Yahya said that Malik said, "The way of doing things in ourcommunity about which there is no dispute is that women do not swearin the swearing for the intentional act. If the murdered man only hasfemale relatives, the women have no right to swear for blood and nopardon in murder."Yahya said that Malik said about a man whois murdered, "If the paternal relatives of the murdered man or hismawali say, 'We swear and we demand our companion's blood,' that istheir right."Malik said, "If the women want to pardon him,they cannot do that. The paternal relatives and mawali are entitled todo that more than them because they are the ones who demand blood andswear for it."Malik said, "If the paternal relatives ormawali pardon after they demand blood and the women refuse and say,'We will not abandon our right against the murderer of our companion,'the women are more entitled to that because whoever takes retaliationis more entitled than the one who leaves it among the women andpaternal relatives when the murder is established and killingobliged."Malik said, "At least two claimants must swear inmurder. The oaths are repeated by them until they swear fifty oaths,then they have the right to blood. That is how things are done in ourcommunity."Malik said, "When people beat a man and he diesin their hands, they are all slain for him. If he dies after theirbeating, there is swearing. If there is swearing, it is only againstone man and only he is slain. We have never known the swearing to beagainst more than one man."Malik spoke about a slave who hadhis hand or foot broken and then the break mended . He said, "The onewho injured him is not obliged to pay anything. If that break causeshim loss or scar, the one who injured him must pay according to whathe diminished of the value of the slave."Malik said, "Whatis done in our community about retaliation between slaves is that itis like retaliation between freemen. The life of the slave-girl forthe life of the slave, and her injury for his injury. When a slaveintentionally kills a slave, the master of the murdered slave has achoice. If he wishes, he kills him, and if he wishes, he takes theblood-money. If he takes the blood-money, he takes the value of hisslave. If the owner of the slave who killed wishes to give the valueof the murdered slave, he does it. If he wishes, he surrenders hisslave. If he surrenders him, he is not obliged to do anything otherthan that. When the owner of the murdered slave takes the slave whomurdered and is satisifed with him, he must not kill him. Allretaliations between slaves for cutting off of the hand and foot andsuch things are dealt with in the same way as in the murder."Malik said about a muslim slave who injures a jew or christian, "Ifthe master of the slave wishes to pay blood-money for him according tothe injury, he does it. Or else he surrenders him and he is sold, andthe jew or christian is given the blood-money of the injury or all theprice of the slave if the blood-money is greater than his price. Thejew or christian is not given a muslim slave."
USC-MSA web (English) reference: Book 44, Hadith 2
Arabic reference: Book 44, Hadith 1600