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Hadith 35417
Yahya related to me from Malik from Yahya ibn Said that Said ibn
al-Musayyab said, "The blood-money for a woman is the same as for a
man 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 is
like his, and her head wound which splinters the bone is like his."
Muwatta Malik Book 43, Hadith 8
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Malik related to me that the generally agreed on way of doing
things amongst the community about an accident is that there is no
blood-money until the victim is better. If a man's bone, either a
hand, or a foot, or another part of his body, is broken accidentally
and it heals and becomes sound and returns to its form, there is no
blood-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 is
impaired.
Malik said, "If that part of the body has a
specific blood-money mentioned by the Prophet, may Allah bless him and
grant him peace, it is according to what the Prophet, may Allah bless
him and grant him peace, specified. If it is part of what does not
have a specific blood-money for it mentioned by the Prophet, may Allah
bless him and grant him peace, and if there is no previous sunna about
it or specific blood-money, one uses ijtihad about it."
Malik
said, "There is no blood-money for an accidental bodily injury when
the wound heals and returns to its form. If there is any scar or mark
in that, ijtihad is used about it except for the belly-wound. There is
a 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 the
body, and it is like the wound to the body which lays bare the bone."
Malik said, "The generally agreed on way of doing things in
our community is that when the doctor performs a circumcision and cuts
off the glans, he must pay the full blood-money. That is because it is
an accident which the tribe is responsible for, and the full blood
money is payable for all that in which a doctor errs or exceeds, when
it is not intentional." Muwatta Malik Book 43, Hadith 7
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Yahya related to me from Malik that Ibn Shihab and also Urwa
ibn az-Zubayr said the same as Said ibn al-Musayyab said about a
woman. Her blood-money from a man is the same up to a third of the
blood-money of a man. If what she is owed exceeds a third of the
blood-money of the man, she is given up to half of the blood-money of
a man.
Malik said, "The explanation of that is that she has
blood-money for a head wound that lays bare the bone and one that
splinters the bone and for what is less than the brain wound and the
belly wound and the like of that of those which obliges a third of the
blood-money or more. If the amount owed her exceeds that, her blood-
money in that is half of the blood-money of a man." Muwatta Malik Book 43, Hadith 9