Hadith 27974

Malik said, "The best of what I have heard about a mukatab whoinjures a man so that blood-money must be paid, is that if the mukatabcan pay the blood-money for the injury with his kitaba, he does so,and it is against his kitaba. If he cannot do that, and he cannot payhis kitaba because he must pay the blood-money of that injury beforethe kitaba, and he cannot pay the blood-money of that injury, then hismaster has an option. If he prefers to pay the blood-money of thatinjury, he does so and keeps his slave and he becomes an owned slave.If he wishes to surrender the slave to the injured, he surrenders him.The master does not have to do more than surrender his slave."Malik spoke about people who were in a general kitaba and one ofthem caused an injury which entailed blood-money. He said, "If any ofthem does an injury involving blood-money, he and those who are withhim in the kitaba are asked to pay all the blood-money of that injury.If they pay, they are confirmed in their kitaba. If they do not pay,and they are incapable then their master has an option. If he wishes,he can pay all the blood-money of that injury and all the slavesrevert to him. If he wishes, he can surrender the one who did theinjury alone and all the others revert to being his slaves since theycould not pay the blood-money of the injury which their companioncaused."Malik said, "The way of doing things about whichthere is no dispute among us, is that when a mukatab is injured insome way which entails blood-money or one of the mukatab's childrenwho is written with him in the kitaba is injured, their blood-money isthe blood-money of slaves of their value, and what is appointed tothem as their blood-money is paid to the master who has the kitaba andhe reckons that for the mukatab at the end of his kitaba and there isa reduction for the blood-money that the master has taken for theinjury."Malik said, "The explanation of that is say, forexample, he has written his kitaba for three thousand dirhams and theblood-money taken by the master for his injury is one thousanddirhams. When the mukatab has paid his master two thousand dirhams heis free. If what remains of his kitaba is one thousand dirhams and theblood-money for his injury is one thousand dirhams, he is freestraightaway. If the blood-money of the injury is more than whatremains of the kitaba, the master of the mukatab takes what remains ofhis kitaba and frees him. What remains after the payment of the kitababelongs to the mukatab. One must not pay the mukatab any of the blood-money of his injury in case he might consume it and use it up. If hecould not pay his kitaba completely he would then return to his masterone eyed, with a hand cut off, or crippled in body. His master onlywrote his kitaba against his property and earnings, and he did notwrite his kitaba so that he would take the blood-money for whathappened to his child or to himself and use it up and consume it. Onepays the blood-money of injuries to a mukatab and his children who areborn in his kitaba, or their kitaba is written, to the master and hetakes it into account for him at the end of his kitaba."