بسمه تعالی با آرزوی قبولی طاعات و عبادات روزه‌داران گرامی؛‌ نظر مرجع عالیقدر حضرت آیت‌الله العظمی صافی گلپایگانی مدظله العالی پیرامون میزان زکات فطره‌ و کفاره روزه بشرح ذیل است:   مؤمنان مبلغ معادل یک صاع  (3 کیلوگرم) گندم یا...
دوشنبه: 1397/04/4 - (الاثنين:11/شوال/1439)

Rules of Blood Money (Diyat)

 

2807. If someone deliberately and unjustifiably kills someone, the guardian of the killed can spare the killer, or by considering the conditions of penalizing the killer and the one who is killed, the killer can be executed, or one can take a certain amount, which will be mentioned in the following rulings, of blood money from the killer. If someone kills unintentionally, for example, if he throws an arrow to kill an animal but mistakenly kills someone, the guardian of the one who is killed cannot kill the killer, however, they can ask for blood money.

2808. Blood money for killing a free Muslim man is one of the following six things:

1. Hundred camels, which has entered their sixth year of age.
2. Two hundred cows.
3. One thousand sheep.
4. Two hundred silk dresses, each dress has two pieces which are woven in Yemen.
5. One thousand Shari’ah Misqal of gold coin which is equal to18 chickpeas.
6. Ten thousand Dirham, one Dirham is equal to 12.6 chickpeas of silver coin. The blood money for a Muslim woman is half of the above mentioned.

 

2809.  Blood money of certain things are equal to the blood money of killing someone, which has been mentioned in the foregoing rule:

1. If someone blinds both the eyes of a person, or plucks all four eye lashes of a person; if someone blinds one of the eyes, he should pay half of the blood money.  
2. If someone cuts off both the ears of a person in such a way that he becomes deaf, and there is no hope for him to recover from that; if someone cuts off one ear or makes him deaf, he should give half the blood money of killing someone, and if only the earlobes are cut off one third of the blood money will be paid.
3. If someone cuts off the nose or the soft part of the nose completely.
4. If someone cuts off the tongue of a person completely, who is not mute; and if he cuts off the tongue partially, he should give the blood money in proportion to twenty-eight alphabets (of Arabic), i.e. if the person is not able to pronounce one alphabet his blood money will be 1/28th of the blood money, if he is not able to pronounce two alphabets the blood money will be 2/28th (and so on). If someone cuts off the tongue of a mute completely, he should pay the 1/3rd of the blood money, and if he cuts off a part of a tongue of a mute, he should pay the blood money in proportion to the loss he made to him, i.e. if he cuts off half the tongue (of the mute), the blood money will be half of 1/3rd. If he cuts off quarter of the tongue, the blood money will be quarter of the 1/3rd.
5. If someone breaks all the teeth of a person. The blood money for each of the twelve teeth of the front, (i.e. all the incisors and canines) six in the upper jaw and six in the lower jaw, is fifty Shari’ah Misqal gold, and each Misqal weighs 18 chickpeas (Nukhud), and if he breaks anyone of the sixteen teeth, which are at the back of the jaw (i.e. premolars and molars), of a person, the blood money for each one of them will be twenty-five Shari’ah Misqal gold. 
6. If someone cuts off both the hands from wrist; and if he cuts off one of the hand from the wrist, the blood money will be half.
7. If someone cuts off all ten fingers of a person, and the blood money for each finger is 1/10th of the total.
8. If someone breaks the back of a person in such a way that he could not sit, and could not get well from it.
9. If someone cuts off both the breast of a woman; and if one of the breast is cut off the blood money will be half.

 

 10. If someone cuts off both the feet of a person from ankles, or if he cuts off all ten fingers of the feet, and the blood money for each finger is 1/10th.
 11. If the testicle of a man is cut off.
 12. If someone injures a person in such a way that he becomes insane.
 13. If someone harms a person in such a way that he could not differentiate between the good and bad smell, and if someone harms a person in a way that he could not ejaculate anymore, as per obligatory precaution, the person should be paid with full blood money.

2810. If someone deliberately and unjustifiably kills another person, and the guardian of the killed forgives the killer or accept the blood money, he should fast for two months and should feed sixty poor persons and should free one slave. And if the killer is sentenced to death, as per obligatory precaution, elders of the heirs should give the Kaffarah in the way mention from their inheritance, however, if a person is mistakenly killed, the Aaqilah i.e. (male) family members and relatives from father’s side of the killer, such as Paternal uncle, brother even sons and paternal grandfathers of the killer, as mentioned in the detail books, should pay the blood money on behalf of the killer, and the killer himself should free a slave, and if he is not able to free a slave, then he should fast for two months, and if even this is not possible for him, then he should feed sixty poor people.

2811. If a person is riding an animal, if he does something because of which the animal hurts someone, the rider will be responsible. Similarly, if someone else teases the animal and that animal hurts the rider or any other person, that person will be responsible.

2812. If a person does something provided which a pregnant woman aborts her child, and the child aborted is to be Muslim and free, and what is aborted is a sperm drop, the blood money will be twenty Sharia’h Misqal of gold coin, and each Misqal is equal to 18 chickpeas, and if what is aborted is A’laqah, a blood clot, the blood money will be forty Shari’ah Misqal of gold coin, and if it’s a Muzgha, a small chunk of meat, blood money will be sixty Shari’ah Misqal, if it has developed into bones, the blood money will be eighty Shari’ah Misqal, if the flesh is grown but it doesn’t carry a soul or life in it, blood money will be hundred Shari’ah Misqal, and if it has come into life, if the aborted child was a boy, the blood money will be one thousand Shari’ah Misqal, and if it was a girl, the blood money will be five hundred Shari’ah Misqal of gold coin.

 

2813. If a pregnant woman does something provided which the child is aborted, she should give the blood money to its heir according to the details mentioned in the foregoing rules, and she will not receive any thing from it.

2814. If someone kills a pregnant woman, he should give the blood money for both, the woman and the aborted child.

2815. If someone slit opens the skin of the head or face of a person, he should give a camel (as blood money or compensation) to him, and if the injury reaches the flesh and cuts it partially, he should give two camels, and if the cut has reached deep into the flesh, he should give three camels, and if the cut reaches the delicate skin over the bones, he should give four camels, and if the bones are exposed due to the cut, he should give five camels, and if the bones are broken, ten camels, and if the bits and pieces of the bones comes out of its place, fifteen camels, and if the cut reaches the delicate skin of the brains, he should give thirty three camels.

2816. If a person slaps or hits someone on his face, in a way that his face turns red, he should give one and a half Sharia’h Misqal of gold coin, and each Misqal is equal to 18 chickpeas; if it bruises, three Misqals; if it turns black, he should give six Shari’ah Misqal of gold. However, if a person hits someone on other than the face and it turns red or bruise or black, then he should give the half of what has been mentioned.

2817. If someone injures or cuts off a limb of an animal owned by a person, whether its meat is Halal or Haraam to eat, he should give the difference of the fit and the defective animal to its owner.

2818. If someone kills the retriever owned by a person, he should give twenty-one regular Misqal of silver coin to its owner. And, if someone kills the dog which looks after the house or cattle, he should give ten and a half regular Misqal of silver coin. And, if the killed dog used to look after the crops, he should give nine and a half Mann and three seer and fourteen and a half regular Misqal of wheat, i.e. approximately twenty nine kilo and seven hundred and fifty grams.

2819. If an animal spoils the crops or property of someone, provided the owner was loose in keeping the animal in control, the owner will have to pay for the damages made by the animal to the property or crops.

2820. If a child commits one of the greater sins, his guardian or someone else with the permission of the guardian, can hit the child to punish him but not in a way that Diyat becomes obligatory upon him.  

 

2821. If someone hits a child in a way that Diyat becomes obligatory upon him, the owner of the Diyat will be the child, and if the child is dead then it should be handed over to his heir, for example, if the father of the child beats him so much that the child dies, the blood money will be inherited by the other heirs, and the father will not inherit anything.

2822. Diyat or blood money for the limb of the body or injuries attained by the woman, if it has not reached one third of the blood money of the man, it will be equal to men, and if the blood money of the woman reaches the one third of the man, the blood money for the woman will be half of the blood money of man.

 

 

 

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Monday / 25 June / 2018