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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 11 · Page 5001432 - Issue: He said: (A male shall be killed for a female, and a female shall be killed for a male)

Translation · EN

it was obligatory as an expiation for the act and an erasure of its effect, thus its completion became necessary, like retaliation.

1432 - Issue: He said: (A male shall be killed for a female, and a female shall be killed for a male.)

This is the view of the general body of scholars; among them are al-Nakha'i, al-Sha'bi, al-Zuhri, Umar ibn Abd al-Aziz, Malik, the people of Medina, al-Shafi'i, Ishaq, the People of Opinion, and others. It has been narrated from Ali, may Allah be pleased with him, that he said: 'A man is killed for a woman, and his guardians are given half the blood money.' Sa'id recorded it. Something similar was narrated from Ahmad. It was related from al-Hasan and 'Ata'. It was also related from them that they held the view of the group. Perhaps those who follow the second view argue using the statement of Ali, may Allah be pleased with him, and because her blood money is half of his, so if he is killed for her, a remainder remains for him, and it is satisfied from the one who killed him. Our evidence is the words of the Almighty: "A soul for a soul," and His saying: "A free man for a free man," along with the generality of the other texts. It is established that the Prophet (peace and blessings of Allah be upon him) killed a Jew who had crushed the head of a girl from the Ansar. Abu Bakr ibn Muhammad ibn 'Amr ibn Hazm narrated from his father, from his grandfather, that the Messenger of Allah (peace and blessings of Allah be upon him) wrote to the people of Yemen in a letter containing the obligatory duties and the ages of livestock, and that a man is killed for a woman. It is a well-known book among the scholars, received by them with acceptance, and because they are two persons each of whom is penalized for slandering the other, so each of them is killed for the other,

Notes

(12) In B: "fawajabat" (it was obligatory). (1) Recorded by Ibn Jarir in: Tafsir Surah al-Baqarah, verse 178. Tafsir al-Tabari 2/105. (2) Surah al-Ma'idah, 45. (3) Surah al-Baqarah, 178. (4) Its verification preceded on page 448. (5) Recorded by al-Nasa'i in: The Chapter on Mentioning the Hadith of 'Amr ibn Hazm concerning Blood Money (al-'uqul), from the Book of Qasamah. al-Mujtaba 8/51, 52. And by al-Darimi in: The Chapter on Retaliation between Men and Women, from the Book of Blood Money (al-Diyat). Sunan al-Darimi 2/189, 190. And by al-Hakim in: The Book of Zakat. al-Mustadrak 1/395-397. And by al-Bayhaqi in: The Chapter on Killing a Man for a Woman, from the Book of Crimes (al-Jinayat). al-Sunan al-Kubra 8/28. (6) Thus it is in the manuscripts.

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