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The Blood-Money for the Foetus

Yahya related to me from Malik from Ibn Shihab from Saidibn al-Musayyab that the Messenger of Allah, may Allahbless him and grant him peace, gave a judgement that thecompensation for a foetus killed in its mother's womb wasa slave or slave-girl of fair complexion and excellence.The one against whom the judgement was given said, "Whyshould I pay damages for that which did not drink or eator speak or make any cry. The like of that is nothing."The Messenger of Allah, may Allah bless him and grant himpeace, said, "This is only one of the brothers of thediviners." He disapproved of the rhyming speech of theman's declaration.

Yahya related to me from Malik that Rabia ibn Abi Abdar-Rahman said, "The slave of fair complexion andexcellence is estimated at fifty dinars or six hundreddirhams. The blood-money of a free muslim woman is fivehundred dinars or six thousand dirhams."

Malik said, "The blood-money of the foetus of a freewoman is a tenth of her blood-money. The tenth is fiftydinars or six hundred dirhams."

Malik said, "I have not heard anyone dispute that thereis no slave in compensation for the foetus until itleaves its mother's womb and falls still-born from herwomb . "

Malik said, "I heard that if the foetus comes out of itsmother's womb alive and then dies, the full blood-moneyis due for it."

Malik said, "The foetus is not alive unless it cries atbirth. If it comes out of its mother's womb and cries outand then dies, the complete blood-money is due for it. Wethink that the slave-girl's foetus has a tenth of theprice of the slave-girl."

Malik said, "When a woman murders a man or woman, and themurderess is pregnant, retaliation is not taken againsther until she has given birth. If a woman who is pregnantis killed intentionally or unintentionally, the one whokilled her is not obliged to pay anything for her foetus.If she is murdered, then the one who killed her is killedand there is no blood-money for her foetus. If she iskilled accidentally, the tribe obliged to pay on behalfof her killer pays her blood-money, and there is noblood-money for the foetus."

Yahya related to me, "Malik was asked about the foetus ofthe christian or jewish woman which was aborted. He said,'I think that there is a tenth of the blood-money of themother for it.' "

Injuries For Which There is Full Blood-Money

Yahya related to me from Malik from Ibn Shihab that Saidibn al-Musayyab used to say, "The full blood-money ispayable for cutting off both lips, but when the lower oneonly is cut off, two-thirds of the blood-money is due forit."

Yahya related to me from Malik that he asked Ibn Shihababout the one-eyed man who gouged out the eye of ahealthy person. Ibn Shihab said, "If the healthy personwants to take retaliation from him, he can have hisretaliation. If he prefers, he has blood-money of onethousand dinars, twelve thousand dirhams."

Yahya related to me from Malik that he heard that fullblood-money was payable for both of a pair of anything ina man that occurred in pairs, and the tongue had fullblood-money. The ears, when their hearing departed, hadfull blood-money, whether or not they were cut off, and aman's penis had full blood-money and the testicles hadfull blood-money.

Yahya related to me from Malik that he heard that thebreasts of a woman had full blood-money.

Malik said, "The least of that are the eyebrows and aman's breasts."

Malik said, "What is done in our community when a man isinjured in his extremities to an extent that obligespayment of more than the amount of his full blood-money,is that it is his right. If his hands, feet, and eyes areall injured, he has three full blood-moneys."

Malik said about the sound eye of a one-eyed man when itis accidentally gouged out, "The full blood-money ispayable for it."

The Blood-Money for an Eye whose Sight is Lost

Yahya related to me from Malik from Yahya ibn Said fromSulayman ibn Yasar that Zayd ibn Thabit used to say,"When the eye remains but the sight is lost, one hundreddinars are payable for it."

Yahya said, "Malik was asked about cutting off the lowerlid of the eye and the bone around the eye. He said,'There is only ijtihad in that unless the vision of theeye is impaired. He is entitled to an amount that iscompatible to the extent the vision of the eye has beenimpaired."

Yahya said that Malik said, "What is done in ourcommunity about removing the bad eye of a one-eyed manwhen it has already been blinded and still remains therein its place and the paralyzed hand when it is cut off,is that there is only ijtihad in that, and there is noprescribed blood-money."

The Blood-Money for Head Wounds

Yahya related to me from Malik that Yahya ibn Said heardSulayman ibn Yasar mention that a face wound in which thebone was bared was like a head wound in which the bonewas bared, unless the face was scarred by the wound. Thenthe blood-money is increased by one half of theblood-money of the head wound in which the skin was baredso that seventy five dinars are payable for it.

Malik said, "What is done in our community is that thehead wound with splinters has fifteen camels." Heexplained, "The head wound with splinters is that fromwhich pieces of bone fly off and which does not reach thebrain. It can be in the head or the face."

Malik said, "The generally agreed on way of doing thingsin our community, is that there is no retaliation for awound to the brain or a belly wound, and Ibn Shihab hassaid, 'There is no retaliation for a wound to the brain.'"

Malik explained, "The wound to the brain is what piercesthe bones to the brain. This type of wound only occurs inthe head. It is that which reaches the brain when thebones are pierced."

Malik said, "What is done in our community is that thereis no blood-money paid on any head wound less than onewhich lays bare the skull. Blood-money is payable onlyfor the head wound that bares the bone and what is worsethan that. That is because the Messenger of Allah, mayAllah bless him and grant him peace, stopped at the headwound which bared the bone in his letter to Amr ibn Hazm.He made it five camels. The imams, past and present, havenot made any blood-money payable for injuries less thanthe head wound which bares the bone."

Yahya related to me from Malik from Yahya ibn Said, thatSaid ibn al-Musayyab said, "For every piercing wound inany of the organs or limbs of the body, one third of theblood-money of that limb is payable."

Malik related to me, "Ibn Shihab did not think and nor doI, that there is a generally agreed on way of doingthings regarding a piercing wound in any of the organs orlimbs of the body, but I think that there is ijtihad inthe case. The imam uses ijtihad in it, and there is nogenerally agreed on way of doing things in our communityabout it."

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

Malik said, "I do not think the lower jaw and the noseare part of the head in their injury because they areseparate bones, and except for them the head is onebone."

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

The Blood-Money for Fingers

ibn Abi Abd ar-Rahman said, "I asked Said ibn alMusayyab, 'How much for the finger of a woman?' He said,'Ten camels' I said, 'How much for two fingers?' He said,'Twenty camels.' I said, 'How much for three?' He said,'Thirty camels.' I said, 'How much for four?' He said,'Twenty camels.' I said, 'When her wound is greater andher affliction stronger, is her blood-money then less?'He said, 'Are you an Iraqi?' I said, 'Rather, I am ascholar who seeks to verify things, or an ignorant manwho seeks to learn.' Said said, 'It is the sunna, mynephew.' "

Malik said, "What is done in our community about all thefingers of the hand being cut off is that its blood-moneyis complete. That is because when five fingers are cut,their blood-money is the blood-money of the hand: fiftycamels. Each finger has ten camels."

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