Home
Hadith
Hadith 35423
Yahya related to me from Malik from Ibn Shihab that Said ibn al-
Musayyab used to say, "The full blood-money is payable for cutting off
both lips, but when the lower one only is cut off, two-thirds of the
blood-money is due for it."
Muwatta Malik Book 43, Hadith 14
← Previous Hadith
Yahya related to me from Malik that
Rabia ibn Abi Abd ar-Rahman said, "The slave of fair complexion and
excellence is estimated at fifty dinars or six hundred dirhams. The
blood-money of a free muslim woman is five hundred dinars or six
thousand dirhams."
Malik said, "The blood-money of the foetus
of a free woman is a tenth of her blood-money. The tenth is fifty
dinars or six hundred dirhams."
Malik said, "I have not heard
anyone dispute that there is no slave in compensation for the foetus
until it leaves its mother's womb and falls still-born from her womb .
"
Malik said, "I heard that if the foetus comes out of its
mother's womb alive and then dies, the full blood-money is due for
it."
Malik said, "The foetus is not alive unless it cries at
birth. If it comes out of its mother's womb and cries out and then
dies, the complete blood-money is due for it. We think that the slave-
girl's foetus has a tenth of the price of the slave-girl."
Malik said, "When a woman murders a man or woman, and the murderess is
pregnant, retaliation is not taken against her until she has given
birth. If a woman who is pregnant is killed intentionally or
unintentionally, the one who killed her is not obliged to pay anything
for her foetus. If she is murdered, then the one who killed her is
killed and there is no blood-money for her foetus. If she is killed
accidentally, the tribe obliged to pay on behalf of her killer pays
her blood-money, and there is no blood-money for the foetus."
Yahya related to me, "Malik was asked about the foetus of the
christian or jewish woman which was aborted. He said, 'I think that
there is a tenth of the blood-money of the mother for it.' " Muwatta Malik Book 43, Hadith 13
Next Hadith →
Yahya related to me from Malik
that he asked Ibn Shihab about the one-eyed man who gouged out the eye
of a healthy person. Ibn Shihab said, "If the healthy person wants to
take retaliation from him, he can have his retaliation. If he prefers,
he has blood-money of one thousand dinars, twelve thousand dirhams."
Yahya related to me from Malik that he heard that full blood-
money was payable for both of a pair of anything in a man that
occurred in pairs, and the tongue had full blood-money. The ears, when
their hearing departed, had full blood-money, whether or not they were
cut off, and a man's penis had full blood-money and the testicles had
full blood-money.
Yahya related to me from Malik that he
heard that the breasts of a woman had full blood-money.
Malik
said, "The least of that are the eyebrows and a man's breasts."
Malik said, "What is done in our community when a man is injured
in his extremities to an extent that obliges payment of more than the
amount of his full blood-money, is that it is his right. If his hands,
feet, and eyes are all injured, he has three full blood-moneys."
Malik said about the sound eye of a one-eyed man when it is
accidentally gouged out, "The full blood-money is payable for it." Muwatta Malik Book 43, Hadith 15