Hadith 31383

Yahya related to me from Malik that Yahya ibn Said heard Sulaymanibn Yasar mention that a face wound in which the bone was bared waslike a head wound in which the bone was bared, unless the face wasscarred by the wound. Then the blood-money is increased by one half ofthe blood-money of the head wound in which the skin was bared so thatseventy five dinars are payable for it.Malik said, "What isdone in our community is that the head wound with splinters hasfifteen camels." He explained, "The head wound with splinters is thatfrom which pieces of bone fly off and which does not reach the brain.It can be in the head or the face."Malik said, "Thegenerally agreed on way of doing things in our community, is thatthere is no retaliation for a wound to the brain or a belly wound, andIbn Shihab has said, 'There is no retaliation for a wound to thebrain.' "Malik explained, "The wound to the brain is whatpierces the bones to the brain. This type of wound only occurs in thehead. It is that which reaches the brain when the bones are pierced."Malik said, "What is done in our community is that there isno blood-money paid on any head wound less than one which lays barethe skull. Blood-money is payable only for the head wound that baresthe bone and what is worse than that. That is because the Messenger ofAllah, may Allah bless him and grant him peace, stopped at the headwound which bared the bone in his letter to Amr ibn Hazm. He made itfive camels. The imams, past and present, have not made any blood-money payable for injuries less than the head wound which bares thebone."