Hadith 31673

Malik related to me that the generally agreed on way of doingthings amongst the community about an accident is that there is noblood-money until the victim is better. If a man's bone, either ahand, or a foot, or another part of his body, is broken accidentallyand it heals and becomes sound and returns to its form, there is noblood-money for it. If the limb is impaired or there is a scar on it,there is blood-money for it according to the extent that it isimpaired.Malik said, "If that part of the body has aspecific blood-money mentioned by the Prophet, may Allah bless him andgrant him peace, it is according to what the Prophet, may Allah blesshim and grant him peace, specified. If it is part of what does nothave a specific blood-money for it mentioned by the Prophet, may Allahbless him and grant him peace, and if there is no previous sunna aboutit or specific blood-money, one uses ijtihad about it."Maliksaid, "There is no blood-money for an accidental bodily injury whenthe wound heals and returns to its form. If there is any scar or markin that, ijtihad is used about it except for the belly-wound. There isa third of the blood-money of a life for it. "Malik said,"There is no blood-money for the wound which splinters a bone in thebody, and it is like the wound to the body which lays bare the bone."Malik said, "The generally agreed on way of doing things inour community is that when the doctor performs a circumcision and cutsoff the glans, he must pay the full blood-money. That is because it isan accident which the tribe is responsible for, and the full bloodmoney is payable for all that in which a doctor errs or exceeds, whenit is not intentional."