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92.8. Was aber jemanden angeht, der geizt und sich für unbedürftig hält

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 Kapitel: Blood-Money
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Ansicht der Ahadith 25-29 von 29 Ahadith, Seite 3/3

 

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Kapitel: 43, Nummer: 8
Yahya related to me from Malik from Da'ud ibn al-Husayn that Abu Ghatafan ibn Tarif al-Murri informed him that Marwan ibn al-Hakam sent him to Abdullah ibn Abbas to ask him what there was for the molar. Abdullah ibn Abbas said, There are five camels for it. He said, Marwan sent me back again to Abdullah ibn Abbas.'' He said, Do you make front teeth like molars? Abdullah ibn Abbas said, It is enough that you take the fingers as the example for that, their blood-moneys being all the same.

Yahya related to me from Malik from Hisham ibn Urwa that his father made all the teeth the same in the blood-money and did not prefer any kind over others.

Malik said, What is done in our community is that the front teeth, molars, and eye-teeth have the same blood-money. That is because the Messenger of Allah, may Allah bless him and grant him peace, said, 'The tooth has five camels.' The molar is one of the teeth and he did not prefer any kind over the others.


Kapitel: 43, Nummer: 8a
Yahya related to me from Malik that he had heard that Said ibn al-Musayyab and Sulayman ibn Yasar said, The head wound of the slave in which the bone is bared is a twentieth of his price.

Malik related to me that he had heard that Marwan ibn al-Hakam gave a decision about a slave who was injured that the person who injured him had to pay what he had diminished of the value of the slave.

Malik said, What is done in our community is that for the head wound of a slave that bares the bone, there is a twentieth of his price. The head wound which splinters the bone is three twentieths of his price. Both the wound to the brain and the belly wound are a third of his price. Besides these four, any other types of injury that decrease the price of the slave are considered after the slave is better and well, and one sees what the value of the slave is after his injury and what his value whole was before he had the injury. Then the one who injured him pays the difference between the two values.


Kapitel: 43, Nummer: 8b
Yahya related to me from Malik that he heard that Umar ibn Abd al-Aziz gave a decision that when a jew or christian was killed, his blood-money was half the blood-money of a free muslim.

Malik said, What is done in our community, is that a muslim is not killed for a kafir unless the muslim kills him by deceit. Then he is killed for it.

Yahya related to me from Malik from Yahya ibn Said that Sulayman ibn Yasar said, The blood-money of a magian is eight hundred dirhams.

Malik said, This is what is done in our community.

Malik said, The blood-monies of the jew, christian, and magian in their injuries, is according to the injury of the muslims in their blood-moneys. The head wound is a twentieth of his full blood-money. The wound that opens the head is a third of his blood-money. The belly-wound is a third of his blood-money. All their injuries are according to this calculation.


Kapitel: 43, Nummer: 8c
Yahya related to me from Malik from Hisham ibn Urwa that his father said, The tribe is not obliged to pay blood-money for intentional murder. They pay blood-money for accidental killing.

Yahya related to me from Malik that Ibn Shihab said, The precedent of the sunna is that the tribe are not liable for any blood-money of an intentional killing unless they wish that.

Yahya related to me from Malik from Yahya ibn Said the same as that.

Malik said that Ibn Shihab said, The precedent of the sunna in the intentional murder is that when the relatives of the murdered person relinquish retaliation, the blood-money is owed by the murderer from his own property unless the tribe helps him with it willingly.

Malik said, What is done in our community is that the blood-money is not obliged against the tribe until it has reached a third of the full amount and upwards. Whatever reaches a third is against the tribe, and whatever is below a third, is against the property of the one who did the injury.

Malik said, The way of doing things about which there is no dispute among us, in the case of someone who has the blood-money accepted from him in intentional murder or in any injury in which there is retaliation, is that that blood-money is not due from the tribe unless they wish it. The blood-money for that is from the property of the murderer or the injurer if he has property. If he does not have any property, it is a debt against him, and none of it is owed by the tribe unless they wish.

Malik said, The tribe does not pay blood-money to anyone who injures himself, intentionally or accidentally. This is the opinion of the people of fiqh in our community. I have not heard that anyone has made the tribe liable for any blood-money incurred by intentional acts. Part of what is well-known of that is that Allah, the Blessed, and the Exalted, said in His Book, 'Whoever has something pardoned him by his brother, should follow it with what is accepted and pay it with good will' (Sura 2 ayat 178) The commentary on that - in our view - and Allah knows best, is that whoever gives his brother something of the blood-money, should follow it with what is accepted and pay him with good will.

Malik spoke about a child who had no property and a woman who had no property. He said, When one of them causes an injury below a third of the blood-money, it is taken on behalf of the child and woman from their personal property, if they have property from which it may be taken. If not, the injury which each of them has caused is a debt against them. The tribe does not have to pay any of it and the father of a child is not liable for the blood-money of an injury caused by the child and he is not responsible for it.

Malik said, The way of doing things in our community about which there is no dispute, is that when a slave is killed, the value for him is that of the day on which he was killed. The tribe of the murderer is not liable for any of the value of the slave, great or small. That is the responsibility of the one who struck him from his own personal property as far as it covers. If the value of the slave is the blood-money or more, that is against him in his property. That is because the slave is a certain type of goods.


Kapitel: 43, Nummer: 9
Yahya related to me from Malik from Ibn Shihab that Umar ibn al-Khattab demanded of the people at Mina, If anyone has knowledge of blood-money, let him inform me. Ad-Dahhak ibn Sufyan al-Kilabi stood up and said, The Messenger of Allah, may Allah bless him and grant him peace, wrote to me that the wife of Ashyam ad-Dibabi inherited from the blood-money of her husband. Umar ibn al-Khattab said to him, Go into the tent until I come to you. When Umar ibn al-Khattab came in, ad-Dahhak told him about it and Umar ibn al-Khattab gave a decision based on that.

Ibn Shihab said, The killing of Ashyam was accidental.



Ansicht von 25-29 von 29 Ahadith, Seite 3/3

 

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