ShamelaTranslate
Search
Sign in
ShamelaTranslate

© 2026 ShamelaTranslate. Scholarly Open-Access Project.

AboutContactDonateImprintPrivacyTermsRight of WithdrawalCancel a subscription
Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 12 · Page 18Section

Translation · EN

the ja'ifa wound, it becomes obligatory at the end of the first year, and nothing of it is required immediately; [because the 'aqila [does not] bear immediate payment] (11). If it is half the blood money or one-third of it, such as the blood money for the hand or the blood money for the nostrils, one-third becomes obligatory at the end of the first year, and the remainder at the end of the second year (12). If it is more than two-thirds, such as the blood money for eight (13) fingers, two-thirds become obligatory in the two years, and the remainder at the end of the third year. If it is more than one blood money, such as [if the] hearing and sight of a person were lost (15), then in every year one-third [is paid]; because if the obligation were less than the blood money, it would not decrease in a year below one-third, and likewise it does not increase upon that if it exceeds one-third. If the obligation is due to a crime against two people, one-third becomes obligatory for each one in every year; because each one has blood money, so he is entitled to one-third of it, just as if his right were independent. If the obligation is less than one-third of the blood money, such as the blood money for a finger, the 'aqila does not bear it; because they do not bear what is less than one-third, and it becomes obligatory immediately; because it is a substitute for destroyed property that they do not bear, so it is immediate, like a crime against property.

Section: Concerning deficient blood money, such as the blood money for a woman or a Kitabi, there are two views. One is that it is divided over three years; because it is a substitute for a life, so it resembles full blood money. The second is that the amount of one-third of the full blood money becomes obligatory from it in the first year, and the remainder in the second year; because this is less than the [full] blood money, so it is not divided over three years, like the indemnity for a limb. This is the school of Abu Hanifah. Al-Shafi'i (16) has [a position like] the two views. If the blood money does not reach one-third of the full blood money, such as the blood money for a Magian, which is (17) eight hundred dirhams, and the blood money for a fetus, which is five camels, the 'aqila does not bear it; because they do not bear what is less than one-third, so it resembles the blood money for a tooth and the mu'diha, unless the fetus is killed along with its mother,

Notes

(11) Omitted from [copy] M. What is between the brackets is a necessary completion. (12) Omitted from the original [manuscript] and [copy] B. (13) In the original: "thamaniyah" (eight). (14) In [copy] B: "min adh-haba". (15) Omitted from [copy] M. (16) In [copies] B and M: "wa-al-Shafi'i". (17) In [copy] M: "wa-huwa".

PreviousVolume 12 · Page 18Next
Previous12·18Next