The Chapters on Blood Money

كتاب الديات

Chapter 7: The Blood Money Must Be Paid By The 'Aqilah; If there Is No 'Aqilah, Then It Must Be Paid From the Treasury

It was narrated from Miqdam Ash-Shami that the Messenger of Allah (ﷺ) said

“I am the heir of the one who has no heir, and I will pay blood money on his behalf and inherit from him, and the maternal uncle is the heir of the one who has no heir; he pays the blood money on his behalf and inherits from him.'”

Chapter 8: One Who Prevents The Next Of The Kin Of The Slain From Exacting Retaliation Or Taking The Blood Money

It was narrated from Ibn 'Abbas, who attributed it to the Prophet (ﷺ)

“Whoever kills out of folly or for tribal motives, using a rock, a whip, or a stick; he must pay the blood money for killing by mistake. Whoever kills deliberately, he is to be killed in retaliation. Whoever tries to prevent that, upon him is the curse of Allah, the angels and all the people, and no change nor equitable exchange will be accepted from him.”

Chapter 9: Actions For Which There Is No Retaliation

Nimran bin Jariyah narrated from his father that

a man struck another man on the wrist with his sword and severed it, not at the joint. He appealed to the Prophet (ﷺ) who ordered that the Diyah be paid. The man said: “O Messenger of Allah (ﷺ), I want retaliation.” He said: “Take the compensation and may Allah bless you therein.” And he did not rule that he be allowed retaliation.

It was narrated from 'Abbas bin 'Abdul-Muttalib that the Messenger of Allah (ﷺ) said

“There is no retaliation for a head wound that does not reach the brain, a spear wound that does not penetrate deeply, or a wound that dislocates a bone.”

Chapter 10: One Who Inflicts A Wound May Ransom Himself By Paying The Compensatory Money

It was narrated from 'Aishah that

the Messenger of Allah (ﷺ) sent Abu Jahm bin Hudhaifah to collect Sadaqah. A man disputed with him concerning his Sadaqah, and Abu Jahm struck him and wounded his head. They came to Prophet (ﷺ) and said: “Compensatory money, O Messenger of Allah (ﷺ)!” The Prophet (ﷺ) said: “You will have such and such,” but they did not accept that. He said: “You will have such and such,” and they agreed. Then the Prophet (ﷺ) said: “I am going to address the people and tell them that you agreed.” They said: “Yes.” So the Prophet (ﷺ) addressed (the people) and said: “These people of Laith came to me seeking compensatory money, and I have offered them such and such. Do you agree?” They said: “No.” The Emigrants wanted to attack them, but the Prophet (ﷺ) told them not to, so they refrained. Then he called them and offered them more and said: “Do you agree?” They said: “Yes.” He said: “I am going to address the people and tell them that you agreed.” They said: “Yes.” So the Prophet (ﷺ) addressed (the people) then said: “Do you Agree?” They said: “Yes.”

Chapter 11: The Blood Money For A Fetus

It was narrated that Abu Hurairah said

“The Messenger of Allah (ﷺ) ruled concerning a fetus that (the blood money) was a slave, male and female. The one against whom this verdict was passed said: ' Should we pay blood money for one who neither ate, drunk, shouted, nor cried, (at the moment of birth)? One such as this should be overlooked .' The Messenger of Allah (ﷺ) said: 'This man speaks like a poet. (But the blood money for a fetus is) a slave, male, or female.'”

It was narrated that Miswar bin Makhramah said

“Umar bin Khattab consulted the people concerning a woman who had been caused to miscarry. Al-Mughirah bin Shu'bah said: 'I saw the messenger of Allah (ﷺ) rule that a slave, male or female, be given as blood money (for a fetus).' 'Umar said: 'Bring me someone who will testify alongside you. So he brought Muhammad bin Maslamah to testify along with him.'”

It was narrated from 'Umar bin Khattab that

he asked the people about the ruling of the Prophet (ﷺ) concerning that - concerning a fetus. Hamal bin Malik bin Nabighah stood up and said: “I was between my two wives and one of them struck the other with a tent-pole, killing her and a fetus. The Messenger of Allah (ﷺ) ruled that the blood money for the fetus was a slave, and that she would be killed in retaliation.”

Chapter 12: Inheritance From The Blood Money

It was narrated from Sa'eed bin Musayyab that 'Umar used to say

“The blood money is for the near male relatives from the father's side and the wife does not inherit anything from the blood money of her husband,” until Ad-Dahhak bin Sufyan wrote to him, and told him that the Prophet (ﷺ) ruled that the wife of Ashyam bin Dibabi should inherit from the blood money of her husband.

It was narrated from 'Ubadah bin Samit

That the Prophet (ﷺ) ruled that Hamal bin Malik Hudhali Al-Lihyani should inherit from his wife who was killed by his other wife.

Chapter 13: The Blood Money Of A Disbeliever

It was narrated from 'Amr bin Shu'aib, from his grandfather, that

the Messenger of Allah (ﷺ) ruled that the blood money for the people of the book is half of that of the blood money for the Muslims, and they are the Jews and Christians.

Chapter 14: The Killer Does Not Inherit

It was narrated from Abu Hurairah that

the Messenger of Allah (ﷺ) said: “The killer does not inherit.”

It was narrated from 'Amr bin Shu'aib that

Abu Qatadah, a man from Banu Mudlij, killed his son, and 'Umar took one hundred camels from him, thirty Hiqqah, thirty Jadha'ah and forty Khalifah. Then he said: “Where is the brother of slain? I heard the Messenger of Allah (ﷺ) say: 'The killer does not inherit.'”

Chapter 15: The Blood Money Of A Woman (Who Kills Someone) Is Upon Her Male Potential Inheritors and Her Inheritance is For Her Child

It was narrated from 'Amr bin Shu'aib, from his father, that his grandfather said

“The Messenger of Allah (ﷺ) ruled that a woman's blood money (if she kills someone) should be paid by her male relatives on her father's side, whoever they are, and they should not inherit anything from her, except what is left over after her heirs have been taken their shares. If she is killed than her blood money is to be shared among her heirs, since they are the ones who may kill the one who killed her.”

It was narrated that Jabir said

“The Messenger of Allah (ﷺ) ruled that the blood money should be paid by the near male relations from the father's side of the killer, and the such relatives of slain woman said: 'O Messenger of Allah (ﷺ),her legacy is for us.' He said: 'No, her legacy is for her husband and children.'”

Chapter 16: The Retaliation For A Tooth

It was narrated that Anas said

“Rubai, the paternal aunt of Anas, broke the tooth of a girl and they (her family) asked (the girl's family) to let her off, but they refused. They offered to pay compensatory money, but they refused. So they came to Prophet (ﷺ) who ordered retaliation. Anas bin Nadr said: 'O Messenger of Allah (ﷺ), will the tooth of Rubai' be broken? By the One Who sent you with the truth, it will not be broken!' The Prophet (ﷺ) said: 'O Anas, what Allah has decreed is retaliation.' So the people accepted that and forgave her. The Messenger of Allah (ﷺ) said: 'there are among the slaves of Allah those who, if they swear by Allah, Allah fulfills their oath.'”

Chapter 17: The Compensatory Money For Teeth

It was narrated from Ibn 'Abbas that the Messenger of Allah (ﷺ) said

“Teeth are all the same; the incisor and the molar are the same.”

It was narrated from Ibn 'Abbas that

the Prophet (ﷺ) ruled that (the compensatory money) for a tooth was five camels.

Chapter 18: The Compensatory Money For Fingers

It was narrated from Ibn 'Abbas that the Prophet (ﷺ) said

“This and this are the same” - meaning the pinky finger, ring finger and thumb.

It was narrated from 'Amr bin Shu'aib, from his father, from his grandfather, that the Messenger of Allah (ﷺ) said

“The fingers are all same, and (the compensatory money) for each of them is ten camels.