41.

Types of Blood-Wit

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كتاب الديات

Abdullah ibn Amr narrated that ((Musaddad's version has), the Apostle of Allah ( صلى الله عليه وآله وسلم) made a speech on the day of the conquest of Makka, and said, Allah is Most Great, three times. He then said, there is no god but Allah alone. He fulfilled His promise, helped His servant, and alone defeated the confederates. (The narrator said:) I have remembered from Musaddad up to this. Then the agreed version has, take note, all the merits mentioned in pre-Islamic times, and the claim made for blood or property are under my feet, except the supply of water to the pilgrims and the custody of the Ka'bah. He then said, the blood-money for unintentional murder which appears intentional, such as is done with a whip and a stick, is one hundred camels, forty of which are pregnant. Musaddad's version is more accurate.

The tradition mentioned above has also been transmitted by Khalid through the same chain of narrators to the same effect.

The tradition mentioned above has also been transmitted by Ibn 'Umar (رضي الله تعالى عنه) from the Prophet (صلى الله عليه وآله وسلم) to the same effect. This version has, the Apostle of Allah ( صلى الله عليه وآله وسلم) addressed on the day of Conquest, or he said, on the conquest of Makka on the ladder of the House or of the Ka'bah. Imam Abu Dawood said, in a similar way of Ibn 'Uyainah also transmitted it from 'Ali bin Zaid, from al-Qasim bin Rab'iah, from Ibn 'Umar (رضي الله تعالى عنه), from the Prophet ( صلى الله عليه وآله وسلم). And Ayyub al-Sukhtiyani transmitted it from al-Qasim bin Rabi'ah from Abdullah bin Amr like the tradition of Khalid. Hammad bin Salamah also transmitted it from Ali bin Zaid, from Ya'qub al-Sadusi, on the authority of Abdullah bin Amr (رضي الله تعالى عنه) from the Prophet (صلى الله عليه وآله وسلم). The statements of Zaid and of Abu Musa are like the tradition of the Prophet (صلى الله عليه وآله وسلم) and to the tradition of Umar ( رضي الله تعالى عنه).

Mujahid narrated that Umar gave judgement that blood wit for quasi-intentional murder should be thirty she-camels in their fourth year, thirty she-camels in their fifth year, and forty pregnant she-camels in their sixth year up to the ninth.

Abdullah (bin Mas'ud) (رضي الله تعالى عنه) narrated that the blood wit for unintentional murder which resembles intentional is twenty-five she camels which entered their fourth year, twenty five she-camels which had entered their fifth year, twenty five she-camels which had entered their third year, and twenty five camels which had entered their second year.

Ali (رضي الله تعالى عنه) narrated that the blood wit for unintentional murder is in four parts: twenty five she-camels in their fourth year, twenty five she-camels in their fifth year, twenty five she-camels in their third year, and twenty twenty five she-camels in their second year.

Uthman bin Affan and Zaid bin Thabit (رضي الله تعالى عنهما) narrated that the blood wit for what resembled intentional murder should be forty pregnant she-camels in their fifth year, thirty she-camels in their fourth year, and thirty she-camels in their third year. The blood wit for unintentional murder is thirty she-camels in their fourth year, thirty she-camels in their third year, and twenty she-camels in their second year.

Zaid bin Thabit (رضي الله تعالى عنه) narrated about the blood with for quasi-intentional murder. He then mentioned a similar tradition as mentioned above.

Imam Abu Dawood and others said, when a she-camel enters fourth year, the female is called hiqqah, and the male is called hiqq, for it deserves that it should be loaded and ridden. When a camel enters its fifth year, the male is called Jadha' and the female is called Jadha'ah. When it enters its sixth year, and sheds its front teeth, it is called thani (male) and thaniyyah (female). When it enters its seventh year, it is called raba' and raba'iyyah. When it enters its ninth year and cuts its canine teeth, it is called bazil. When it enters its tenth year, it is called mukhlif. Then there is no name for it, but is called bazil'am and bazil'amain, and mukhlif'am and mukhlif'amain, upto any year it increases. Nad bin Shumail said, Bint makhad is a she-camel of one year, and bin labun is a she-camel of two years, hiqqah is a she-camel of three years, jadha'ah is a she-camel of four years, thani is a camel of five years, raba' is a camel of six years, sadis is a camel of seven years, and bazil is a camel of eight years. Imam Abu Dawood said, Abu Hatim and al-Asma'i said, Al-Jadhu'ah is a time when no tooth is growing. Abu Hatim said, some of them said, when it sheds its teeth between front and canine teeth, it is called raba' and when it sheds its front teeth, it is called thani. Abu 'Ubaid said, when it becomes pregnant, it is called khalifah, and it remains khalifah for ten months; when it reaches ten months, it is called 'ushara', Abu Hatim said, when it shed its front teeth, it is called thani and when it sheds its teeth between front and canine teeth it is called raba'.