كتاب 39
39
Book 39
(39)
Chapter 39
(39)
باب 39
Muwatta Malik 1597
Malik said, "The best of what I have heard about a mukatab who
injures a man so that blood-money must be paid, is that if the mukatab
can pay the blood-money for the injury with his kitaba, he does so,
and it is against his kitaba. If he cannot do that, and he cannot pay
his kitaba because he must pay the blood-money of that injury before
the kitaba, and he cannot pay the blood-money of that injury, then his
master has an option. If he prefers to pay the blood-money of that
injury, he does so and keeps his slave and he becomes an owned slave.
If he wishes to surrender the slave to the injured, he surrenders him.
The master does not have to do more than surrender his slave."
Malik spoke about people who were in a general kitaba and one of
them caused an injury which entailed blood-money. He said, "If any of
them does an injury involving blood-money, he and those who are with
him in the kitaba are asked to pay all the blood-money of that injury.
If they pay, they are confirmed in their kitaba. If they do not pay,
and they are incapable then their master has an option. If he wishes,
he can pay all the blood-money of that injury and all the slaves
revert to him. If he wishes, he can surrender the one who did the
injury alone and all the others revert to being his slaves since they
could not pay the blood-money of the injury which their companion
caused."
Malik said, "The way of doing things about which
there is no dispute among us, is that when a mukatab is injured in
some way which entails blood-money or one of the mukatab's children
who is written with him in the kitaba is injured, their blood-money is
the blood-money of slaves of their value, and what is appointed to
them as their blood-money is paid to the master who has the kitaba and
he reckons that for the mukatab at the end of his kitaba and there is
a reduction for the blood-money that the master has taken for the
injury."
Malik said, "The explanation of that is say, for
example, he has written his kitaba for three thousand dirhams and the
blood-money taken by the master for his injury is one thousand
dirhams. When the mukatab has paid his master two thousand dirhams he
is free. If what remains of his kitaba is one thousand dirhams and the
blood-money for his injury is one thousand dirhams, he is free
straightaway. If the blood-money of the injury is more than what
remains of the kitaba, the master of the mukatab takes what remains of
his kitaba and frees him. What remains after the payment of the kitaba
belongs to the mukatab. One must not pay the mukatab any of the blood-
money of his injury in case he might consume it and use it up. If he
could not pay his kitaba completely he would then return to his master
one eyed, with a hand cut off, or crippled in body. His master only
wrote his kitaba against his property and earnings, and he did not
write his kitaba so that he would take the blood-money for what
happened to his child or to himself and use it up and consume it. One
pays the blood-money of injuries to a mukatab and his children who are
born in his kitaba, or their kitaba is written, to the master and he
takes it into account for him at the end of his kitaba."
| Reference | : Muwatta Malik 1597 |
| In-book reference | : Book 39, Hadith 35775 |
| USC-MSA web (English) reference | : Book 7, Hadith 1597 |
| (deprecated numbering scheme) |
Report Error | | Copy ▼