Hadith 30755

Yahya related to me from Malik from Ibn Shihab from Said ibn al-Musayyab and Abu Salama ibn Abd ar-Rahman from Abu Hurayra that theMessenger of Allah, may Allah bless him and grant him peace, said,"The wound of an animal is of no account and no compensation is duefor it. The well is of no account and no compensation is due for it.The mine is of no account and no compensation is due for it and afifth is due for buried treasures." (Al-kanz:
see Book 17).Malik said, "Everyone leading an animal by the halter, driving it, andriding it is responsible for what the animal strikes unless the animalkicks out without anything being done to it to make it kick out. Umaribn al-Khattab imposed the blood-money on a person who was exercisinghis horse."Malik said, "It is more fitting that a personleading an animal by the halter, driving it, or riding it incur a lossthan a person who is exercising his horse." (See hadith 4 of thisbook).Malik said, "What is done in our community about aperson who digs a well on a road or ties up an animal or does the likeof that on a road used by muslims, is that since what he has done isincluded in that which he is not permitted to do in such a place, heis liable for whatever injury or other thing arises from that action.The blood-money of that which is less than a third of the full blood-money is owed from his own personal property. Whatever reaches a thirdor more, is owed by his tribe. Any such things that he does which heis permitted to do on the muslims' road are something for which he hasno liability or loss. Part of that is a hole which a man digs tocollect rain, and the beast from which the man alights for some needand leaves standing on the road. There is no penalty against anyonefor this."Malik spoke about a man who went down a well, andanother man followed behind him, and the lower one pulled the higherone and they fell into the well and both died He said, "The tribe ofthe one who pulled him in is responsible for the blood-money."Malik spoke about a child whom a man ordered to go down into awell or to climb a palm tree and he died as a result. He said, "Theone who ordered him is liable for whatever befalls him, be it death orsomething else."Malik said, "The way of doing things in ourcommunity about which there is no dispute is that women and childrenare not obliged to pay blood-money together with the tribe in theblood-moneys which the tribe must pay. The blood-money is onlyobligatory for a man who has reached puberty."Malik saidthat the tribe could bind themselves to the blood-money of mawali ifthey wished. If they refused, they were people of the diwan or werecut off from their people. In the time of the Messenger of Allah, mayAllah bless him and grant him peace, people paid the blood-money toeach other as well as in the time of Abu Bakr as-Siddiq before therewas a diwan. The diwan was in the time of Umar ibn al-Khattab. No oneother than one's people and the ones holding the wala' paid blood-money for one because the wala' was not transferable and because theProphet, may Allah bless him and grant him peace, said, "The wala'belongs to the one who sets free."Malik said, "The wala' isan established relationship."Malik said, "What is done inour community about animals that are injured is that the person whocauses the injury pays whatever of their value has been diminished."Malik said about a man condemned to death and one of theother hudud befell him, "He is not punished for it. That is becausethe killing overrides all of that, except for slander. The slanderremains hanging over the one to whom it was said because it will besaid to him, 'Why do you not flog the one who slandered you?' I thinkthat the condemned man is flogged with the hadd before he is killed,and then he is killed. I do not think that any retaliation isinflicted on him for any injury except killing because killingoverrides all of that."Malik said, "What is done in ourcommunity is that when a murdered person is found among the main bodyof a people in a village or other place, the house or place of thenearest people to him is not responsible. That is because the murderedperson can be slain and then cast at the door of some people to shamethem by it. No one is responsible for the like of that."Malik said about a group of people who fight with each other and whenthe fight is broken up, a man is found dead or wounded, and it is notknown who did it, "The best of what is heard about that is that thereis blood-money for him, and the blood-money is against the people whoargued with him. If the injured or slain person is not from either ofthe two parties, his blood-money is against both of the two partiestogether."