Book 16: Retaliation

'Abdallah b. ‘Amr reported God's Messenger as saying, “The blood wit for unintentional murder which resembles intentional, such as is done with a whip and a stick, is a hundred camels, forty of which are pregnant.” Nasa'i, Ibn Majah and Darimi transmitted it, and Abu Dawud transmitted it both on his authority and on that of Ibn ‘Umar. Sharh as-sunna has the wording in al-Masabih on the authority of Ibn ‘Umar.

Abu Bakr b. Muhammad b. ‘Amr b. Hazm, on his father’s authority, said his grandfather told that God’s Messenger wrote to the people of the Yemen, and that his letter contained the following: “If anyone kills a believer wrongfully he must suffer retaliation for what his hand has done unless the relatives of the one who is killed are willing to do otherwise.” It also said that a man may be killed in retaliation for a woman; that the blood wit for a life is a hundred camels; that those who have gold should pay a thousand dinars; that for the complete cutting off of a nose the blood wit of a hundred camels must be paid; that full blood wit must be paid for the teeth, the lips, the testicles, the penis, the backbone and the eyes ; that for one foot half the blood wit must be paid, for a wound in the head a third of the blood wit, for a thrust which penetrates the body a third of the blood wit, for a head wound which removes a bone fifteen camels, for each finger and toe ten camels, and for tooth five camels. Nasa’i and Darimi transmitted it. In Malik’s version it says: For an eye fifty, for a hand fifty, for a foot fifty, and for a wound which lays bare the bone five.

‘Amr b. Shu'aib, on his father’s authority, told that his grandfather said God’s Messenger gave judgment that five camels be paid for every wound which lays bare a bone, and five camels for every tooth. Abu Dawud, Nasa’i and Darimi transmitted it, and Tirmidhi and Ibn Majah transmitted the first part.

Ibn ‘Abbas said that God’s Messenger treated the fingers and toes as equal. Abu Dawud and Tirmidhi transmitted it.

He reported God’s Messenger as saying, “The fingers and toes are equal,¹ the teeth are equal, the front tooth and the molar tooth are equal, this and that are equal.”² Abu Dawud transmitted it. 1. In this tradition only al-asabi' is given, whereas the asabi of the hands and the feet are specified in the preceding. It must obviously mean both fingers and toes here. 2. It has been suggested that "this and that” refers only to the little finger and the thumb (cf. the first tradition in the chapter), but it may here refer to the front tooth and the molar tooth mentioned immediately before it.

‘Amr b. Shu'aib, on his father’s authority, said his grandfather told that God’s Messenger said in the course of an address in the year of the Conquest, “O people, there is no confederacy in Islam, but such as existed in pre-Islamic times is made still stronger by Islam. The believers are one band against others, the lowliest of them gives protection as from all, the most distant of them sends back spoil to them,* their expeditions sending it back to those who are at home. A believer shall not be killed for an infidel. The blood wit for an infidel is half that for a Muslim. There is to be no bringing in of animals to be assessed for zakat, neither are they to be removed to their pastures, but the sadaqat are to be received only in their dwellings.”, And in a version he said, “The blood wit for one with whom a covenant has been made is half that for a freeman.” Abu Dawud transmitted it. * Here the context seems to require this translation but cf. p. 739, n 1.

Khishf b. Malik, on the authority of Ibn Mas'ud, said God’s Messenger gave judgment that the blood wit for accidental killing should be twenty female and twenty male camels which had entered their second year, twenty she-camels which had entered their third year, twenty she-camels in their fifth year and twenty she-camels in their fourth year. Tirmidhi, Abu Dawud and Nasa’i transmitted it, but the sound view is that it does not go back beyond Ibn Mas'ud. Khishf is unknown, being known only by this tradition. It is transmitted in Sharh as-sunna that the Prophet (ﷺ) paid bloodwit for those slain at Khaibar from the camels of the sadaqa, but the male camel which has entered its second year is not among the age groups of the camels of the sadaqa, only the male camel which has entered its third year being included.

‘Amr b. Shu'aib, on his father's authority, said his grandfather told that the value of the blood wit in the time of God’s Messenger was eight hundred dinars or eight thousand dirhams, and that the blood wit for the people of the Book at that time was half that for Muslims. He said that applied till ‘Umar became Caliph, and he made a speech in which he said camels had become dear; so ‘Umar fixed the value for those who possessed gold at a thousand dinars, for those who possessed silver at twelve thousand,* for those who possessed cattle at two hundred cows, for those who possessed sheep at two thousand sheep, and for those who possessed suits of clothing at two hundred suits. But he said he left the blood wit for dhimmis as it was, not raising it in proportion to the increase he made in the blood wit. Abu Dawud transmitted it. *i.e. dirhams

Ibn ‘Abbas said the Prophet (ﷺ) fixed the blood wit at twelve thousand.* Tirmidhi, Abu Dawud, Nasa’i and Darimi transmitted it. *i.e. dirhams

‘Amr b. Shu'aib, on his father’s authority, said his grandfather told that God’s Messenger was fixing the blood wit for accidental death at the rate of four hundred dinars or their equivalent in silver for townsmen, and he was fixing it according to the price of camels, so when they were dear he increased the amount to be paid and when cheap prices prevailed he reduced the amount to be paid. In the time of God’s Messenger they reached between four hundred and eight hundred dinars, their equivalent in silver being eight thousand dirhams. He said that God's Messenger gave judgment that those who possessed cattle should pay two hundred cows, and those who possessed sheep two thousand sheep. He said that blood wit was to be treated as something to be inherited by the heirs of the one who was killed, and he gave judgment that the blood wit for a woman should be divided among her relatives on her father’s side, but the killer should not inherit anything. Abu Dawud and Nasa’i transmitted it.

He said, on his father’s authority, that his grandfather reported the Prophet (ﷺ) as saying, “Blood wit for what resembles intentional murder is to be made as severe as that for intentional murder, but the Culprit is not to be killed.” Abu Dawud transmitted it.

He said, on his father’s authority, that his grandfather told that God’s Messenger gave judgment that a third of the blood wit should be paid for loss of eyesight when the eye is not removed. Abu Dawud and Nasa’i transmitted it.

Muhammad b. ‘Amr, on the authority of Abu Salama, said Abu Huraira told that God’s Messenger gave judgment that a male or female slave of the best quality, or a horse, or a mule should be paid for a miscarriage. Abu Dawud transmitted it, saying this tradition is transmitted by Hammad b. Salama and Khalid al-Wasiti on the authority of Muhammad b. ‘Amr, but he did not mention “or a horse or a mule.”

‘Amr b. Shu'aib, on his father’s authority, said his grandfather reported God’s Messenger as saying, “Anyone who practices medicine when he is not known as a practitioner will be held responsible.”* Abu Dawud and Nasa’i transmitted it. *He will have to pay blood wit if the patient dies.

‘Imran b. Husain told that when the slave of some poor people cut off the ear of a slave of some rich people, and his people came to the Prophet (ﷺ) telling him that they were poor, he imposed no compensation on them. Abu Dawud and Nasa’i transmitted it.