موطا امام مالك رواية يحييٰ
Muwatta Imam Malik (Riwayat Yahya)
كتاب العقولBook: On the Explanation of Blood Money
بَابُ مَا يُوجِبُ الْعَقْلَ عَلَى الرَّجُلِ فِي خَاصَّةِ مَالِهِChapter on What Obligates Compensation from One's Own Wealth
Hadith 1526
قَالَ مَالِكٌ: إِنَّ ابْنَ شِهَابٍ قَالَ: «مَضَتِ السُّنَّةُ فِي قَتْلِ الْعَمْدِ حِينَ يَعْفُو أَوْلِيَاءُ الْمَقْتُولِ، أَنَّ الدِّيَةَ تَكُونُ عَلَى الْقَاتِلِ فِي مَالِهِ خَاصَّةً إِلَّا أَنْ تُعِينَهُ الْعَاقِلَةُ عَنْ طِيبِ نَفْسٍ مِنْهَا». ¤
Imam Malik, may Allah have mercy on him, said that Ibn Shihab used to say: The Sunnah is that when, in the case of intentional murder, the heirs of the slain forgive retribution and are content with blood money, then the blood money will be taken from the wealth of the killer; the ‘aqilah have nothing to do with it, unless they themselves wish to pay.
Imam Malik, may Allah have mercy on him, said: According to us, the ruling is that blood money is not obligatory upon the ‘aqilah unless it is one-third or more; if it is less than one-third, it will be taken from the wealth of the perpetrator.
Imam Malik, may Allah have mercy on him, said: According to us, there is no difference of opinion in this, that in cases of intentional murder or other wounds for which retribution is obligatory, if blood money is accepted, it will be upon the person of the killer or the assailant, not upon the ‘aqilah, if he has wealth; and if he does not have wealth, then retribution remains upon him. However, if the ‘aqilah willingly wish to pay, that is another matter.
Imam Malik, may Allah have mercy on him, said: If a person wounds himself intentionally or by mistake, then its blood money will not be upon the ‘aqilah, and I have not heard of anyone who makes the ‘aqilah pay the blood money for intentional acts, because Allah, Glorified and Exalted, has said regarding intentional murder: “If his brother pardons him in any way (i.e., forgives retribution), then let there be a suitable follow-up and payment to him in a good manner.” (From this it is understood that the blood money for intentional murder should be paid by the killer.)
Imam Malik, may Allah have mercy on him, said: If a boy has no wealth or a woman has no wealth and they commit an offense for which less than one-third blood money is obligatory, then the blood money will be paid from their own wealth; if they have no wealth, then it will remain as a debt upon them, and nothing will be obligatory upon the ‘aqilah or the boy’s father.
Imam Malik, may Allah have mercy on him, said: When a slave is killed, his value on the day of the killing must be paid; nothing is obligatory upon the killer’s ‘aqilah, rather it will be taken from the specific wealth of the killer, even if the value of the slave is more than the blood money.
Imam Malik, may Allah have mercy on him, said: According to us, the ruling is that blood money is not obligatory upon the ‘aqilah unless it is one-third or more; if it is less than one-third, it will be taken from the wealth of the perpetrator.
Imam Malik, may Allah have mercy on him, said: According to us, there is no difference of opinion in this, that in cases of intentional murder or other wounds for which retribution is obligatory, if blood money is accepted, it will be upon the person of the killer or the assailant, not upon the ‘aqilah, if he has wealth; and if he does not have wealth, then retribution remains upon him. However, if the ‘aqilah willingly wish to pay, that is another matter.
Imam Malik, may Allah have mercy on him, said: If a person wounds himself intentionally or by mistake, then its blood money will not be upon the ‘aqilah, and I have not heard of anyone who makes the ‘aqilah pay the blood money for intentional acts, because Allah, Glorified and Exalted, has said regarding intentional murder: “If his brother pardons him in any way (i.e., forgives retribution), then let there be a suitable follow-up and payment to him in a good manner.” (From this it is understood that the blood money for intentional murder should be paid by the killer.)
Imam Malik, may Allah have mercy on him, said: If a boy has no wealth or a woman has no wealth and they commit an offense for which less than one-third blood money is obligatory, then the blood money will be paid from their own wealth; if they have no wealth, then it will remain as a debt upon them, and nothing will be obligatory upon the ‘aqilah or the boy’s father.
Imam Malik, may Allah have mercy on him, said: When a slave is killed, his value on the day of the killing must be paid; nothing is obligatory upon the killer’s ‘aqilah, rather it will be taken from the specific wealth of the killer, even if the value of the slave is more than the blood money.
