Muwatta Imam Malik — Blood-Money

Yahya related to me from Malik from Zayd ibn Aslam from Muslim ibn Jundub from Aslam, the mawla of Umar ibn al-Khattab that Umar ibn al-Khattab decided on a camel for a molar, a camel for a collar-bone, and a camel for a rib

وحدثني يحيى، عن مالك، عن زيد بن اسلم، عن مسلم بن جندب، عن اسلم، مولى عمر بن الخطاب ان عمر بن الخطاب، قضى في الضرس بجمل وفي الترقوة بجمل وفي الضلع بجمل

Yahya related to me from Malik that Yahya ibn Said heard Said ibn al-Musayyab say, ''Umar ibn al-Khattab decided on a camel for each molar, and Muawiya ibn Abi Sufyan decided on five camels for each molar." Said ibn al-Musayyab said, "The blood-money is less in the judgement of Umar ibn al-Khattab and more in the judgement of Muawiya. Had it been me, I would have made it two camels for each molar. That is the fair blood-money, and every one who strives with ijtihad is rewarded

وحدثني يحيى، عن مالك، عن يحيى بن سعيد، انه سمع سعيد بن المسيب، يقول قضى عمر بن الخطاب في الاضراس ببعير بعير وقضى معاوية بن ابي سفيان في الاضراس بخمسة ابعرة خمسة ابعرة . قال سعيد بن المسيب فالدية تنقص في قضاء عمر بن الخطاب وتزيد في قضاء معاوية فلو كنت انا لجعلت في الاضراس بعيرين بعيرين فتلك الدية سواء وكل مجتهد ماجور

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab used to say,' 'When a tooth is struck and becomes black, there is complete blood- money for it. If it falls out after it becomes black, there is also the complete blood-money for it

وحدثني يحيى، عن مالك، عن يحيى بن سعيد، عن سعيد بن المسيب، انه كان يقول اذا اصيبت السن فاسودت ففيها عقلها تاما فان طرحت بعد ان تسود ففيها عقلها ايضا تاما

Yahya related to me from Malik from Da'ud ibn al-Husayn that Abu Ghatafan ibn Tarif al-Murri informed him that Marwan ibn al-Hakam sent him to Abdullah ibn Abbas to ask him what there was for the molar. Abdullah ibn Abbas said, "There are five camels for it." He said, "Marwan sent me back again to Abdullah ibn Abbas.'' He said, "Do you make front teeth like molars?" Abdullah ibn Abbas said, "It is enough that you take the fingers as the example for that, their blood-moneys being all the same

وحدثني يحيى، عن مالك، عن داود بن الحصين، عن ابي غطفان بن طريف المري، انه اخبره ان مروان بن الحكم بعثه الى عبد الله بن عباس يساله ماذا في الضرس فقال عبد الله بن عباس فيه خمس من الابل . قال فردني مروان الى عبد الله بن عباس فقال اتجعل مقدم الفم مثل الاضراس . فقال عبد الله بن عباس لو لم تعتبر ذلك الا بالاصابع عقلها سواء

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

وحدثني يحيى، عن مالك، عن هشام بن عروة، عن ابيه، انه كان يسوي بين الاسنان في العقل ولا يفضل بعضها على بعض . قال مالك والامر عندنا ان مقدم الفم والاضراس والانياب عقلها سواء وذلك ان رسول الله صلى الله عليه وسلم قال " في السن خمس من الابل " . والضرس سن من الاسنان لا يفضل بعضها على بعض

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab and Sulayman ibn Yasar said, "The head wound of the slave in which the bone is bared is a twentieth of his price

وحدثني يحيى، عن مالك، انه بلغه ان سعيد بن المسيب، وسليمان بن يسار، كانا يقولان في موضحة العبد نصف عشر ثمنه

Malik related to me that he had heard that Marwan ibn al-Hakam gave a decision about a slave who was injured that the person who injured him had to pay what he had diminished of the value of the slave. Malik said, "What is done in our community is that for the head wound of a slave that bares the bone, there is a twentieth of his price. The head wound which splinters the bone is three twentieths of his price. Both the wound to the brain and the belly wound are a third of his price. Besides these four, any other types of injury that decrease the price of the slave are considered after the slave is better and well, and one sees what the value of the slave is after his injury and what his value whole was before he had the injury. Then the one who injured him pays the difference between the two values

وحدثني مالك، انه بلغه ان مروان بن الحكم، كان يقضي في العبد يصاب بالجراح ان على من جرحه قدر ما نقص من ثمن العبد . قال مالك والامر عندنا ان في موضحة العبد نصف عشر ثمنه وفي منقلته العشر ونصف العشر من ثمنه وفي مامومته وجايفته في كل واحدة منهما ثلث ثمنه وفيما سوى هذه الخصال الاربع مما يصاب به العبد ما نقص من ثمنه ينظر في ذلك بعد ما يصح العبد ويبرا كم بين قيمة العبد بعد ان اصابه الجرح وقيمته صحيحا قبل ان يصيبه هذا ثم يغرم الذي اصابه ما بين القيمتين . قال مالك في العبد اذا كسرت يده او رجله ثم صح كسره فليس على من اصابه شىء فان اصاب كسره ذلك نقص او عثل كان على من اصابه قدر ما نقص من ثمن العبد . قال مالك الامر عندنا في القصاص بين المماليك كهيية قصاص الاحرار نفس الامة بنفس العبد وجرحها بجرحه فاذا قتل العبد عبدا عمدا خير سيد العبد المقتول فان شاء قتل وان شاء اخذ العقل فان اخذ العقل اخذ قيمة عبده وان شاء رب العبد القاتل ان يعطي ثمن العبد المقتول فعل وان شاء اسلم عبده فاذا اسلمه فليس عليه غير ذلك وليس لرب العبد المقتول اذا اخذ العبد القاتل ورضي به ان يقتله وذلك في القصاص كله بين العبيد في قطع اليد والرجل واشباه ذلك بمنزلته في القتل . قال مالك في العبد المسلم يجرح اليهودي او النصراني ان سيد العبد ان شاء ان يعقل عنه ما قد اصاب فعل او اسلمه فيباع فيعطي اليهودي او النصراني من ثمن العبد دية جرحه او ثمنه كله ان احاط بثمنه ولا يعطي اليهودي ولا النصراني عبدا مسلما

Yahya related to me from Malik that he heard that Umar ibn Abd al-Aziz gave a decision that when a jew or christian was killed, his blood-money was half the blood-money of a free muslim. Malik said, "What is done in our community, is that a muslim is not killed for a kafir unless the muslim kills him by deceit. Then he is killed for it

وحدثني يحيى، عن مالك، انه بلغه ان عمر بن عبد العزيز، قضى ان دية اليهودي، او النصراني - اذا قتل احدهما - مثل نصف دية الحر المسلم . قال مالك الامر عندنا ان لا يقتل مسلم بكافر الا ان يقتله مسلم قتل غيلة فيقتل به

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

وحدثني يحيى، عن مالك، عن يحيى بن سعيد، ان سليمان بن يسار، كان يقول دية المجوسي ثماني ماية درهم . قال مالك وهو الامر عندنا . قال مالك وجراح اليهودي والنصراني والمجوسي في دياتهم على حساب جراح المسلمين في دياتهم الموضحة نصف عشر ديته والمامومة ثلث ديته والجايفة ثلث ديته فعلى حساب ذلك جراحاتهم كلها

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

حدثني يحيى، عن مالك، عن هشام بن عروة، عن ابيه، انه كان يقول ليس على العاقلة عقل في قتل العمد انما عليهم عقل قتل الخطا

Yahya related to me from Malik that Ibn Shihab said, "The precedent of the sunna is that the tribe are not liable for any blood- money of an intentional killing unless they wish that." Yahya related to me from Malik from Yahya ibn Said the same as that

وحدثني يحيى، عن مالك، عن ابن شهاب، انه قال مضت السنة ان العاقلة لا تحمل شييا من دية العمد الا ان يشاءوا ذلك . وحدثني يحيى، عن مالك، عن يحيى بن سعيد، مثل ذلك

Malik said that Ibn Shihab said, "The precedent of the sunna in the intentional murder is that when the relatives of the murdered person relinquish retaliation, the blood-money is owed by the murderer from his own property unless the tribe helps him with it willingly." Malik said, "What is done in our community is that the blood- money is not obliged against the tribe until it has reached a third of the full amount and upwards. Whatever reaches a third is against the tribe, and whatever is below a third, is against the property of the one who did the injury." Malik said, "The way of doing things about which there is no dispute among us, in the case of someone who has the blood-money accepted from him in intentional murder or in any injury in which there is retaliation, is that that blood-money is not due from the tribe unless they wish it. The blood-money for that is from the property of the murderer or the injurer if he has property. If he does not have any property, it is a debt against him, and none of it is owed by the tribe unless they wish." Malik said, "The tribe does not pay blood-money to anyone who injures himself, intentionally or accidentally. This is the opinion of the people of fiqh in our community. I have not heard that anyone has made the tribe liable for any blood-money incurred by intentional acts. Part of what is well-known of that is that Allah, the Blessed, and the Exalted, said in His Book, 'Whoever has something pardoned him by his brother, should follow it with what is accepted and pay it with good will' (Sura 2 ayat 178) The commentary on that - in our view - and Allah knows best, is that whoever gives his brother something of the blood- money, should follow it with what is accepted and pay him with good will." Malik spoke about a child who had no property and a woman who had no property. He said, "When one of them causes an injury below a third of the blood-money, it is taken on behalf of the child and woman from their personal property, if they have property from which it may be taken. If not, the injury which each of them has caused is a debt against them. The tribe does not have to pay any of it and the father of a child is not liable for the blood-money of an injury caused by the child and he is not responsible for it." Malik said, "The way of doing things in our community about which there is no dispute, is that when a slave is killed, the value for him is that of the day on which he was killed. The tribe of the murderer is not liable for any of the value of the slave, great or small. That is the responsibility of the one who struck him from his own personal property as far as it covers. If the value of the slave is the blood- money or more, that is against him in his property. That is because the slave is a certain type of goods

Yahya related to me from Malik from Ibn Shihab that Umar ibn al- Khattab demanded of the people at Mina, "If anyone has knowledge of blood-money, let him inform me." Ad-Dahhak ibn Sufyan al-Kilabi stood up and said, "The Messenger of Allah, may Allah bless him and grant him peace, wrote to me that the wife of Ashyam ad-Dibabi inherited from the blood-money of her husband." Umar ibn al-Khattab said to him, "Go into the tent until I come to you." When Umar ibn al-Khattab came in, ad-Dahhak told him about it and Umar ibn al-Khattab gave a decision based on that. Ibn Shihab said, "The killing of Ashyam was accidental

حدثني يحيى، عن مالك، عن ابن شهاب، ان عمر بن الخطاب، نشد الناس بمنى من كان عنده علم من الدية ان يخبرني . فقام الضحاك بن سفيان الكلابي فقال كتب الى رسول الله صلى الله عليه وسلم ان اورث امراة اشيم الضبابي من دية زوجها . فقال له عمر بن الخطاب ادخل الخباء حتى اتيك فلما نزل عمر بن الخطاب اخبره الضحاك فقضى بذلك عمر بن الخطاب . قال ابن شهاب وكان قتل اشيم خطا

Malik related to me from Yahya ibn Said from Amr ibn Shuayb that a man of the Banu Mudlij called Qatada threw a sword at his son and it struck his thigh. The wound bled profusely and he died. Suraqa ibn Jusham came to Umar ibn al-Khattab and mentioned that to him Umar said to him, "At the watering place of Qudayd count one hundred and twenty camels and wait until I come to you." When Umar ibn al-Khattab came to him, he took thirty four-year-old camels, thirty five-year-old camels, and forty pregnant camels from them. Then he said, "Where is the brother of the slain man?" He said, "Here." He said, "Take them. The Messenger of Allah, may Allah bless him and grant him peace, said, 'The killer gets nothing

وحدثني مالك، عن يحيى بن سعيد، عن عمرو بن شعيب، ان رجلا، من بني مدلج - يقال له قتادة - حذف ابنه بالسيف فاصاب ساقه فنزي في جرحه فمات فقدم سراقة بن جعشم على عمر بن الخطاب فذكر ذلك له فقال له عمر اعدد على ماء قديد عشرين وماية بعير حتى اقدم عليك فلما قدم اليه عمر بن الخطاب اخذ من تلك الابل ثلاثين حقة وثلاثين جذعة واربعين خلفة ثم قال اين اخو المقتول قال ها انا ذا . قال خذها فان رسول الله صلى الله عليه وسلم قال " ليس لقاتل شىء

Malik said that he had heard that Said ibn al-Musayyab and Sulayman ibn Yasar were asked, "Does one deal more harshly in taking the blood-money in the sacred month?" They said, "No. But it is increased in it because of violating the month." It was said to Said, "Does one increase for the wound as one increases for the life?" He said, "Yes." Malik added, "I think that they meant the same as what Umar ibn al-Khattab did with respect to the blood-money of the Mudliji when he struck his son." (i.e. giving 120 camels instead of)

وحدثني مالك، انه بلغه ان سعيد بن المسيب، وسليمان بن يسار، سيلا اتغلظ الدية في الشهر الحرام فقالا لا ولكن يزاد فيها للحرمة . فقيل لسعيد هل يزاد في الجراح كما يزاد في النفس فقال نعم . قال مالك اراهما ارادا مثل الذي صنع عمر بن الخطاب في عقل المدلجي حين اصاب ابنه

Malik related to me from Yahya ibn Said from Urwa ibn az- Zubayr that a man of the Ansar called Uhayha ibn al-Julah had a young paternal uncle who was younger than him and who was living with his maternal uncles. Uhayha took him and killed him. His maternal uncles said, "We brought him up from a baby to a youth till he stood firm on his feet, and we have had the right of a man taken from us by his paternal uncle." Urwa said, "For that reason a killer does not inherit from the one he killed." Malik said, "The way of doing things about which there is no dispute is that the intentional murderer does not inherit anything of the blood-money of the person he has murdered or any of his property. He does not stop anyone who has a share of inheritance from inheriting. The one who kills accidentally does not inherit anything of the blood-money and there is dispute as to whether or not he inherits from the dead person's property because there is no suspicion that he killed him for his inheritance and in order to take his property. I prefer that he inherit from the dead person's property and not inherit from the blood-money

وحدثني مالك، عن يحيى بن سعيد، عن عروة بن الزبير، ان رجلا، من الانصار - يقال له احيحة بن الجلاح - كان له عم صغير هو اصغر من احيحة وكان عند اخواله فاخذه احيحة فقتله فقال اخواله كنا اهل ثمه ورمه حتى اذا استوى على عممه غلبنا حق امري في عمه . قال عروة فلذلك لا يرث قاتل من قتل . قال مالك الامر الذي لا اختلاف فيه عندنا ان قاتل العمد لا يرث من دية من قتل شييا ولا من ماله ولا يحجب احدا وقع له ميراث وان الذي يقتل خطا لا يرث من الدية شييا وقد اختلف في ان يرث من ماله لانه لا يتهم على انه قتله ليرثه ولياخذ ماله فاحب الى ان يرث من ماله ولا يرث من ديته

Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab and Abu Salama ibn Abd ar-Rahman from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "The wound of an animal is of no account and no compensation is due for it. The well is of no account and no compensation is due for it. The mine is of no account and no compensation is due for it and a fifth is due for buried treasures." (Al-kanz:see Book 17). Malik said, "Everyone leading an animal by the halter, driving it, and riding it is responsible for what the animal strikes unless the animal kicks out without anything being done to it to make it kick out. Umar ibn al-Khattab imposed the blood-money on a person who was exercising his horse." Malik said, "It is more fitting that a person leading an animal by the halter, driving it, or riding it incur a loss than a person who is exercising his horse." (See hadith 4 of this book). Malik said, "What is done in our community about a person who digs a well on a road or ties up an animal or does the like of that on a road used by muslims, is that since what he has done is included in that which he is not permitted to do in such a place, he is liable for whatever injury or other thing arises from that action. The blood-money of that which is less than a third of the full blood- money is owed from his own personal property. Whatever reaches a third or more, is owed by his tribe. Any such things that he does which he is permitted to do on the muslims' road are something for which he has no liability or loss. Part of that is a hole which a man digs to collect rain, and the beast from which the man alights for some need and leaves standing on the road. There is no penalty against anyone for this." Malik spoke about a man who went down a well, and another man followed behind him, and the lower one pulled the higher one and they fell into the well and both died He said, "The tribe of the one who pulled him in is responsible for the blood-money." Malik spoke about a child whom a man ordered to go down into a well or to climb a palm tree and he died as a result. He said, "The one who ordered him is liable for whatever befalls him, be it death or something else." Malik said, "The way of doing things in our community about which there is no dispute is that women and children are not obliged to pay blood-money together with the tribe in the blood-moneys which the tribe must pay. The blood-money is only obligatory for a man who has reached puberty." Malik said that the tribe could bind themselves to the blood-money of mawali if they wished. If they refused, they were people of the diwan or were cut off from their people. In the time of the Messenger of Allah, may Allah bless him and grant him peace, people paid the blood-money to each other as well as in the time of Abu Bakr as-Siddiq before there was a diwan. The diwan was in the time of Umar ibn al-Khattab. No one other than one's people and the ones holding the wala' paid blood- money for one because the wala' was not transferable and because the Prophet, may Allah bless him and grant him peace, said, "The wala' belongs to the one who sets free." Malik said, "The wala' is an established relationship." Malik said, "What is done in our community about animals that are injured is that the person who causes the injury pays whatever of their value has been diminished." Malik said about a man condemned to death and one of the other hudud befell him, "He is not punished for it. That is because the killing overrides all of that, except for slander. The slander remains hanging over the one to whom it was said because it will be said to him, 'Why do you not flog the one who slandered you?' I think that the condemned man is flogged with the hadd before he is killed, and then he is killed. I do not think that any retaliation is inflicted on him for any injury except killing because killing overrides all of that." Malik said, "What is done in our community is that when a murdered person is found among the main body of a people in a village or other place, the house or place of the nearest people to him is not responsible. That is because the murdered person can be slain and then cast at the door of some people to shame them by it. No one is responsible for the like of that." Malik said about a group of people who fight with each other and when the fight is broken up, a man is found dead or wounded, and it is not known who did it, "The best of what is heard about that is that there is blood-money for him, and the blood-money is against the people who argued with him. If the injured or slain person is not from either of the two parties, his blood-money is against both of the two parties together

Yahya related to me from Malik from Yahya ibn Said from Said ibn al-Musayyab that Umar ibn al-Khattab killed five or seven people for one man whom they had killed secretly by trickery. Umar said, "Had all the people of Sana joined forces against him, I would have killed them all

وحدثني يحيى، عن مالك، عن يحيى بن سعيد، عن سعيد بن المسيب، ان عمر بن الخطاب، قتل نفرا خمسة او سبعة برجل واحد قتلوه قتل غيلة وقال عمر لو تمالا عليه اهل صنعاء لقتلتهم جميعا

Yahya related to me from Malik from Muhammad ibn Abd ar-Rahman ibn Sad ibn Zurara that he had heard that Hafsa, the wife of the Prophet, may Allah bless him and grant him peace, killed one of her slave-girls who had used sorcery against her. She was a mudabbara. Hafsa gave the order, and she was killed. Malik said, "The sorcerer is the one who uses sorcery for himself and no one else uses that for him. It is like the one about whom Allah, the Blessed, the Exalted, said in His Book, 'They know the one who devotes himself to it will have no share in the Next World.' (Sura 2 ayat 102) I think that that person is killed if he does that himself

وحدثني يحيى، عن مالك، عن محمد بن عبد الرحمن بن سعد بن زرارة، انه بلغه ان حفصة، زوج النبي صلى الله عليه وسلم قتلت جارية لها سحرتها وقد كانت دبرتها فامرت بها فقتلت . قال مالك الساحر الذي يعمل السحر ولم يعمل ذلك له غيره هو مثل الذي قال الله تبارك وتعالى في كتابه {ولقد علموا لمن اشتراه ما له في الاخرة من خلاق} فارى ان يقتل ذلك اذا عمل ذلك هو نفسه

Yahya related to me from Malik from Umar ibn Husayn, the mawla of A'isha bint Qudama, that Abd al-Malik ibn Marwan imposed retaliation against a man who killed a mawla with a stick and so the mawla's patron killed the man with a stick. Malik said, "The generally agreed on way of doing things in our community about which there is no dispute is that when a man strikes another man with a stick or hits him with a rock or intentionally strikes him causing his death, that is an intentional injury and there is retaliation for it." Malik said, "Intentional murder with us is that a man intentionally goes to a man and strikes him until his life goes. Part of intentional injury also is that a man strikes a man in a quarrel between them. He leaves him while he is alive, and he bleeds to death and so dies. There is retaliation for that." Malik said, "What is done in our community is that a group of free men are killed for the intentional murder of one free man, and a group of women for one woman, and a group of slaves for one slave

وحدثني يحيى، عن مالك، عن عمر بن حسين، مولى عايشة بنت قدامة ان عبد الملك بن مروان، اقاد ولي رجل من رجل قتله بعصا فقتله وليه بعصا . قال مالك والامر المجتمع عليه الذي لا اختلاف فيه عندنا ان الرجل اذا ضرب الرجل بعصا او رماه بحجر او ضربه عمدا فمات من ذلك فان ذلك هو العمد وفيه القصاص . قال مالك فقتل العمد عندنا ان يعمد الرجل الى الرجل فيضربه حتى تفيظ نفسه ومن العمد ايضا ان يضرب الرجل الرجل في النايرة تكون بينهما ثم ينصرف عنه وهو حى فينزى في ضربه فيموت فتكون في ذلك القسامة . قال مالك الامر عندنا انه يقتل في العمد الرجال الاحرار بالرجل الحر الواحد والنساء بالمراة كذلك والعبيد بالعبد كذلك