كتاب 43
43
Book 43
(43)
Chapter 43
(43)
باب 43
Muwatta Malik 1714
Yahya related to me from Malik that he saw whomever he was
satisfied with among the people of knowledge say about a man who
willed that his murderer be pardoned when he murdered him
intentionally, "That is permitted for him. He is more entitled to the
man's blood than any of his relatives after him."
Malik said
about a man who pardoned murder, after he had claimed his right and it
was obliged for him, "There is no blood-money against the murderer
unless the one who pardons him stipulates that when he pardons him."
Malik said about the murderer when he was pardoned, "He is
flogged one hundred lashes and jailed for a year."
Malik
said, "When a man murders intentionally and there is a clear proof of
that, and the murdered man has sons and daughters and the sons pardon
and the daughters refuse to pardon, the pardon of the sons is
permitted in opposition to the daughters and there is no authority for
the daughters with the sons in demanding blood and pardoning."
وَحَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، أَنَّهُ بَلَغَهُ أَنَّ أَبَا بَكْرِ بْنَ مُحَمَّدِ بْنِ عَمْرِو بْنِ حَزْمٍ، أَقَادَ مِنْ كَسْرِ الْفَخِذِ .
| Reference | : Muwatta Malik 1714 |
| In-book reference | : Book 43, Hadith 35892 |
| USC-MSA web (English) reference | : Book 7, Hadith 1714 |
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