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Hadith 35425
Yahya related to me from Malik from Yahya ibn Said from Sulayman
ibn Yasar that Zayd ibn Thabit used to say, "When the eye remains but
the sight is lost, one hundred dinars are payable for it."
Yahya said, "Malik was asked about cutting off the lower lid of the
eye and the bone around the eye. He said, 'There is only ijtihad in
that unless the vision of the eye is impaired. He is entitled to an
amount that is compatible to the extent the vision of the eye has been
impaired."
Yahya said that Malik said, "What is done in our
community about removing the bad eye of a one-eyed man when it has
already been blinded and still remains there in its place and the
paralyzed hand when it is cut off, is that there is only ijtihad in
that, and there is no prescribed blood-money."
Muwatta Malik Book 43, Hadith 16
← Previous 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
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Yahya related to me from Malik that Yahya ibn Said heard Sulayman
ibn Yasar mention that a face wound in which the bone was bared was
like a head wound in which the bone was bared, unless the face was
scarred by the wound. Then the blood-money is increased by one half of
the blood-money of the head wound in which the skin was bared so that
seventy five dinars are payable for it.
Malik said, "What is
done in our community is that the head wound with splinters has
fifteen camels." He explained, "The head wound with splinters is that
from which pieces of bone fly off and which does not reach the brain.
It can be in the head or the face."
Malik said, "The
generally agreed on way of doing things in our community, is that
there is no retaliation for a wound to the brain or a belly wound, and
Ibn Shihab has said, 'There is no retaliation for a wound to the
brain.' "
Malik explained, "The wound to the brain is what
pierces the bones to the brain. This type of wound only occurs in the
head. It is that which reaches the brain when the bones are pierced."
Malik said, "What is done in our community is that there is
no blood-money paid on any head wound less than one which lays bare
the skull. Blood-money is payable only for the head wound that bares
the bone and what is worse than that. That is because the Messenger of
Allah, may Allah bless him and grant him peace, stopped at the head
wound which bared the bone in his letter to Amr ibn Hazm. He made it
five camels. The imams, past and present, have not made any blood-
money payable for injuries less than the head wound which bares the
bone." Muwatta Malik Book 43, Hadith 17