Muwatta Imam Malik (Riwayat Yahya)

It is narrated from ‘Iraq bin Malik and Sulaiman bin Yasar that a man from Banu Sa‘d raced his horse and crushed the finger of a man from Juhaynah, from which blood flowed and the man died. Sayyiduna ‘Umar (may Allah be pleased with him) first said to the tribe of the one who crushed the finger: “Will you swear fifty oaths that the man did not die from the crushing of the finger?” They refused and held back. Then he said to the people of the deceased: “Will you swear an oath?” They also refused. He (may Allah be pleased with him) made half the blood money be paid by Banu Sa‘d.

Imam Malik (may Allah have mercy on him) said: This hadith is not acted upon.

Ibn Shihab, Sulayman bin Yasar, and Rabi’ah bin Abi ‘Abd al-Rahman say: The blood money for accidental killing is twenty bint makhad, twenty bint labun, twenty ibn labun, twenty hiqqah, and twenty jadha’ah.

Imam Malik, may Allah have mercy on him, said: In our view, this ruling is agreed upon that retribution (qisas) will not be taken from minor boys; even if they commit an offense intentionally, it will be considered as a mistake (khata’), and compensation (diyah) will be taken from them until they reach maturity, and until legal punishments (hudud) become obligatory upon them, and until they begin to experience wet dreams. For this reason, if a boy kills someone, it will be considered accidental killing (qatl khata’); if a boy and an adult together accidentally kill someone, then half the compensation (diyah) will be upon the guardians (‘aqilah) of each.

Imam Malik, may Allah have mercy on him, said: Whoever is killed by mistake, his blood money will be like his and his wealth, from which his debt will be paid, and his bequests will be fulfilled. If he has so much wealth that it is twice the amount of the blood money and he forgives the blood money, it is permissible. And if he does not have so much wealth, then he can forgive according to one third, because the rest is also the right of the heirs.