كتاب 43
43
Book 43
(43)
Chapter 43
(43)
باب 43
Muwatta Malik 1715
Yahya said that Malik said, "The generally agreed on way of doing
things in our community is that retaliation is taken from someone who
breaks someone's hand or foot intentionally and not blood-money."
Malik said, "Retaliation is not inflicted on anyone until the
wound of the injured party has healed. Then retaliation is inflicted
on him. If the wound of the person on whom the retaliation has been
inflicted is like the first person's wound when it heals, it is
retaliation. If the wound of the one on whom the retaliation has been
inflicted becomes worse or he dies, there is nothing held against the
one who has taken retaliation. If the wound of the person on whom the
retaliation has been inflicted heals and the injured party is
paralysed or his injury has healed but he has a scar, defect, or
blemish, the person on whom the retaliation has been inflicted does
not have his hand broken again and further retaliation is not taken
for his injury."
He said, "But there is blood-money from him
according to what he has impaired or maimed of the hand of the injured
party. The bodily injury is also like that."
Malik said,
"When a man intentionally goes to his wife and gouges out her eye or
breaks her hand or cuts off her finger or such like, and does it
intentionally, retaliation is inflicted on him. As for a man who
strikes his wife with a rope or a whip and hits what he did not mean
to hit or does what he did not intend to do, he pays blood-money for
what he has struck according to this principle, and retaliation is not
inflicted on him."
Yahya related to me from Malik that he
had heard that Abu Bakr ibn Muhammd ibn Amr ibn Hazm took retaliation
for the breaking of a leg.
| Reference | : Muwatta Malik 1715 |
| In-book reference | : Book 43, Hadith 35893 |
| USC-MSA web (English) reference | : Book 7, Hadith 1715 |
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