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Hadith 35429

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman that Abdullah ibn az-Zubayr allowed retaliation for a head wound which splintered the bone.

Muwatta Malik Book 43, Hadith 20

← Previous Hadith Malik related to me, "Ibn Shihab did not think and nor do I, that there is a generally agreed on way of doing things regarding a piercing wound in any of the organs or limbs of the body, but I think that there is ijtihad in the case. The imam uses ijtihad in it, and there is no generally agreed on way of doing things in our community about it."

Malik said, "What is done in our community about the wound to the brain and the wound which splinters the bone, and the wound that bares the bone is that they apply only to the head and face. Whatever of that occurs in the body only has ijtihad in it."

Malik said, "I do not think the lower jaw and the nose are part of the head in their injury because they are separate bones, and except for them the head is one bone."

Muwatta Malik Book 43, Hadith 19 Next Hadith → fifty camels. Each finger has ten camels."

Malik said, "The reckoning of the fingers is thirty-three dinars for each fingertip, and that is three and a third shares of camels."

Muwatta Malik Book 43, Hadith 21

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