General Section on Blood-Money

12 Yahya related to me from Malik from Ibn Shihab from Sa'id 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 mine is of no account and no compensation is due for it and a fifth is due for buried treasure." (Al-Kanz: see Book 17)

[cf Bukhari 1428; also in Muslim]

Malik said, " Everyone leading an animal by the halter, driving it or riding it is responsible if the animal kicks out without anything being done to make it kick out. 'Umar ibn al-Khattab imposed the blood-money on a person who was exercising his horse."

Malik commented, " It is yet more fitting that a person who is 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 something similar on a road used by Muslims is that since what he has done is included among the things 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 for anything less than a third of the full blood-money is owed from his personal property. Whatever reaches a third or more is owed by his tribe. Anything that he does which he is permitted to do on the Muslims' roads is something for which he has no liability or loss. Such things include a hole which a man digs to collect rain, and a beast from which the man alights for some need and leaves standing on the road. There is no penalty against anyone for such as this."

Malik spoke about a man who went down a well with another man following behind him. The lower one pulled the higher one, and they both fell into the well and died. He said, " The tribe of the one who pulled the other in is responsible for the blood-money."

Malik spoke about a child whom a man ordered to go down 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 anything 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 any blood-money which the tribe must pay. The blood-money is only obligatory for men who have 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 came about 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 someone 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 commented, " 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 the amount that their value has been diminished."

Malik said about a man condemned to death who become liable to one of the other hudud as well, " He is not punished for it. That is because killing overrides everything, except for slander. 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 a 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 everything else."

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 people of the nearest house or place to him are not held 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 something like 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."

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