A maʾmūmah—a head wound that reaches the meninges—and a dāmighah—one that penetrates to the brain—each carry one-third of the full blood money, the same amount due for a jāʾifah, a wound that pierces through to an internal cavity (1).
The fracture of a rib or of a single clavicle entails one camel, whereas the breaking of both clavicles, or of the forearm, upper arm, thigh, or lower leg—provided the bone sets straight (2)—entails two camels. Any injury for which the Law has set no fixed amount is compensated by a discretionary assessment (3).
Section
The ʿāqilah (liable agnatic relatives) of an offender are the male members of his agnatic line, whether the tie be by blood or by clientage. No share of the blood money is levied upon a pauper, a person who is not legally accountable, a woman, or anyone whose religion differs from that of the offender.
The ʿāqilah do not bear liability for outright intentional homicide, for the killing of a slave, for payments arising from a private settlement, or for a confession that they do not endorse, nor do they bear anything less than one-third of the complete blood money.
Whoever unlawfully kills a protected soul by mistake or through quasi-intentional conduct, whether directly or by causation, must perform an expiation: the emancipation of a believing slave; if he cannot find one, then he must fast two consecutive months.
If a person is accused of homicide without any corroborating presumption (luwath), he is not required to swear an oath in a charge of deliberate murder, but only in accidental or quasi-intentional killing, after which he is released. When such a presumption exists—manifest enmity, for instance, between tribes that pursue one another’s blood vengeance—the male heirs of the victim swear fifty oaths, and the claim is thereby established for them all. Should they refuse to swear, or if the heirs are women, the accused must take the oaths; and if they are still not satisfied