Yahya related to me from Malik that he had heard that Marwan ibnal-Hakam wrote to Muawiya ibn Abi Sufyan to mention to him that adrunkard was brought to him who had killed a man. Muawiya wrote to himto kill him in retaliation for the dead man.Yahya said thatMalik said, "The best of what I have heard on the interpretation ofthis ayat, the word of Allah, the Blessed, the Exalted, 'The free manfor the free man and the slave for the slave - these are men and thewoman for the woman,' (Sura 2 ayat 178) is that retaliation is betweenwomen as it is between men. The free woman is killed for the freewoman as the free man is killed for the free man. The slave-girl isslain for the slave-girl as the slave is slain for the slave.Retaliation is between women as it is between men. That is becauseAllah, the Blessed, the Exalted, said in His Book, 'We have writtenfor them in it that it is a life for a life and an eye for an eye, anose for a nose, and an ear for an ear, and a tooth for a tooth, andfor wounds there is retaliation.' (Sura 5 ayat 48) Allah, the Blessed,the Exalted, mentioned that it is a life for a life. It is the life ofa free woman for the life of a free man, and her injury for hisinjury."Malik said about a man who held a man fast foranother man to hit, and he died on the spot, "If he held him and hethought that he meant to kill him, the two of them are both killed forhim. If he held him and he thought that he meant to beat him as peoplesometimes do, and he did not think that he meant to kill him, themurderer is slain and the one who held him is punished with a verysevere punishment and jailed for a year. There is no killing againsthim."Malik said about a man who murdered a man intentionallyor gouged out his eye intentionally, and then was slain or had his eyegouged out himself before retaliation was inflicted on him, "There isno blood-money nor retaliation against him. The right of the one whowas killed or had his eye gouged out goes when the thing which he isclaiming as retaliation goes. It is the same with a man who murdersanother man intentionally and then the murderer dies. When themurderer dies, the one seeking blood-revenge has nothing of blood-money or anything else. That is by the word of Allah, the Blessed theExalted, 'Retaliation is written for you in killing. The free man forthe free man and the slave for the slave.' "Malik said, "Heonly has retaliation against the one who killed him. If the man whomurdered him dies, he has no retaliation or blood-money."Malik said, "There is no retaliation held against a free man by aslave for any injury. The slave is killed for the free man when heintentionally murders him. The free man is not slain for the slave,even if he murders him intentionally. It is the best of what I haveheard."
USC-MSA web (English) reference: Book 43, Hadith 15
Arabic reference: Book 43, Hadith 1596