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Hadith 35443
Yahya related to me from Malik from Ibn Shihab that Umar ibn al-
Khattab demanded of the people at Mina, "If anyone has knowledge of
blood-money, let him inform me." Ad-Dahhak ibn Sufyan al-Kilabi stood
up and said, "The Messenger of Allah, may Allah bless him and grant
him peace, wrote to me that the wife of Ashyam ad-Dibabi inherited
from the blood-money of her husband." Umar ibn al-Khattab said to him,
"Go into the tent until I come to you." When Umar ibn al-Khattab came
in, ad-Dahhak told him about it and Umar ibn al-Khattab gave a
decision based on that.
Ibn Shihab said, "The killing of
Ashyam was accidental."
Muwatta Malik Book 43, Hadith 34
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Malik said that Ibn Shihab said, "The precedent of the sunna in
the intentional murder is that when the relatives of the murdered
person relinquish retaliation, the blood-money is owed by the murderer
from his own property unless the tribe helps him with it willingly."
Malik said, "What is done in our community is that the blood-
money is not obliged against the tribe until it has reached a third of
the full amount and upwards. Whatever reaches a third is against the
tribe, and whatever is below a third, is against the property of the
one who did the injury."
Malik said, "The way of doing things
about which there is no dispute among us, in the case of someone who
has the blood-money accepted from him in intentional murder or in any
injury in which there is retaliation, is that that blood-money is not
due from the tribe unless they wish it. The blood-money for that is
from the property of the murderer or the injurer if he has property.
If he does not have any property, it is a debt against him, and none
of it is owed by the tribe unless they wish."
Malik said,
"The tribe does not pay blood-money to anyone who injures himself,
intentionally or accidentally. This is the opinion of the people of
fiqh in our community. I have not heard that anyone has made the tribe
liable for any blood-money incurred by intentional acts. Part of what
is well-known of that is that Allah, the Blessed, and the Exalted,
said in His Book, 'Whoever has something pardoned him by his brother,
should follow it with what is accepted and pay it with good will'
(Sura 2 ayat 178) The commentary on that - in our view - and Allah
knows best, is that whoever gives his brother something of the blood-
money, should follow it with what is accepted and pay him with good
will."
Malik spoke about a child who had no property and a
woman who had no property. He said, "When one of them causes an injury
below a third of the blood-money, it is taken on behalf of the child
and woman from their personal property, if they have property from
which it may be taken. If not, the injury which each of them has
caused is a debt against them. The tribe does not have to pay any of
it and the father of a child is not liable for the blood-money of an
injury caused by the child and he is not responsible for it."
Malik said, "The way of doing things in our community about which
there is no dispute, is that when a slave is killed, the value for him
is that of the day on which he was killed. The tribe of the murderer
is not liable for any of the value of the slave, great or small. That
is the responsibility of the one who struck him from his own personal
property as far as it covers. If the value of the slave is the blood-
money or more, that is against him in his property. That is because
the slave is a certain type of goods." Muwatta Malik Book 43, Hadith 33
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Malik related to me from Yahya ibn Said from Amr ibn Shuayb that
a man of the Banu Mudlij called Qatada threw a sword at his son and it
struck his thigh. The wound bled profusely and he died. Suraqa ibn
Jusham came to Umar ibn al-Khattab and mentioned that to him Umar said
to him, "At the watering place of Qudayd count one hundred and twenty
camels and wait until I come to you." When Umar ibn al-Khattab came to
him, he took thirty four-year-old camels, thirty five-year-old camels,
and forty pregnant camels from them. Then he said, "Where is the
brother of the slain man?" He said, "Here." He said, "Take them. The
Messenger of Allah, may Allah bless him and grant him peace, said,
'The killer gets nothing.' " Muwatta Malik Book 43, Hadith 35