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Hadith 35450
Yahya related to me from Malik from Umar ibn Husayn, the mawla of
A'isha bint Qudama, that Abd al-Malik ibn Marwan imposed retaliation
against a man who killed a mawla with a stick and so the mawla's
patron killed the man with a stick.
Malik said, "The
generally agreed on way of doing things in our community about which
there is no dispute is that when a man strikes another man with a
stick or hits him with a rock or intentionally strikes him causing his
death, that is an intentional injury and there is retaliation for it."
Malik said, "Intentional murder with us is that a man
intentionally goes to a man and strikes him until his life goes. Part
of intentional injury also is that a man strikes a man in a quarrel
between them. He leaves him while he is alive, and he bleeds to death
and so dies. There is retaliation for that."
Malik said,
"What is done in our community is that a group of free men are killed
for the intentional murder of one free man, and a group of women for
one woman, and a group of slaves for one slave."
Muwatta Malik Book 43, Hadith 41
← Previous Hadith
Yahya related to me from Malik from Muhammad ibn Abd ar-Rahman
ibn Sad ibn Zurara that he had heard that Hafsa, the wife of the
Prophet, may Allah bless him and grant him peace, killed one of her
slave-girls who had used sorcery against her. She was a mudabbara.
Hafsa gave the order, and she was killed.
Malik said, "The
sorcerer is the one who uses sorcery for himself and no one else uses
that for him. It is like the one about whom Allah, the Blessed, the
Exalted, said in His Book, 'They know the one who devotes himself to
it will have no share in the Next World.' (Sura 2 ayat 102) I think
that that person is killed if he does that himself." Muwatta Malik Book 43, Hadith 40
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Yahya related to me from Malik that he had heard that Marwan ibn
al-Hakam wrote to Muawiya ibn Abi Sufyan to mention to him that a
drunkard was brought to him who had killed a man. Muawiya wrote to him
to kill him in retaliation for the dead man.
Yahya said that
Malik said, "The best of what I have heard on the interpretation of
this ayat, the word of Allah, the Blessed, the Exalted, 'The free man
for the free man and the slave for the slave - these are men and the
woman for the woman,' (Sura 2 ayat 178) is that retaliation is between
women as it is between men. The free woman is killed for the free
woman as the free man is killed for the free man. The slave-girl is
slain for the slave-girl as the slave is slain for the slave.
Retaliation is between women as it is between men. That is because
Allah, the Blessed, the Exalted, said in His Book, 'We have written
for them in it that it is a life for a life and an eye for an eye, a
nose for a nose, and an ear for an ear, and a tooth for a tooth, and
for wounds there is retaliation.' (Sura 5 ayat 48) Allah, the Blessed,
the Exalted, mentioned that it is a life for a life. It is the life of
a free woman for the life of a free man, and her injury for his
injury."
Malik said about a man who held a man fast for
another man to hit, and he died on the spot, "If he held him and he
thought that he meant to kill him, the two of them are both killed for
him. If he held him and he thought that he meant to beat him as people
sometimes do, and he did not think that he meant to kill him, the
murderer is slain and the one who held him is punished with a very
severe punishment and jailed for a year. There is no killing against
him."
Malik said about a man who murdered a man intentionally
or gouged out his eye intentionally, and then was slain or had his eye
gouged out himself before retaliation was inflicted on him, "There is
no blood-money nor retaliation against him. The right of the one who
was killed or had his eye gouged out goes when the thing which he is
claiming as retaliation goes. It is the same with a man who murders
another man intentionally and then the murderer dies. When the
murderer dies, the one seeking blood-revenge has nothing of blood-
money or anything else. That is by the word of Allah, the Blessed the
Exalted, 'Retaliation is written for you in killing. The free man for
the free man and the slave for the slave.' "
Malik said, "He
only has retaliation against the one who killed him. If the man who
murdered him dies, he has no retaliation or blood-money."
Malik said, "There is no retaliation held against a free man by a
slave for any injury. The slave is killed for the free man when he
intentionally murders him. The free man is not slain for the slave,
even if he murders him intentionally. It is the best of what I have
heard." Muwatta Malik Book 43, Hadith 42