| MuwataMalik-017-001-34865 | | 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. | The Chapter on Teeth And Moustach In Basic Instinct in HodHood Indexing, The Book of General Subjects in Muwata Malik |
| MuwataMalik-017-001-34868 | | Yahya related to me from Malik that he heard that Umar Ibn Abd AlAziz 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. | The Chapter on Killing And Payments in HodHood Indexing, The Book of General Subjects in Muwata Malik |
| MuwataMalik-017-001-34869 | | 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. | The Chapter on Wounds In Crimes And Felonies in HodHood Indexing, The Book of General Subjects in Muwata Malik |
| MuwataMalik-017-001-34870 | | 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. | The Chapter on Injury In Crimes And Felonies in HodHood Indexing, The Book of General Subjects in Muwata Malik |
| MuwataMalik-017-001-34872 | | 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 Surat 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. | The Chapter on Injury In Crimes And Felonies in HodHood Indexing, The Book of General Subjects in Muwata Malik |
| MuwataMalik-017-001-34873 | | Yahya related to me from Malik from Ibn Shihab that Umar Ibn AlKhattab demanded of the people at Mina; If anyone has knowledge of blood-money; let him inform me. AlDahhak Ibn Sufyan AlKilabi stood up and said; The Messenger of Allah; may Allah bless him and grant him peace; wrote to me that the wife of Ashyam AlDibabi inherited from the blood-money of her husband. Umar Ibn AlKhattab said to him; Go into the tent until I come to you. When Umar Ibn AlKhattab came in; AlDahhak told him about it and Umar Ibn AlKhattab gave a decision based on that. Ibn Shihab said; The killing of Ashyam was accidental. | The Chapter on Money And Inheritance In Crimes And Felonies in HodHood Indexing, The Book of General Subjects in Muwata Malik |
| MuwataMalik-017-001-34875 | | Malik said that he had heard that Said Ibn AlMusayab 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 AlKhattab did with respect to the blood-money of the Mudliji when he struck his son. i.e. giving 120 camels instead of 100. | The Chapter on Wounds In Crimes And Felonies in HodHood Indexing, The Book of General Subjects in Muwata Malik |
| MuwataMalik-017-001-34876 | | 11 Malik related to me from Yahya Ibn Said from Urwa Ibn AlZubair that a man of the Ansar called Uhayha Ibn AlJulah 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 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 property and not inherit from the blood-money. | The Chapter on Inheritance And Heirs in HodHood Indexing, The Book of General Subjects in Muwata Malik |
| MuwataMalik-017-001-34877 | | Yahya related to me from Malik from Ibn Shihab from Said Ibn AlMusayab and Abu Salama Ibn Abdulrahman from Abu Huraira 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. Alkanz: 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 AlKhattab 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 AlSiddiq before there was a diwan. The diwan was in the time of Umar Ibn AlKhattab. No one other than one 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. | The Chapter on Injury In Crimes And Felonies in HodHood Indexing, The Book of General Subjects in Muwata Malik |
| MuwataMalik-017-001-34883 | | 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 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 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. | The Chapter on Retaliation In Crimes And Felonies in HodHood Indexing, The Book of Hair in Muwata Malik |
| MuwataMalik-017-001-34884 | | Yahya related to me from Malik from Abuz-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 Aidh tribe. An Aidhi; the father of the slain man came to Umar Ibn AlKhattab seeking the blood-money of his son. Umar said; He has no blood-money. The Aidhi 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. | The Chapter on Money And Inheritance In Crimes And Felonies in HodHood Indexing, The Book of Hair in Muwata Malik |
| MuwataMalik-017-001-34975 | | Malik said; The best of what I have heard about a mukatab who injures a man so that blood-money must be paid; is that if the mukatab can pay the blood-money for the injury with his kitaba; he does so; and it is against his kitaba. If he cannot do that; and he cannot pay his kitaba because he must pay the blood-money of that injury before the kitaba; and he cannot pay the blood-money of that injury; then his master has an option. If he prefers to pay the blood-money of that injury; he does so and keeps his slave and he becomes an owned slave. If he wishes to surrender the slave to the injured; he surrenders him. The master does not have to do more than surrender his slave. Malik spoke about people who were in a general kitaba and one of them caused an injury which entailed blood-money. He said; If any of them does an injury involving blood-money; he and those who are with him in the kitaba are asked to pay all the blood-money of that injury. If they pay; they are confirmed in their kitaba. If they do not pay; and they are incapable then their master has an option. If he wishes; he can pay all the blood-money of that injury and all the slaves revert to him. If he wishes; he can surrender the one who did the injury alone and all the others revert to being his slaves since they could not pay the blood-money of the injury which their companion caused. Malik said; The way of doing things about which there is no dispute among us; is that when a mukatab is injured in some way which entails blood-money or one of the mukatab children who is written with him in the kitaba is injured; their blood-money is the blood-money of slaves of their value; and what is appointed to them as their blood-money is paid to the master who has the kitaba and he reckons that for the mukatab at the end of his kitaba and there is a reduction for the blood-money that the master has taken for the injury. Malik said; The explanation of that is say; for example; he has written his kitaba for three thousand dirhams and the blood-money taken by the master for his injury is one thousand dirhams. When the mukatab has paid his master two thousand dirhams he is free. If what remains of his kitaba is one thousand dirhams and the blood-money for his injury is one thousand dirhams; he is free straightaway. If the blood-money of the injury is more than what remains of the kitaba; the master of the mukatab takes what remains of his kitaba and frees him. What remains after the payment of the kitaba belongs to the mukatab. One must not pay the mukatab any of the blood- money of his injury in case he might consume it and use it up. If he could not pay his kitaba completely he would then return to his master one eyed; with a hand cut off; or crippled in body. His master only wrote his kitaba against his property and earnings; and he did not write his kitaba so that he would take the blood-money for what happened to his child or to himself and use it up and consume it. One pays the blood-money of injuries to a mukatab and his children who are born in his kitaba; or their kitaba is written; to the master and he takes it into account for him at the end of his kitaba. | The Chapter on Injury In Crimes And Felonies in HodHood Indexing, The Book of Good Character in Muwata Malik |
| MuwataMalik-017-001-35977 | | Malik said; I still hear that when a person in ihram kills an ostrich; a camel is due. Malik said; I think that for an ostrich egg; one tenth of the price of a camel is due in the same way that there is a newly-born male or female slave for the unborn child of a free woman. The value of the newly-born slave is fifty dinars; and that is one-tenth of what the blood-money for the mother would be. Birds from the eagle family; eagles or falcons or vultures count as game for which a price is paid just as a price is paid for any game which a person in ihram kills. For everything for which a penalty is paid; the assessment is the same; whether the animal is old or young. The analogy of that is that the blood-money for the young and the old freeman; are considered to be the same. | The Chapter on Live Stock Possession in HodHood Indexing, The Book of Fasting in Muwata Malik |
