Imam Malik's Muwatta, Chapter: Blood Money

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From: Imam Malik's Muwatta
Chapter No. 43, Blood Money
Hadith No: 4
Narrated/Authority of
Yahya related to me from Malik from Ibn Shihab from Irak ibn Malik and Sulayman ibn Yasar that a man of the Banu Sad ibn Layth was running a horse and it trod on the finger of a man from the Juhayna tribe. It bled profusely, and he died. Umar ibn al-Khattab said to those against whom the claim was made. "Do you swear by Allah with fifty oaths that he did not die of it?" They refused and stopped themselves from doing it. He said to the others, "Will you take an oath?" They refused, so Umar ibn al-Khattab gave a judgement that the Banu Sad had to pay half the full blood-money. Malik said, "One does not act on this." Yahya related to me from Malik that Ibn Shihab, Sulayman ibn Yasar, and Rabia ibn Abi Abd ar-Rahman said, "The blood-money of manslaughter is twenty yearlings, twenty two-year-olds, twenty male two-year-olds, twenty four-year-olds, and twenty five-year-olds." Malik said, "The generally agreed on way with us is that there is no retaliation against children. Their intention is accidental. The hudud are not obliged for them if they have not yet reached puberty. If a child kills someone it is only accidentally. Had a child and an adult killed a free man accidentally, each of them pays half the full blood-money." Malik said, "A person who kills someone accidentally pays blood-money with his property and there is no retaliation against him. That money is like anything else from the dead man's property and his debt is paid with it and he is allowed to make a bequest from it. If he has a total property of which the blood-money is a third and then the blood-money is relinquished, that is permitted to him. If all the property he has is his blood-money, he is permitted to relinquish a third of it and to make that a bequest."

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