43. Blood-Money

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibnMuhammad ibn Amr ibn Hazm from his father that in a letter which theMessenger of Allah, may Allah bless him and grant him peace, sent toAmr ibn Hazm about blood-money he wrote that it was one hundred camelsfor a life, one hundred camels for a nose if completely removed, athird of the blood-money for a wound in the brain, the same as thatfor a belly wound, fifty for an eye, fifty for a hand, fifty for afoot, ten camels for each finger, and five for teeth, and five for ahead wound which laid bare the bone. Malik related to me that he had heard that Umar ibn al-Khattabestimated the full blood-money for the people of urban areas. Forthose who had gold, he made it one thousand dinars. and for those whohad silver he made it ten thousand dirhams. Malik said, "Thepeople of gold are the people of ash-Sham and the people of Egypt. Thepeople of silver are the people of Iraq " Yahya related to mefrom Malik that he heard that the blood-money was divided intoinstalments over three or four years. Malik said, "Three isthe most preferable to me of what I have heard on that." Malik said, "The generally agreed on way of doing things in ourcommunity is that camels are not accepted from the people of citiesfor blood-money nor is gold or silver accepted from the desert people.Silver is not accepted from the people of gold and gold is notaccepted from the people of silver." Yahya related to me from Malik that Ibn Shihab said, "The fullblood-money for murder when it is accepted is twenty-five yearlings,twenty-five two-year-olds, twenty-five four-year-olds, and twenty-fivefive-year-olds." Yahya related to me from Malik from Yahya ibn Said that Marwanibn al-Hakam wrote to Muawiya ibn Abi Sufyan that a madman was broughtto him who had killed a man. Muawiya wrote to him, "Tie him up and donot inflict any retaliation on him. There is no retaliation against amadman." Malik said about an adult and a child when theymurder a man together, "The adult is killed and the child pays halfthe full blood-money." Malik said, "It is like that with afreeman and a slave when they murder a slave. The slave is killed andthe freeman pays half of his value." Yahya related to me from Malik from Ibn Shihab from Irak ibnMalik and Sulayman ibn Yasar that a man of the Banu Sad ibn Layth wasrunning a horse and it trod on the finger of a man from the Juhaynatribe. It bled profusely, and he died. Umar ibn al-Khattab said tothose against whom the claim was made. "Do you swear by Allah withfifty oaths that he did not die of it?" They refused and stoppedthemselves from doing it. He said to the others, "Will you take anoath?" They refused, so Umar ibn al-Khattab gave a judgement that theBanu Sad had to pay half the full blood-money. Malik said,"One does not act on this." Yahya related to me from Malikthat Ibn Shihab, Sulayman ibn Yasar, and Rabia ibn Abi Abd ar-Rahmansaid, "The blood-money of manslaughter is twenty yearlings, twentytwo-year-olds, twenty male two-year-olds, twenty four-year-olds, andtwenty five-year-olds." Malik said, "The generally agreed onway with us is that there is no retaliation against children. Theirintention is accidental. The hudud are not obliged for them if theyhave not yet reached puberty. If a child kills someone it is onlyaccidentally. Had a child and an adult killed a free man accidentally,each of them pays half the full blood-money." Malik said, "Aperson who kills someone accidentally pays blood-money with hisproperty and there is no retaliation against him. That money is likeanything else from the dead man's property and his debt is paid withit and he is allowed to make a bequest from it. If he has a totalproperty of which the blood-money is a third and then the blood-moneyis relinquished, that is permitted to him. If all the property he hasis his blood-money, he is permitted to relinquish a third of it and tomake that a bequest." Malik related to me that the generally agreed on way of doingthings amongst the community about an accident is that there is noblood-money until the victim is better. If a man's bone, either ahand, or a foot, or another part of his body, is broken accidentallyand it heals and becomes sound and returns to its form, there is noblood-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 isimpaired. Malik said, "If that part of the body has aspecific blood-money mentioned by the Prophet, may Allah bless him andgrant him peace, it is according to what the Prophet, may Allah blesshim and grant him peace, specified. If it is part of what does nothave a specific blood-money for it mentioned by the Prophet, may Allahbless him and grant him peace, and if there is no previous sunna aboutit or specific blood-money, one uses ijtihad about it." Maliksaid, "There is no blood-money for an accidental bodily injury whenthe wound heals and returns to its form. If there is any scar or markin that, ijtihad is used about it except for the belly-wound. There isa 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 thebody, and it is like the wound to the body which lays bare the bone." Malik said, "The generally agreed on way of doing things inour community is that when the doctor performs a circumcision and cutsoff the glans, he must pay the full blood-money. That is because it isan accident which the tribe is responsible for, and the full bloodmoney is payable for all that in which a doctor errs or exceeds, whenit is not intentional." Yahya related to me from Malik from Yahya ibn Said that Said ibnal-Musayyab said, "The blood-money for a woman is the same as for aman 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 islike his, and her head wound which splinters the bone is like his." Yahya related to me from Malik that Ibn Shihab and also Urwaibn az-Zubayr said the same as Said ibn al-Musayyab said about awoman. Her blood-money from a man is the same up to a third of theblood-money of a man. If what she is owed exceeds a third of theblood-money of the man, she is given up to half of the blood-money ofa man. Malik said, "The explanation of that is that she hasblood-money for a head wound that lays bare the bone and one thatsplinters the bone and for what is less than the brain wound and thebelly wound and the like of that of those which obliges a third of theblood-money or more. If the amount owed her exceeds that, her blood-money in that is half of the blood-money of a man." Yahyarelated to me from Malik that he heard Ibn Shihab say, "The precedentof 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 awoman and hits with a blow what he did not intend, for instance, if hestruck 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 whoare not from her paternal relatives or her people, that since he isfrom another tribe, there is no blood-money against her husband forher criminal action, nor any against her children if they are not fromher people, nor any against her maternal brothers when they are notfrom her paternal relations or her people. These are entitled to herinheritance but only the paternal relations have paid blood-money fromsince the time of the Messenger of Allah, may Allah bless him andgrant him peace. Until today it is like that with the mawla of awoman. The inheritance they leave goes to the children of the womaneven if they are not from her tribe, but the blood-money of thecriminal act of the mawla is only against her tribe." Yahya related to me from Malik from Ibn Shihab from Abu Salamaibn Abd ar-Rahman ibn Awf from Abu Hurayra that a woman from theHudhayl tribe threw a stone at a woman from the same tribe, and shehad a miscarriage. The Messenger of Allah, may Allah bless him andgrant him peace, gave a judgement that a slave or slave-girl of faircomplexion 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 granthim peace, gave a judgement that the compensation for a foetus killedin its mother's womb was a slave or slave-girl of fair complexion andexcellence. The one against whom the judgement was given said, "Whyshould I pay damages for that which did not drink or eat or speak ormake 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 ofthe brothers of the diviners." He disapproved of the rhyming speech ofthe man's declaration. Yahya related to me from Malik thatRabia ibn Abi Abd ar-Rahman said, "The slave of fair complexion andexcellence is estimated at fifty dinars or six hundred dirhams. Theblood-money of a free muslim woman is five hundred dinars or sixthousand dirhams." Malik said, "The blood-money of the foetusof a free woman is a tenth of her blood-money. The tenth is fiftydinars or six hundred dirhams." Malik said, "I have not heardanyone dispute that there is no slave in compensation for the foetusuntil it leaves its mother's womb and falls still-born from her womb ." Malik said, "I heard that if the foetus comes out of itsmother's womb alive and then dies, the full blood-money is due forit." Malik said, "The foetus is not alive unless it cries atbirth. If it comes out of its mother's womb and cries out and thendies, 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 ispregnant, retaliation is not taken against her until she has givenbirth. If a woman who is pregnant is killed intentionally orunintentionally, the one who killed her is not obliged to pay anythingfor her foetus. If she is murdered, then the one who killed her iskilled and there is no blood-money for her foetus. If she is killedaccidentally, the tribe obliged to pay on behalf of her killer paysher blood-money, and there is no blood-money for the foetus." Yahya related to me, "Malik was asked about the foetus of thechristian or jewish woman which was aborted. He said, 'I think thatthere is a tenth of the blood-money of the mother for it.' " Yahya related to me from Malik from Ibn Shihab that Said ibn al-Musayyab used to say, "The full blood-money is payable for cutting offboth lips, but when the lower one only is cut off, two-thirds of theblood-money is due for it." Yahya related to me from Malikthat he asked Ibn Shihab about the one-eyed man who gouged out the eyeof a healthy person. Ibn Shihab said, "If the healthy person wants totake 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 thatoccurred in pairs, and the tongue had full blood-money. The ears, whentheir hearing departed, had full blood-money, whether or not they werecut off, and a man's penis had full blood-money and the testicles hadfull blood-money. Yahya related to me from Malik that heheard that the breasts of a woman had full blood-money. Maliksaid, "The least of that are the eyebrows and a man's breasts." Malik said, "What is done in our community when a man is injuredin his extremities to an extent that obliges payment of more than theamount 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 isaccidentally gouged out, "The full blood-money is payable for it." Yahya related to me from Malik from Yahya ibn Said from Sulaymanibn Yasar that Zayd ibn Thabit used to say, "When the eye remains butthe sight is lost, one hundred dinars are payable for it." Yahya said, "Malik was asked about cutting off the lower lid of theeye and the bone around the eye. He said, 'There is only ijtihad inthat unless the vision of the eye is impaired. He is entitled to anamount that is compatible to the extent the vision of the eye has beenimpaired." Yahya said that Malik said, "What is done in ourcommunity about removing the bad eye of a one-eyed man when it hasalready been blinded and still remains there in its place and theparalyzed hand when it is cut off, is that there is only ijtihad inthat, and there is no prescribed blood-money." Yahya related to me from Malik that Yahya ibn Said heard Sulaymanibn Yasar mention that a face wound in which the bone was bared waslike a head wound in which the bone was bared, unless the face wasscarred by the wound. Then the blood-money is increased by one half ofthe blood-money of the head wound in which the skin was bared so thatseventy five dinars are payable for it. Malik said, "What isdone in our community is that the head wound with splinters hasfifteen camels." He explained, "The head wound with splinters is thatfrom which pieces of bone fly off and which does not reach the brain.It can be in the head or the face." Malik said, "Thegenerally agreed on way of doing things in our community, is thatthere is no retaliation for a wound to the brain or a belly wound, andIbn Shihab has said, 'There is no retaliation for a wound to thebrain.' " Malik explained, "The wound to the brain is whatpierces the bones to the brain. This type of wound only occurs in thehead. It is that which reaches the brain when the bones are pierced." Malik said, "What is done in our community is that there isno blood-money paid on any head wound less than one which lays barethe skull. Blood-money is payable only for the head wound that baresthe bone and what is worse than that. That is because the Messenger ofAllah, may Allah bless him and grant him peace, stopped at the headwound which bared the bone in his letter to Amr ibn Hazm. He made itfive camels. The imams, past and present, have not made any blood-money payable for injuries less than the head wound which bares thebone." Yahya related to me from Malik from Yahya ibn Said,that Said ibn al-Musayyab said, "For every piercing wound in any ofthe organs or limbs of the body, one third of the blood-money of thatlimb is payable." Malik related to me, "Ibn Shihab did notthink and nor do I, that there is a generally agreed on way of doingthings regarding a piercing wound in any of the organs or limbs of thebody, but I think that there is ijtihad in the case. The imam usesijtihad in it, and there is no generally agreed on way of doing thingsin our community about it." Malik said, "What is done in ourcommunity about the wound to the brain and the wound which splintersthe bone, and the wound that bares the bone is that they apply only tothe head and face. Whatever of that occurs in the body only hasijtihad in it." Malik said, "I do not think the lower jaw andthe nose are part of the head in their injury because they areseparate bones, and except for them the head is one bone." Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman thatAbdullah ibn az-Zubayr allowed retaliation for a head wound whichsplintered 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 fingerhas ten camels." Malik said, "The reckoning of the fingers isthirty-three dinars for each fingertip, and that is three and a thirdshares of camels." Yahya related to me from Malik from Zayd ibn Aslam from Muslimibn Jundub from Aslam, the mawla of Umar ibn al-Khattab that Umar ibnal-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 thatYahya ibn Said heard Said ibn al-Musayyab say, ''Umar ibn al-Khattabdecided on a camel for each molar, and Muawiya ibn Abi Sufyan decidedon five camels for each molar." Said ibn al-Musayyab said,"The blood-money is less in the judgement of Umar ibn al-Khattab andmore in the judgement of Muawiya. Had it been me, I would have made ittwo camels for each molar. That is the fair blood-money, and every onewho strives with ijtihad is rewarded." Yahya related to mefrom 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 alsothe complete blood-money for it." Yahya related to me from Malik from Da'ud ibn al-Husayn that AbuGhatafan ibn Tarif al-Murri informed him that Marwan ibn al-Hakam senthim 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 youmake front teeth like molars?" Abdullah ibn Abbas said, "It is enoughthat you take the fingers as the example for that, their blood-moneysbeing all the same." Yahya related to me from Malik fromHisham ibn Urwa that his father made all the teeth the same in theblood-money and did not prefer any kind over others. Maliksaid, "What is done in our community is that the front teeth, molars,and eye-teeth have the same blood-money. That is because the Messengerof Allah, may Allah bless him and grant him peace, said, 'The toothhas five camels.' The molar is one of the teeth and he did not preferany kind over the others." Yahya related to me from Malik that he had heard that Said ibnal-Musayyab and Sulayman ibn Yasar said, "The head wound of the slavein 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 adecision about a slave who was injured that the person who injured himhad 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 woundof a slave that bares the bone, there is a twentieth of his price. Thehead 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 hisprice. Besides these four, any other types of injury that decrease theprice 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 whathis value whole was before he had the injury. Then the one who injuredhim pays the difference between the two values." Yahya related to me from Malik that he heard that Umar ibn Abdal-Aziz gave a decision that when a jew or christian was killed, hisblood-money was half the blood-money of a free muslim. Maliksaid, "What is done in our community, is that a muslim is not killedfor a kafir unless the muslim kills him by deceit. Then he is killedfor it." Yahya related to me from Malik from Yahya ibn Saidthat Sulayman ibn Yasar said, "The blood-money of a magian is eighthundred dirhams." Malik said, "This is what is done in ourcommunity." Malik said, "The blood-monies of the jew,christian, and magian in their injuries, is according to the injury ofthe muslims in their blood-moneys. The head wound is a twentieth ofhis full blood-money. The wound that opens the head is a third of hisblood-money. The belly-wound is a third of his blood-money. All theirinjuries are according to this calculation." Yahya related to me from Malik from Hisham ibn Urwa that hisfather said, "The tribe is not obliged to pay blood-money forintentional murder. They pay blood-money for accidental killing." Yahya related to me from Malik that Ibn Shihab said, "Theprecedent of the sunna is that the tribe are not liable for any blood-money of an intentional killing unless they wish that." Yahyarelated to me from Malik from Yahya ibn Said the same as that. Malik said that Ibn Shihab said, "The precedent of the sunna inthe intentional murder is that when the relatives of the murderedperson relinquish retaliation, the blood-money is owed by the murdererfrom 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 ofthe full amount and upwards. Whatever reaches a third is against thetribe, and whatever is below a third, is against the property of theone who did the injury." Malik said, "The way of doing thingsabout which there is no dispute among us, in the case of someone whohas the blood-money accepted from him in intentional murder or in anyinjury in which there is retaliation, is that that blood-money is notdue from the tribe unless they wish it. The blood-money for that isfrom 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 noneof 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 offiqh in our community. I have not heard that anyone has made the tribeliable for any blood-money incurred by intentional acts. Part of whatis 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 Allahknows best, is that whoever gives his brother something of the blood-money, should follow it with what is accepted and pay him with goodwill." Malik spoke about a child who had no property and awoman who had no property. He said, "When one of them causes an injurybelow a third of the blood-money, it is taken on behalf of the childand woman from their personal property, if they have property fromwhich it may be taken. If not, the injury which each of them hascaused is a debt against them. The tribe does not have to pay any ofit and the father of a child is not liable for the blood-money of aninjury caused by the child and he is not responsible for it." Malik said, "The way of doing things in our community about whichthere is no dispute, is that when a slave is killed, the value for himis that of the day on which he was killed. The tribe of the murdereris not liable for any of the value of the slave, great or small. Thatis the responsibility of the one who struck him from his own personalproperty 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 becausethe slave is a certain type of goods." Yahya related to me from Malik from Ibn Shihab that Umar ibn al-Khattab demanded of the people at Mina, "If anyone has knowledge ofblood-money, let him inform me." Ad-Dahhak ibn Sufyan al-Kilabi stoodup and said, "The Messenger of Allah, may Allah bless him and granthim peace, wrote to me that the wife of Ashyam ad-Dibabi inheritedfrom 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 camein, ad-Dahhak told him about it and Umar ibn al-Khattab gave adecision based on that. Ibn Shihab said, "The killing ofAshyam was accidental." Malik related to me from Yahya ibn Said from Amr ibn Shuayb thata man of the Banu Mudlij called Qatada threw a sword at his son and itstruck his thigh. The wound bled profusely and he died. Suraqa ibnJusham came to Umar ibn al-Khattab and mentioned that to him Umar saidto him, "At the watering place of Qudayd count one hundred and twentycamels and wait until I come to you." When Umar ibn al-Khattab came tohim, he took thirty four-year-old camels, thirty five-year-old camels,and forty pregnant camels from them. Then he said, "Where is thebrother of the slain man?" He said, "Here." He said, "Take them. TheMessenger of Allah, may Allah bless him and grant him peace, said,'The killer gets nothing.' " Malik said that he had heardthat Said ibn al-Musayyab and Sulayman ibn Yasar were asked, "Does onedeal more harshly in taking the blood-money in the sacred month?" Theysaid, "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 increasesfor the life?" He said, "Yes." Malik added, "I think thatthey meant the same as what Umar ibn al-Khattab did with respect tothe blood-money of the Mudliji when he struck his son." (i.e. giving120 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 youngpaternal uncle who was younger than him and who was living with hismaternal uncles. Uhayha took him and killed him. His maternal unclessaid, "We brought him up from a baby to a youth till he stood firm onhis feet, and we have had the right of a man taken from us by hispaternal uncle." Urwa said, "For that reason a killer does not inheritfrom the one he killed." Malik said, "The way of doing thingsabout which there is no dispute is that the intentional murderer doesnot inherit anything of the blood-money of the person he has murderedor any of his property. He does not stop anyone who has a share ofinheritance from inheriting. The one who kills accidentally does notinherit anything of the blood-money and there is dispute as to whetheror not he inherits from the dead person's property because there is nosuspicion that he killed him for his inheritance and in order to takehis property. I prefer that he inherit from the dead person's propertyand 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, andriding it is responsible for what the animal strikes unless the animalkicks out without anything being done to it to make it kick out. Umaribn al-Khattab imposed the blood-money on a person who was exercisinghis horse." Malik said, "It is more fitting that a personleading an animal by the halter, driving it, or riding it incur a lossthan a person who is exercising his horse." (See hadith 4 of thisbook). Malik said, "What is done in our community about aperson who digs a well on a road or ties up an animal or does the likeof that on a road used by muslims, is that since what he has done isincluded in that which he is not permitted to do in such a place, heis 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 thirdor more, is owed by his tribe. Any such things that he does which heis permitted to do on the muslims' road are something for which he hasno liability or loss. Part of that is a hole which a man digs tocollect rain, and the beast from which the man alights for some needand leaves standing on the road. There is no penalty against anyonefor this." Malik spoke about a man who went down a well, andanother man followed behind him, and the lower one pulled the higherone and they fell into the well and both died He said, "The tribe ofthe one who pulled him in is responsible for the blood-money." Malik spoke about a child whom a man ordered to go down into awell or to climb a palm tree and he died as a result. He said, "Theone who ordered him is liable for whatever befalls him, be it death orsomething else." Malik said, "The way of doing things in ourcommunity about which there is no dispute is that women and childrenare not obliged to pay blood-money together with the tribe in theblood-moneys which the tribe must pay. The blood-money is onlyobligatory for a man who has reached puberty." Malik saidthat the tribe could bind themselves to the blood-money of mawali ifthey wished. If they refused, they were people of the diwan or werecut off from their people. In the time of the Messenger of Allah, mayAllah bless him and grant him peace, people paid the blood-money toeach other as well as in the time of Abu Bakr as-Siddiq before therewas a diwan. The diwan was in the time of Umar ibn al-Khattab. No oneother than one's people and the ones holding the wala' paid blood-money for one because the wala' was not transferable and because theProphet, may Allah bless him and grant him peace, said, "The wala'belongs to the one who sets free." Malik said, "The wala' isan established relationship." Malik said, "What is done inour community about animals that are injured is that the person whocauses the injury pays whatever of their value has been diminished." Malik said about a man condemned to death and one of theother hudud befell him, "He is not punished for it. That is becausethe killing overrides all of that, except for slander. The slanderremains hanging over the one to whom it was said because it will besaid to him, 'Why do you not flog the one who slandered you?' I thinkthat the condemned man is flogged with the hadd before he is killed,and then he is killed. I do not think that any retaliation isinflicted on him for any injury except killing because killingoverrides all of that." Malik said, "What is done in ourcommunity is that when a murdered person is found among the main bodyof a people in a village or other place, the house or place of thenearest people to him is not responsible. That is because the murderedperson can be slain and then cast at the door of some people to shamethem by it. No one is responsible for the like of that." Malik said about a group of people who fight with each other and whenthe fight is broken up, a man is found dead or wounded, and it is notknown who did it, "The best of what is heard about that is that thereis blood-money for him, and the blood-money is against the people whoargued with him. If the injured or slain person is not from either ofthe two parties, his blood-money is against both of the two partiestogether." Yahya related to me from Malik from Yahya ibn Said from Said ibnal-Musayyab that Umar ibn al-Khattab killed five or seven people forone man whom they had killed secretly by trickery. Umar said, "Had allthe people of Sana joined forces against him, I would have killed themall." Yahya related to me from Malik from Muhammad ibn Abd ar-Rahmanibn Sad ibn Zurara that he had heard that Hafsa, the wife of theProphet, may Allah bless him and grant him peace, killed one of herslave-girls who had used sorcery against her. She was a mudabbara.Hafsa gave the order, and she was killed. Malik said, "Thesorcerer is the one who uses sorcery for himself and no one else usesthat for him. It is like the one about whom Allah, the Blessed, theExalted, said in His Book, 'They know the one who devotes himself toit will have no share in the Next World.' (Sura 2 ayat 102) I thinkthat that person is killed if he does that himself." Yahya related to me from Malik from Umar ibn Husayn, the mawla ofA'isha bint Qudama, that Abd al-Malik ibn Marwan imposed retaliationagainst a man who killed a mawla with a stick and so the mawla'spatron killed the man with a stick. Malik said, "Thegenerally agreed on way of doing things in our community about whichthere is no dispute is that when a man strikes another man with astick or hits him with a rock or intentionally strikes him causing hisdeath, that is an intentional injury and there is retaliation for it." Malik said, "Intentional murder with us is that a manintentionally goes to a man and strikes him until his life goes. Partof intentional injury also is that a man strikes a man in a quarrelbetween them. He leaves him while he is alive, and he bleeds to deathand so dies. There is retaliation for that." Malik said,"What is done in our community is that a group of free men are killedfor the intentional murder of one free man, and a group of women forone woman, and a group of slaves for one slave." Yahya related to me from Malik that he had heard that Marwan ibnal-Hakam wrote to Muawiya ibn Abi Sufyan to mention to him that adrunkard was brought to him who had killed a man. Muawiya wrote to himto kill him in retaliation for the dead man. Yahya said thatMalik said, "The best of what I have heard on the interpretation ofthis ayat, the word of Allah, the Blessed, the Exalted, 'The free manfor the free man and the slave for the slave - these are men and thewoman for the woman,' (Sura 2 ayat 178) is that retaliation is betweenwomen as it is between men. The free woman is killed for the freewoman as the free man is killed for the free man. The slave-girl isslain for the slave-girl as the slave is slain for the slave.Retaliation is between women as it is between men. That is becauseAllah, the Blessed, the Exalted, said in His Book, 'We have writtenfor them in it that it is a life for a life and an eye for an eye, anose for a nose, and an ear for an ear, and a tooth for a tooth, andfor 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 ofa free woman for the life of a free man, and her injury for hisinjury." Malik said about a man who held a man fast foranother man to hit, and he died on the spot, "If he held him and hethought that he meant to kill him, the two of them are both killed forhim. If he held him and he thought that he meant to beat him as peoplesometimes do, and he did not think that he meant to kill him, themurderer is slain and the one who held him is punished with a verysevere punishment and jailed for a year. There is no killing againsthim." Malik said about a man who murdered a man intentionallyor gouged out his eye intentionally, and then was slain or had his eyegouged out himself before retaliation was inflicted on him, "There isno blood-money nor retaliation against him. The right of the one whowas killed or had his eye gouged out goes when the thing which he isclaiming as retaliation goes. It is the same with a man who murdersanother man intentionally and then the murderer dies. When themurderer dies, the one seeking blood-revenge has nothing of blood-money or anything else. That is by the word of Allah, the Blessed theExalted, 'Retaliation is written for you in killing. The free man forthe free man and the slave for the slave.' " Malik said, "Heonly has retaliation against the one who killed him. If the man whomurdered him dies, he has no retaliation or blood-money." Malik said, "There is no retaliation held against a free man by aslave for any injury. The slave is killed for the free man when heintentionally murders him. The free man is not slain for the slave,even if he murders him intentionally. It is the best of what I haveheard." Yahya related to me from Malik that he saw whomever he wassatisfied with among the people of knowledge say about a man whowilled that his murderer be pardoned when he murdered himintentionally, "That is permitted for him. He is more entitled to theman's blood than any of his relatives after him." Malik saidabout a man who pardoned murder, after he had claimed his right and itwas obliged for him, "There is no blood-money against the murdererunless the one who pardons him stipulates that when he pardons him." Malik said about the murderer when he was pardoned, "He isflogged one hundred lashes and jailed for a year." Maliksaid, "When a man murders intentionally and there is a clear proof ofthat, and the murdered man has sons and daughters and the sons pardonand the daughters refuse to pardon, the pardon of the sons ispermitted in opposition to the daughters and there is no authority forthe daughters with the sons in demanding blood and pardoning." Yahya said that Malik said, "The generally agreed on way of doingthings in our community is that retaliation is taken from someone whobreaks someone's hand or foot intentionally and not blood-money." Malik said, "Retaliation is not inflicted on anyone until thewound of the injured party has healed. Then retaliation is inflictedon him. If the wound of the person on whom the retaliation has beeninflicted is like the first person's wound when it heals, it isretaliation. If the wound of the one on whom the retaliation has beeninflicted becomes worse or he dies, there is nothing held against theone who has taken retaliation. If the wound of the person on whom theretaliation has been inflicted heals and the injured party isparalysed or his injury has healed but he has a scar, defect, orblemish, the person on whom the retaliation has been inflicted doesnot have his hand broken again and further retaliation is not takenfor his injury." He said, "But there is blood-money from himaccording to what he has impaired or maimed of the hand of the injuredparty. The bodily injury is also like that." Malik said,"When a man intentionally goes to his wife and gouges out her eye orbreaks her hand or cuts off her finger or such like, and does itintentionally, retaliation is inflicted on him. As for a man whostrikes his wife with a rope or a whip and hits what he did not meanto hit or does what he did not intend to do, he pays blood-money forwhat he has struck according to this principle, and retaliation is notinflicted on him." Yahya related to me from Malik that hehad heard that Abu Bakr ibn Muhammd ibn Amr ibn Hazm took retaliationfor the breaking of a leg. Yahya related to me from Malik from Abu'z-Zinad from Sulayman ibnYasar that a slave was set free by one of the people on hajj and hismaster had abandoned the right to inherit from him. The ex-slave thenkilled a man from the Banu A'idh tribe. An A'idhi, the father of theslain man came to Umar ibn al-Khattab seeking the blood-money of hisson. Umar said, "He has no blood-money." The A'idhi said, "What wouldyou think if it had been my son who killed him?" Umar said, "Then youwould pay his blood-money." He said, "He is then like the black andwhite Arqam snake. If it is left, it devours and if it is killed, ittakes revenge."