93/ The blood-money for a woman is half that of a man. The blood-money for those under a covenant of protection and those under treaty is one-third of the blood-money for a Muslim, if they are from the People of the Book; if they are Magians, it is one-fifth of the blood-money. It is reported that Umar, may Allah be pleased with him, said: “The blood-money for a Jew or a Christian is four thousand dirhams, and that for a Magian is eight hundred.” (1) This was the view of Said ibn al-Musayyib and al-Hasan, and it was also adopted by al-Shafii, may Allah have mercy on him.
Others held that the blood-money for a protected non-Muslim or one under treaty is the same as the blood-money for a Muslim. This is reported from Ibn Masud, may Allah be pleased with him, and was the view of Sufyan al-Thawri and the scholars of opinion.
Another group said that the blood-money for a protected non-Muslim is half that of a Muslim. This was the view of Umar ibn Abd al-Aziz, and it was also held by Malik and Ahmad, may Allah have mercy on them.
The blood-money in purely deliberate and quasi-deliberate killing is aggravated by the ages of the camels: thirty hiqqahs (female camels in their fourth year), thirty jadhaahs (female camels in their fifth year), and forty pregnant camels (2), carrying their young. This was the view of Umar ibn al-Khattab and Zayd ibn Thabit, may Allah be pleased with them; it was also held by Ata and adopted by al-Shafii, may Allah have mercy on him. This is based on what Abd al-Wahhab ibn Muhammad al-Khatib informed us: Abd al-Aziz ibn Ahmad al-Khallal informed us; Abu al-Abbas al-Asamm informed us; al-Rabi informed us; al-Shafii, may Allah have mercy on him, informed us; Ibn Uyaynah informed us, from Ali ibn Zayd ibn Judan, from al-Qasim ibn Rabiah, from Abdullah ibn Umar, may Allah be pleased with them, that the Messenger of Allah, peace and blessings be upon him, said: “Beware: the blood-money for quasi-deliberate killing by a whip or stick is one hundred camels, aggravated, forty of which are pregnant camels carrying their young.” (3)
Others held that the aggravated blood-money is divided into four quarters: twenty-five bint makhad (female camels in their second year), twenty-five bint labun (female camels in their third year), twenty-five hiqqahs, and twenty-five jadhaahs. This was the view of al-Zuhri and Rabiah, and it was also held by Malik, Ahmad, and the scholars of opinion.
As for the blood-money for accidental killing, it is reduced. By agreement, it is divided into five portions, though they differed regarding its division. One group held that it consists of twenty bint makhad, twenty bint labun, twenty ibn labun (male camels in their third year), twenty hiqqahs, and twenty jadhaahs. This was the view of Umar ibn Abd al-Aziz, Sulayman ibn Yasar, al-Zuhri, and Rabiah; it was also held by Malik and al-Shafii, may Allah have mercy on them. Others replaced the ibn labun with bint makhad; this is reported from Ibn Masud, may Allah be pleased with him, and was held by Ahmad and the scholars of opinion.
Compensation for injuries to the limbs is assessed according to this basis, and the compensation for a woman in this regard is half that of a man. The blood-money in accidental and quasi-deliberate killing is due from the aqilah, namely the male agnatic relatives of the killer. Nothing is due from the perpetrator himself as part of it, because the Prophet, peace and blessings be upon him, made it obligatory upon the aqilah.