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Yahya related to me from Malik from Abu'z-Zinad from Sulayman ibn
Yasar that a slave was set free by one of the people on hajj and his
master had abandoned the right to inherit from him. The ex-slave then
killed a man from the Banu A'idh tribe. An A'idhi, the father of the
slain man came to Umar ibn al-Khattab seeking the blood-money of his
son. Umar said, "He has no blood-money." The A'idhi said, "What would
you think if it had been my son who killed him?" Umar said, "Then you
would pay his blood-money." He said, "He is then like the black and
white Arqam snake. If it is left, it devours and if it is killed, it
takes revenge."
Muwatta Malik Book 43, Hadith 45
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Yahya said that Malik said, "The generally agreed on way of doing
things in our community is that retaliation is taken from someone who
breaks someone's hand or foot intentionally and not blood-money."
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Yahya related to me from Malik from Abu Layla ibn Abdullah ibn
Abd ar-Rahman ibn Sahl from Sahl ibn Abi Hathma that some of the great
men of his people informed him that Abdullah ibn Sahl and Muhayyisa
went out to Khaybar because extreme poverty had overtaken them.
Muhayyisa returned and said that Abdullah ibn Sahl had been killed and
thrown in a shallow well or spring. The jews came and he said, "By
Allah! You have killed him." They said, "By Allah! We have not killed
him!" Then he made for his people and mentioned that to them. Then he,
his brother Huwayyisa, who was older than him, and Abd ar-Rahman, set
out. Muhayyisa began to speak, as he had been at Khaybar. The
Messenger of Allah, may Allah bless him and grant him peace, said to
him, "The greater first, the greater first," meaning in age. So
Huwayyisa spoke and then Muhayyisa spoke. The Messenger of Allah, may
Allah bless him and grant him peace, said, "Either they pay your
companion's blood-money or we will declare war against them." The
Messenger of Allah, may Allah bless him and grant him peace, wrote
that to them and they wrote, "By Allah, we did not kill him!" The
Messenger of Allah, may Allah bless him and grant him peace, said to
Huwayyisa, Muhayyisa, and Abd ar-Rahman, "Do you swear and claim the
blood of your companion?" They said, "No." He said, "Shall the jews
swear to you?" They said, "But they are not muslims." The Messenger of
Allah, may Allah bless him and grant him peace, gave blood-money from
his own property, and sent them one hundred camels to their house.