40 – Book of Blood-Monies

When a man intentionally kills another, an aggravated blood-money is due from his ʿāqila, and he himself must perform an expiation. According to Abū Ḥanīfa and Abū Yūsuf, the blood-money for quasi-intentional homicide is one hundred camels paid in four equal grades: twenty-five bint makhāḍ (one-year-old she-camels), twenty-five bint labūn (two-year-old she-camels), twenty-five ḥiqqah (three-year-old she-camels), and twenty-five jadhʿah (four-year-old she-camels). This aggravation applies only when the payment is made in camels; if the settlement is taken from anything else, it is not aggravated.

In accidental killing the blood-money falls on the ʿāqila, while the expiation remains upon the killer. The blood-money for an accidental homicide is one hundred camels, graded into fifths: twenty bint makhāḍ, twenty ibn makhāḍ (one-year-old he-camels), twenty bint labūn, and twenty ḥiqqah. According to Abū Ḥanīfa the blood-money is established only with these three classes; Abū Yūsuf and Muḥammad say it may be paid instead as two hundred cattle, or one thousand sheep, or two hundred suits of clothing, each suit consisting of two garments. The blood-money for a Muslim and for a dhimmī is the same.

The full blood-money is due for a life; for the mārīn (tip of the nose); for the tongue; for the penis; for the intellect when a blow to the head abolishes it; for the beard when it is shaved off and does not grow back; for the scalp-hair; for the eyebrows; for both eyes; for both hands; for both feet; for both ears; for both lips; for both testicles; and for both breasts.