The Messenger of Allah ﷺ used to set the blood-money for accidental killing at four hundred Dinars, or its equivalent in silver, for the people of the villages. He fixed it according to the prices of camels, so when camels became expensive, he raised the value, and when their prices fell, he reduced the value. During the time of the Messenger of Allah ﷺ, it ranged between four hundred and eight hundred Dinars, or its equivalent in silver at eight thousand dirhams.He said, the Messenger of Allah ﷺ also ruled that for those who own cattle, the blood-money was two hundred cows, and for those whose blood-money was paid in sheep, it was two thousand sheep.He said, the Messenger of Allah ﷺ ruled that the blood-money is to be divided as inheritance among the heirs of the slain person according to their kinship, and whatever remains goes to the male agnates.He said, the Messenger of Allah ﷺ ruled that for the nose, if it is completely cut off, the full blood-money is due, and if only its tip is cut off, then half the blood-money is due, fifty camels or their equivalent in gold, silver, one hundred cows, or one thousand sheep.For the hand, if it is cut off, half the blood-money is due. For the foot, half the blood-money is due. For a head wound that reaches the brain, one-third of the blood-money is due, thirty-three and a third camels, or their value in gold, silver, cattle, or sheep. A wound that penetrates the body cavity carries the same compensation. For the fingers, ten camels are due for each finger. For the teeth, five camels are due for each tooth.The Messenger of Allah ﷺ ruled that a woman's blood-money is to be paid by her male agnates, whoever they may be, but they inherit nothing of it except what remains after her heirs have taken their shares. If she is killed, her blood-money belongs to her heirs, and they are the ones who carry out retaliation against her killer.The Messenger of Allah ﷺ said, "The killer receives nothing. If he has no heir, then his heir is the closest of people to him, but the killer himself inherits nothing."Muhammad said, "All of this was narrated to me by Sulayman bin Musa, from Amr bin Shuayb, from his father, from his grandfather, from the Prophet ﷺ."Abu Dawud said, "Muhammad bin Rashid was from the people of Damascus who fled to Basra to escape being killed."
كان رسول الله ﷺ يقوم دية الخطأ على أهل القرى أربع مئة دينار أو عدلها من الورق. ويقومها على أثمان الإبل، فإذا غلت رفع في قيمتها، وإذا هاجت رخصا نقص من قيمتها، وبلغت على عهد رسول الله ﷺ ما بين أربع مئة دينار إلى ثمان مئة دينار، أو عدلها من الورق ثمانية آلاف درهم، قال: وقضى رسول الله ﷺ على أهل البقر مئتي بقرة. ومن كان دية عقله في الشاء فألفي شاة. قال: وقضى رسول الله ﷺ أن العقل ميراث بين ورثة القتيل على قرابتهم، فما فضل فللعصبة. قال: وقضى رسول الله ﷺ في الأنف إذا جدع الدية كاملة، وإن جدعت ثندوته فنصف العقل: خمسون من الإبل أو عدلها من الذهب أو الورق، أو مئة بقرة أو ألف شاة. وفي اليد إذا قطعت نصف العقل. وفي الرجل نصف العقل. وفي المأمومة ثلث العقل: ثلاث وثلاثون من الإبل وثلث، أو قيمتها من الذهب أو الورق أو البقر أو الشاء. والجائفة مثل ذلك وفي الأصابع في كل إصبع عشر من الإبل. وفي الأسنان في كل سن خمس من الإبل. وقضى رسول الله ﷺ أن عقل المرأة بين عصبتها من كانوا: لا يرثون منها شيئا إلا ما فضل عن ورثتها، وإن قتلت فعقلها بين ورثتها، وهم يقتلون قاتلهم. وقال رسول الله ﷺ: ليس للقاتل شيء، وإن لم يكن له وارث فوارثه أقرب الناس إليه، ولا يرث القاتل شيئا قال محمد: هذا كله حدثني به سليمان بن موسى، عن عمرو بن شعيب، عن أبيه، عن جده، عن النبي ﷺ. قال أبو داود: محمد بن راشد من أهل دمشق هرب إلى البصرة من القتل.
Abu Dawud (4564) and Bayhaqi (6/220) both narrated it through Shayban bin Farroukh, who said, Muhammad bin Rashid narrated to us, from Sulayman bin Musa, from Amr bin Shuayb, from his father, from his grandfather, and he related it. The wording given here is that of Abu Dawud. Bayhaqi contented himself with mentioning, "The killer has no inheritance." Its chain of transmission is hasan because of Amr bin Shuayb, whose hadith is hasan, and likewise Muhammad bin Rashid, who is Makhuli, the Damascene, and his teacher Sulayman bin Musa, the Umayyad of Damascus, both of whose hadith is hasan.Bayhaqi said, "A group narrated it from Ismail bin Ayyash, and it was also said to be narrated from him, from Yahya bin Saeed, Ibn Jurayj, and Muthanna bin Sabbah, from Amr bin Shuayb, from his father, from his grandfather, from the Prophet ﷺ, with similar wording."His statement, "The killer does not inherit," has supporting evidence, see the Book of Inheritance. As for the remaining parts of the hadith, each has supporting evidence mentioned in its respective chapters.The wound reaching the brain membrane is a head wound that penetrates to the membrane covering the brain. The wound reaching the body cavity is a stab that reaches the internal cavity. It is also said to be one that reaches the cavity through the abdomen, the back, the base of the throat, or however it occurs. Its compensation is one third of the full blood money, as stated in the hadith. Khattabi said, "This is the view of the generality of scholars. If the piercing wound passes through and exits from the other side, then it carries two thirds of the blood money, because it is then two piercing wounds." End of his statement.Among the other wounds for which blood money is due, but not retaliation, are the bleeding wound, the tearing wound, the flesh-cutting wound, the wound reaching the flesh, the wound reaching the membrane over the skull, the bone-crushing wound, the bone-exposing wound, and the bone-displacing wound. Some of these are mentioned in the letter of Amr bin Hazm.Ibn Shihab said, "I read the letter of the Messenger of Allah ﷺ that he wrote for Amr bin Hazm when he sent him to Najran. The letter was in the possession of Abu Bakr bin Hazm, and in it was written, "This is a declaration from Allah and His Messenger."" Then he wrote the verse "O you who believe, fulfill your covenants" [Maidah 5:1], and continued writing the verse until he reached "Indeed, Allah is swift in reckoning" [Maidah 5:4].Then he wrote, "This is the letter concerning wounds. For a life, one hundred camels. For a nose, if it is completely severed, one hundred camels. For an eye, fifty camels. For a hand, fifty camels. For a foot, fifty camels. For each finger among these, ten camels. For the wound reaching the brain membrane, one third of the full blood money. For the wound reaching the body cavity, one third of the full blood money. For the bone-displacing wound, fifteen camels. For the bone-exposing wound, five camels. For a tooth, five camels."Bayhaqi narrated it (8/80–81), and it is mursal, but this letter became well known among the scholars, who accepted it and relied upon it. Its mention has already passed in the book on zakat.There is no disagreement on this point, that there is no retaliation for wounds and gashes, but retaliation applies only for a fracture or a cut, as reported by a number of the jurists of Madinah. This is because retaliation requires exact equivalence, as Allah says, "And if you retaliate, then retaliate with the like of what you were made to suffer" [Nahl 16:126], and "So whoever transgresses against you, transgress against him in the like manner that he transgressed against you" [Baqarah 2:194]. Equivalence is not achieved unless three conditions are met, equivalence in the act, equivalence in the location, and equivalence in the benefit. These conditions are not met in the wounds mentioned. For more, see Minna Kubra (7/92), the chapter on the compensations for injuries short of death.As for what has been narrated, "There is no retaliation for the wound reaching the brain membrane, the wound reaching the body cavity, the bone-displacing wound, and others," all of its chains of transmission are daif.Among them is what was narrated from Abbas bin Abdul-Muttalib, who said, the Messenger of Allah ﷺ said, "There is no retaliation for the wound reaching the brain membrane, nor for the wound reaching the body cavity, nor for the bone-displacing wound." Ibn Majah (2637) and Abu Yaala (6700) narrated it, and from him Bayhaqi (8/65), from Abu Kurayb, who said, Rushdin bin Saad narrated to us, from Muawiya bin Salih, from Muaz bin Muhammad al-Ansari, from Ibn Sahban, from Abbas, and he related it. In it is Rushdin bin Saad, who is daif, and Ibn Sahban, who is unknown.Abu Asim narrated it in Diyat (162) through Bishr bin Umar, from Ibn Lahia, who said, Muaz bin Muhammad al-Ansari narrated to us, and he related it. There is well-known criticism regarding Ibn Lahia.Likewise, what was narrated by Numran bin Jariya, from his father, is not sound, that a man struck another man with a sword on his forearm and severed it other than at a joint. He sought judgment against him before the Prophet ﷺ, who ordered blood money for him. The man said, "O Messenger of Allah, I want retaliation." The Prophet said to him, "Take the blood money, may Allah bless it for you," and he did not rule in favor of retaliation for him. Ibn Majah narrated it (2636), and in it is Dahsham bin Quran, who is daif by consensus of the scholars. Ibn Junayd said, he is discarded. And his teacher, Numran bin Jariya, is unknown.Likewise, what was narrated from Yahya and Isa, the two sons of Talha, or from one of them, from Talha, that the Prophet ﷺ said, "There is no retaliation for the wound reaching the brain membrane," is not sound. Bayhaqi narrated it (8/65), and among its chains of transmission are narrators who are unknown. He said, "These chains of transmission are not established."