1473 - Issue; He said: (The wounds of a woman are equal to the wounds of a man up to one-third of the blood money. If they exceed one-third, then it is at the half.)

This has been narrated from Umar, Ibn Umar, and Zayd ibn Thabit. Sa'id ibn al-Musayyib, Umar ibn Abd al-Aziz, Urwah ibn al-Zubayr, al-Zuhri, Qatadah, al-A'raj, Rabi'ah, and Malik held this view. Ibn Abd al-Barr said: It is the opinion of the seven jurists of Medina and the majority of the people of Medina. It was narrated from al-Shafi'i in his earlier (qadim) opinion. Al-Hasan said: They are equal up to one-half. It was narrated from Ali, may Allah be pleased with him, that it is at the half in both small and large cases. This was also narrated from Ibn Sirin, and it is the view of al-Thawri, al-Layth, Ibn Abi Layla, Ibn Shubrumah, Abu Hanifah and his companions, Abu Thawr, and al-Shafi'i in his apparent (dhahir) school. Ibn al-Mundhir chose this view, because they are two individuals whose blood money differs, so the compensation (arsh) for their limbs differs, like the Muslim and the disbeliever. Furthermore, it is an injury with a determined compensation, so it is, in the case of a woman, half of that of a man, like the hand. It is narrated from Ibn Mas'ud that he said: The woman shares the blood money (tu'aqilu) with the man up to one-tenth of the blood money, and if it exceeds that, it is at the half; because she is equal to him in the case of the head-wounding (mudihah). Our proof is what 'Amr ibn Shu'ayb narrated from his father, from his grandfather, who said: The Messenger of Allah (peace and blessings of Allah be upon him) said: "The blood money (aql) of a woman is like the blood money of a man until it reaches one-third of her blood money." Narrated by al-Nasa'i. This is a definitive text (nass) which takes precedence over all else. Rabi'ah said: I said to Sa'id ibn al-Musayyib: How much is for a woman's finger? He said: Ten (camels). I said: Then for two fingers? He said: Twenty. I said: Then for three fingers? He said: Thirty. I said: Then for four? He said: Twenty. He said: I said: When her injury became severe, her blood money decreased! He said: This is the Sunnah, O nephew. This is what the Sunnah of the Messenger of Allah (peace and blessings of Allah be upon him) requires. Sa'id ibn Mansur narrated it. It is also the consensus of the Companions, may Allah be pleased with them, as no difference of opinion was reported from them, except from Ali, and we do not know the authenticity of that from him. Furthermore, what is less than one-third is equal for both male and female, as evidenced by the fetus, for which the male and female are equal. As for the one-third itself, are they equal in it? There are two narrations. One of them is that they are equal in it, because it has not passed the threshold of 'few', which is why a bequest of it is valid. It is also narrated that they differ in it, and this is the correct view, because of his (the Prophet's) saying: "until it reaches one-third." "Until" (hatta) implies a limit, so it must be different from what preceded it, like the saying of Allah the Exalted: {until they pay the jizyah}. Moreover, the one-third is in the category of 'much', because of his (the Prophet's) saying: "The third, and the third is much."

Section: As for the blood money of the women of the rest of the religions, our companions said: Their blood money is equal to the blood money of their men up to one-third, due to the generality of his (the Prophet's) saying: "The blood money of a woman is like the blood money of a man, until it reaches one-third of her blood money." Also, because the obligation is the blood money of a woman, so it is equal to the blood money of the man of her own religion, like the Muslims. It is possible that the woman is equal to the man up to the amount of one-third of the blood money of a Muslim man, because that is the 'much' amount in which the halving is established in the basis, which is the blood money of the Muslim.

1474 - Issue; He said: (The blood money of a male slave and a female slave is their value, no matter how much that reaches.)

The explanation of this issue has preceded in what has passed. There is no difference in this ruling between the absolute slave (qinn), the mudabbar (slave whose freedom is contingent on the master's death), the mukatab (slave under a contract of manumission), and the umm al-walad (slave woman who has borne her master a child). Al-Khattabi said: The general body of jurists agreed that...