the master of the slave; as well as the criminal action of the slave; part of the mudabbar would be sold in proportion to the blood-money of the injury and according to the debt. Then one would begin with the blood-money which was for the criminal action of the slave and it would be paid from the price of the slave. Then the debt of his master would be paid; and then one would look at what remained after that of the slave. His third would b be set free; and two-thirds of him would belong to the heirs. That is because the criminal action of the slave is more important than the debt of his master. That is because; if the man dies and leaves a mudabbar slave whose value is one hundred and fifty dinars; and the slave strikes a free man on the head with a blow that lays open the skull; and the blood-money is fifty dinars; and the master of the slave has a debt of fifty dinars; one begins with the fifty dinars which are the blood-money of the head wound; and it is paid from the price of the slave. Then the debt of the master is paid. Then one looks at what remains of the slave; and a third of him is set free and two-thirds of him remain for the heirs. The blood-money is more pressing against his person than the debt of his master. The debt of his master is more pressing than the tadbir which is a bequest from the third of the property of the deceased. None of the tadbir is permitted while the master of the mudabbar has a debt which is not paid. It is a bequest. That is because Allah; the Blessed; the Exalted; said; After any bequest that is made or any debt. Surat 4 ayat 10 Malik said; If there is enough in the third property that the deceased can bequeath to free all the mudabbar; he is freed and the blood-money due from his criminal action is held as a debt against him which follows him after he is set free even if that blood-money is the full blood-money. It is not a debt on the master. Malik spoke about a mudabbar who injured a man and his master surrendered him to the injured party; and then the master died and had a debt and did not leave any property other than the mudabbar; and the heirs said; We surrender the mudabbar to the party; whilst the creditor said; My debt exceeds that. Malik said that if the creditor debt did exceed that at all ; he was more entitled to it and it was taken from the one who owed the debt; according to what the creditor was owed in excess of the blood-money of the injury. If his debt did not exceed it at all; he did not take the slave. Malik spoke about a mudabbar who did an injury and had property; and his master refused to ransom him. He said; The injured party takes the property of the mudabbar for the blood-money of his injury. If there is enough to pay it; the injured party is paid in full for the blood-money of his injury and the mudabbar is returned to his master. If there is not enough to pay it; he takes it from the blood-money and uses the mudabbar for what remains of the blood-money. | The Chapter on Injury In Crimes And Felonies in HodHood Indexing, The Book of Speech in Muwata Malik | |
| MuwataMalik-017-001-34811 | Malik said in the case of an umm walad who injured someone; The blood-money of that injury is the responsibility of her master from his property; unless the blood-money of the injury is greater than the value of the umm walad. Her master does not have to pay more than her value. That is because when the master of a slave or slave-girl surrenders his slave or slave-girl for an injury which one of them has done; he does not owe any more than that; even if the blood-money is greater. As the master of the umm walad cannot surrender her because of the precedent of the sunna; when he pays her price; it is as if he had surrendered her. He does not have to pay more than that. This is the best of what I have heard about the matter. The master is not obliged to assume responsibility for more than an umm walad value because of her criminal action. | The Chapter on Injury In Crimes And Felonies in HodHood Indexing, The Book of Speech in Muwata Malik | |
| MuwataMalik-017-001-34839 | Malik related to me that he had asked Ibn Shihab about a slave who was released. He said; He gives his wala to whomever he likes. If he dies and has not given his wala to anyone; his inheritance goes to the muslims and his blood-money is paid by them. Malik said; The best of what has been heard about a slave who is released is that no one gets his wala; and his inheritance goes to the muslims; and they pay his blood-money. Malik said that when the slave of a jew or christian became muslim and he was freed before being sold; the wala of the freed slave went to the muslims. If the jew or christian became muslim afterwards; the wala did not revert to him. He said; However; if a jew or christian frees a slave from their own deen; and then the freed one becomes muslim before the jew or christian who freed him becomes muslim and then the one who freed him has become muslim; his wala reverts to him because the wala was confirmed for him on the day he freed him. Malik said that the muslim child of a jew or christian inherited the mawali of his jewish or christian father when the freed mawla became muslim before the one who freed him became muslim. If the freed one was already muslim when he was freed; the muslim children of the christian or jew had nothing of the wala of a muslim slave because the jew and the christian did not have the wala. The wala of a muslim slave went to the community of muslims. | The Chapter on Selling Of Slaves in HodHood Indexing, The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34840 | 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. | The Chapter on Wounds In Crimes And Felonies in HodHood Indexing, The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34841 | Malik related to me that he had heard that Umar Ibn AlKhattab 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 AlSham 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. | The Chapter on Precious Metals And Business Deals in HodHood Indexing, The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34845 | Yahya related to me from Malik that Ibn Shihab; Sulayman Ibn Yasar; and Rabia Ibn Abi Abdulrahman 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 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. | The Chapter on Money And Inheritance In Crimes And Felonies in HodHood Indexing, The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34846 | 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 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. | The Chapter on Money And Inheritance In Crimes And Felonies in HodHood Indexing, The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34847 | Yahya related to me from Malik from Yahya Ibn Said that Said Ibn AlMusayab 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. | The Chapter on Wounds In Crimes And Felonies in HodHood Indexing, The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34848 | Yahya related to me from Malik that Ibn Shihab and also Urwa Ibn AlZubair said the same as Said Ibn AlMusayab 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. | The Chapter on Wounds In Crimes And Felonies in HodHood Indexing, The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34849 | 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. | The Chapter on Injury In Crimes And Felonies in HodHood Indexing, The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34852 | Yahya related to me from Malik that Rabia Ibn Abi Abdulrahman 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 womb and falls still-born from her womb. Malik said; I heard that if the foetus comes out of its mother 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 womb and cries out and then dies; the complete blood-money is due for it. We think that the slave- girl 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. | The Chapter on Money And Inheritance In Crimes And Felonies in HodHood Indexing, The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34853 | Yahya related to me from Malik from Ibn Shihab that Said Ibn AlMusayab 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. | The Chapter on Money And Inheritance In Crimes And Felonies in HodHood Indexing, The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34854 | 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 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 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. | The Chapter on Money And Inheritance In Crimes And Felonies in HodHood Indexing, The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34856 | 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. | The Chapter on Wounds In Crimes And Felonies in HodHood Indexing, The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34860 | Ibn Abi Abdulrahman said; I asked Said Ibn AlMusayab; 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. | The Chapter on Camels And Herdsmen Control And Managing in HodHood Indexing, The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34862 | Yahya related to me from Malik that Yahya Ibn Said heard Said Ibn AlMusayab say; Umar Ibn AlKhattab decided on a camel for each molar; and Muawiya Ibn Abi Sufyan decided on five camels for each molar. Said Ibn AlMusayab said; The blood-money is less in the judgement of Umar Ibn AlKhattab 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. | The Chapter on Camels And Herdsmen And Charity in HodHood Indexing, The Book of General Subjects in Muwata Malik | |
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