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Hadith 35445
Malik said that he had heard
that Said ibn al-Musayyab and Sulayman ibn Yasar were asked, "Does one
deal more harshly in taking the blood-money in the sacred month?" They
said, "No. But it is increased in it because of violating the month."
It was said to Said, "Does one increase for the wound as one increases
for the life?" He said, "Yes."
Malik added, "I think that
they meant the same as what Umar ibn al-Khattab did with respect to
the blood-money of the Mudliji when he struck his son." (i.e. giving
120 camels instead of 100).
Muwatta Malik Book 43, Hadith 36
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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
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11 Malik related to me from Yahya ibn Said from Urwa ibn az-
Zubayr that a man of the Ansar called Uhayha ibn al-Julah had a young
paternal uncle who was younger than him and who was living with his
maternal uncles. Uhayha took him and killed him. His maternal uncles
said, "We brought him up from a baby to a youth till he stood firm on
his feet, and we have had the right of a man taken from us by his
paternal uncle." Urwa said, "For that reason a killer does not inherit
from the one he killed."
Malik said, "The way of doing things
about which there is no dispute is that the intentional murderer does
not inherit anything of the blood-money of the person he has murdered
or any of his property. He does not stop anyone who has a share of
inheritance from inheriting. The one who kills accidentally does not
inherit anything of the blood-money and there is dispute as to whether
or not he inherits from the dead person's property because there is no
suspicion that he killed him for his inheritance and in order to take
his property. I prefer that he inherit from the dead person's property
and not inherit from the blood-money." Muwatta Malik Book 43, Hadith 37