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Muwatta Imam Malik

Blood-Money

كتاب العقول

حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنِ ابْنِ شِهَابٍ، عَنْ سَعِيدِ بْنِ الْمُسَيَّبِ، وَأَبِي، سَلَمَةَ بْنِ عَبْدِ الرَّحْمَنِ عَنْ أَبِي هُرَيْرَةَ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ ‏"‏ جَرْحُ الْعَجْمَاءِ جُبَارٌ وَالْبِئْرُ جُبَارٌ وَالْمَعْدِنُ جُبَارٌ وَفِي الرِّكَازِ الْخُمُسُ ‏"‏ ‏.‏

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 theMessenger of Allah, may Allah bless him and grant him peace, said,"The wound of an animal is of no account and no compensation is duefor 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 afifth 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." Translation Not Available

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Book reference: Muwatta Imam Malik Book 43 Hadith no 1592
Web reference: Muwatta Imam Malik Book 43 Hadith no 12


وَحَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنْ يَحْيَى بْنِ سَعِيدٍ، عَنْ سَعِيدِ بْنِ الْمُسَيَّبِ، أَنَّ عُمَرَ بْنَ الْخَطَّابِ، قَتَلَ نَفَرًا خَمْسَةً أَوْ سَبْعَةً بِرَجُلٍ وَاحِدٍ قَتَلُوهُ قَتْلَ غِيلَةٍ وَقَالَ عُمَرُ لَوْ تَمَالأَ عَلَيْهِ أَهْلُ صَنْعَاءَ لَقَتَلْتُهُمْ جَمِيعًا ‏.‏

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." Translation Not Available

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Book reference: Muwatta Imam Malik Book 43 Hadith no 1593
Web reference: Muwatta Imam Malik Book 43 Hadith no 13


وَحَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنْ مُحَمَّدِ بْنِ عَبْدِ الرَّحْمَنِ بْنِ سَعْدِ بْنِ زُرَارَةَ، أَنَّهُ بَلَغَهُ أَنَّ حَفْصَةَ، زَوْجَ النَّبِيِّ صلى الله عليه وسلم قَتَلَتْ جَارِيَةً لَهَا سَحَرَتْهَا وَقَدْ كَانَتْ دَبَّرَتْهَا فَأَمَرَتْ بِهَا فَقُتِلَتْ ‏.‏ قَالَ مَالِكٌ السَّاحِرُ الَّذِي يَعْمَلُ السِّحْرَ وَلَمْ يَعْمَلْ ذَلِكَ لَهُ غَيْرُهُ هُوَ مَثَلُ الَّذِي قَالَ اللَّهُ تَبَارَكَ وَتَعَالَى فِي كِتَابِهِ ‏{‏وَلَقَدْ عَلِمُوا لَمَنِ اشْتَرَاهُ مَا لَهُ فِي الآخِرَةِ مِنْ خَلاَقٍ‏}‏ فَأَرَى أَنْ يُقْتَلَ ذَلِكَ إِذَا عَمِلَ ذَلِكَ هُوَ نَفْسُهُ ‏.‏

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." Translation Not Available

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Book reference: Muwatta Imam Malik Book 43 Hadith no 1594
Web reference: Muwatta Imam Malik Book 43 Hadith no 14


وَحَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنْ عُمَرَ بْنِ حُسَيْنٍ، مَوْلَى عَائِشَةَ بِنْتِ قُدَامَةَ أَنَّ عَبْدَ الْمَلِكِ بْنَ مَرْوَانَ، أَقَادَ وَلِيَّ رَجُلٍ مِنْ رَجُلٍ قَتَلَهُ بِعَصًا فَقَتَلَهُ وَلِيُّهُ بِعَصًا ‏.‏ قَالَ مَالِكٌ وَالأَمْرُ الْمُجْتَمَعُ عَلَيْهِ الَّذِي لاَ اخْتِلاَفَ فِيهِ عِنْدَنَا أَنَّ الرَّجُلَ إِذَا ضَرَبَ الرَّجُلَ بِعَصًا أَوْ رَمَاهُ بِحَجَرٍ أَوْ ضَرَبَهُ عَمْدًا فَمَاتَ مِنْ ذَلِكَ فَإِنَّ ذَلِكَ هُوَ الْعَمْدُ وَفِيهِ الْقِصَاصُ ‏.‏ قَالَ مَالِكٌ فَقَتْلُ الْعَمْدِ عِنْدَنَا أَنْ يَعْمِدَ الرَّجُلُ إِلَى الرَّجُلِ فَيَضْرِبَهُ حَتَّى تَفِيظَ نَفْسُهُ وَمِنَ الْعَمْدِ أَيْضًا أَنْ يَضْرِبَ الرَّجُلُ الرَّجُلَ فِي النَّائِرَةِ تَكُونُ بَيْنَهُمَا ثُمَّ يَنْصَرِفُ عَنْهُ وَهُوَ حَىٌّ فَيُنْزَى فِي ضَرْبِهِ فَيَمُوتُ فَتَكُونُ فِي ذَلِكَ الْقَسَامَةُ ‏.‏ قَالَ مَالِكٌ الأَمْرُ عِنْدَنَا أَنَّهُ يُقْتَلُ فِي الْعَمْدِ الرِّجَالُ الأَحْرَارُ بِالرَّجُلِ الْحُرِّ الْوَاحِدِ وَالنِّسَاءُ بِالْمَرْأَةِ كَذَلِكَ وَالْعَبِيدُ بِالْعَبْدِ كَذَلِكَ ‏.‏

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." Translation Not Available

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Book reference: Muwatta Imam Malik Book 43 Hadith no 1595
Web reference: Muwatta Imam Malik Book 43 Hadith no 15


حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، أَنَّهُ بَلَغَهُ أَنَّ مَرْوَانَ بْنَ الْحَكَمِ، كَتَبَ إِلَى مُعَاوِيَةَ بْنِ أَبِي سُفْيَانَ يَذْكُرُ أَنَّهُ أُتِيَ بِسَكْرَانَ قَدْ قَتَلَ رَجُلاً فَكَتَبَ إِلَيْهِ مُعَاوِيَةُ أَنِ اقْتُلْهُ بِهِ ‏.‏ قَالَ يَحْيَى قَالَ مَالِكٌ أَحْسَنُ مَا سَمِعْتُ فِي تَأْوِيلِ هَذِهِ الآيَةِ قَوْلِ اللَّهِ تَبَارَكَ وَتَعَالَى ‏{‏الْحُرُّ بِالْحُرِّ وَالْعَبْدُ بِالْعَبْدِ ‏}‏ فَهَؤُلاَءِ الذُّكُورُ ‏{‏وَالأُنْثَى بِالأُنْثَى‏}‏ أَنَّ الْقِصَاصَ يَكُونُ بَيْنَ الإِنَاثِ كَمَا يَكُونُ بَيْنَ الذُّكُورِ وَالْمَرْأَةُ الْحُرَّةُ تُقْتَلُ بِالْمَرْأَةِ الْحُرَّةِ كَمَا يُقْتَلُ الْحُرُّ بِالْحُرِّ وَالأَمَةُ تُقْتَلُ بِالأَمَةِ كَمَا يُقْتَلُ الْعَبْدُ بِالْعَبْدِ وَالْقِصَاصُ يَكُونُ بَيْنَ النِّسَاءِ كَمَا يَكُونُ بَيْنَ الرِّجَالِ وَالْقِصَاصُ أَيْضًا يَكُونُ بَيْنَ الرِّجَالِ وَالنِّسَاءِ وَذَلِكَ أَنَّ اللَّهَ تَبَارَكَ وَتَعَالَى قَالَ فِي كِتَابِهِ ‏{‏وَكَتَبْنَا عَلَيْهِمْ فِيهَا أَنَّ النَّفْسَ بِالنَّفْسِ وَالْعَيْنَ بِالْعَيْنِ وَالأَنْفَ بِالأَنْفِ وَالأُذُنَ بِالأُذُنِ وَالسِّنَّ بِالسِّنِّ وَالْجُرُوحَ قِصَاصٌ ‏}‏ فَذَكَرَ اللَّهُ تَبَارَكَ وَتَعَالَى أَنَّ النَّفْسَ بِالنَّفْسِ فَنَفْسُ الْمَرْأَةِ الْحُرَّةِ بِنَفْسِ الرَّجُلِ الْحُرِّ وَجُرْحُهَا بِجُرْحِهِ ‏.‏ قَالَ مَالِكٌ فِي الرَّجُلِ يُمْسِكُ الرَّجُلَ لِلرَّجُلِ فَيَضْرِبُهُ فَيَمُوتُ مَكَانَهُ أَنَّهُ إِنْ أَمْسَكَهُ وَهُوَ يَرَى أَنَّهُ يُرِيدُ قَتْلَهُ قُتِلاَ بِهِ جَمِيعًا وَإِنْ أَمْسَكَهُ وَهُوَ يَرَى أَنَّهُ إِنَّمَا يُرِيدُ الضَّرْبَ مِمَّا يَضْرِبُ بِهِ النَّاسُ لاَ يَرَى أَنَّهُ عَمَدَ لِقَتْلِهِ فَإِنَّهُ يُقْتَلُ الْقَاتِلُ وَيُعَاقَبُ الْمُمْسِكُ أَشَدَّ الْعُقُوبَةِ وَيُسْجَنُ سَنَةً لأَنَّهُ أَمْسَكَهُ وَلاَ يَكُونُ عَلَيْهِ الْقَتْلُ ‏.‏ قَالَ مَالِكٌ فِي الرَّجُلِ يَقْتُلُ الرَّجُلَ عَمْدًا أَوْ يَفْقَأُ عَيْنَهُ عَمْدًا فَيُقْتَلُ الْقَاتِلُ أَوْ تُفْقَأُ عَيْنُ الْفَاقِئِ

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." Translation Not Available

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Book reference: Muwatta Imam Malik Book 43 Hadith no 1596
Web reference: Muwatta Imam Malik Book 43 Hadith no 15


وَحَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، أَنَّهُ بَلَغَهُ أَنَّ أَبَا بَكْرِ بْنَ مُحَمَّدِ بْنِ عَمْرِو بْنِ حَزْمٍ، أَقَادَ مِنْ كَسْرِ الْفَخِذِ ‏.‏

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." Translation Not Available

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Book reference: Muwatta Imam Malik Book 43 Hadith no 1597
Web reference: Muwatta Imam Malik Book 43 Hadith no 15



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