of camels, and for every phalanx of them is one-third of its blood money, except for the thumb, for it has two joints, so for every joint of it is five camels).
This is the opinion of the generality of the scholars; among them are ‘Umar, ‘Ali, and Ibn ‘Abbas (2). It is also the opinion of Masruq, ‘Urwa, Makhul, al-Sha‘bi, ‘Abd Allah ibn Ma‘qil (3), al-Thawri, al-Awza‘i, Malik, al-Shafi‘i, Abu Thawr, the People of Opinion, and the People of Hadith. We know of no dissenter regarding this, except for a report from ‘Umar that he ruled regarding the thumb [with thirteen], and for the one next to it with twelve, and for the middle one with ten, and for the one next to it with nine, and for the little finger with six (5). It was reported from him that when he was informed of a document written by the Prophet (peace and blessings of Allah be upon him) for the family of Hazm: "And for every finger from those there is ten camels" (6), he adopted it and abandoned his previous opinion. From Mujahid: for the thumb is fifteen, for the one next to it is thirteen, for the one next to it is ten, for the one next to it is eight, and for the one next to it is seven. Our proof is what Ibn ‘Abbas reported, saying: The Messenger of Allah (peace and blessings of Allah be upon him) said: "The blood money for the fingers of the two hands and the two legs is ten camels for every finger." It was narrated by al-Tirmidhi (7), who said: It is a hasan (good) sahih (authentic) hadith (8). It was also reported (9) by Abu Dawud (10) from Abu Musa from the Prophet (peace and blessings of Allah be upon him). And from Ibn ‘Abbas, who said: The
(2) Reported from them by Ibn Abi Shaybah in: The Chapter of How Much Is for Each Finger, from the Book of Blood Money (Kitab al-Diyat), Al-Musannaf 9/193–195. It was reported from ‘Ali and ‘Umar by ‘Abd al-Razzaq in: The Chapter of Fingers, from the Book of Blood Money (Kitab al-‘Uqul), Al-Musannaf 9/383, 384. It was reported from Ibn ‘Abbas by al-Bayhaqi in: The Chapter of Fingers Being All Equal, from the Book of Blood Money (Kitab al-Diyat), Al-Sunan al-Kubra 8/93. (3) His biography was mentioned previously in: 3/261. (4) In B and M: "with one-third of a ghurra (a slave/compensation value)." (5) Reported by ‘Abd al-Razzaq in: The Chapter of Fingers, from the Book of Blood Money (Kitab al-‘Uqul), Al-Musannaf 9/384. (6) Its extraction was mentioned previously, on page 5. See also this opinion in what was reported by al-Nasa’i in: The Chapter of the Blood Money for Fingers, from the Book of Qasama (Oath-taking regarding blood feuds) 8/50. (7) In: The Chapter of What Has Been Said Regarding the Blood Money for Fingers, from the Chapters of Blood Money (Abwab al-Diyat). ‘Aridat al-Ahwadhi 6/166. (8) Omitted from M. (9) The waw (and) is omitted from M. (10) In: The Chapter of the Blood Money for Limbs, from the Book of Blood Money (Kitab al-Diyat), Sunan Abi Dawud 2/495. It was also reported by al-Nasa’i in: The Chapter of the Blood Money for Fingers, from the Book of Qasama, Al-Mujtaba 8/49–51.
