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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 12 · Page 58Section

Translation · EN

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

Notes

(5) In M: "yu'tabar" (is considered). (6) In M: "li-qawli" (for the saying of). (7) Surah al-Tawbah 29. (8) Omitted from the original. (9) Its authentication was previously mentioned in: 8/393. (1) In: 11/504, 505. (2) Ma'alim al-Sunan 4/37.

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