In a compo-
lition for
murder,
where a Jlave
is concerned,
hisproportion
is the fame as
that o f a
freeman.
Oneoffeveral
heirs com*
pounding a
murder, defeats
theright
o f the reft to
retaliation,—
and they get
their fhares o f
the fine of
blood,
If a freeman and a Have together murder any perfon, and the
freeman and the flave’s mafter afterwards defire fome man to compound
the matter [with the deceafed’s heirs,] on behalf of both the
murderers, for one thoufand dirms, and he compound it accordingly,
the whole is due from them (the mafter and the other) in equal proportions;
becaufe they are co-parties in the contract of compofition;
and the thoufand in queftion is due as a fubftitute for retaliation; and
as both are-equally liable to retaliation, the fubftitute for it muft therefore
be paid by them in equal fhares.
If one of the heirs of a murdered perfon pardon the offence, or
enter into a- compofition with the murderer for a fum of money op-
pofed to his fhare of retaliation, the right o f all the heirs to retaliation
ceafes, and they get, in either cafe, their refpective proportions of the
fine of b lood.Slt is here to be obferved, as a rule, that as retaliation
is the right of a ll the heirs, fo likewife is the fine of blood. According
to Shafei and Mdlik the fine of blood is the right of all the heirs
except a hufband or w ife ; becaufe an heir is the fucceflor (or, ini;
other words, the fubftitute) of the deceafed in virtue of affinity, and
not of any fecondary caufe, fuch as marriage, which at death ceafes
to exift.
O bjection.— It would hence appear that a hufband and wife do
not inherit of each other with refpedf to other property like wife, fince
the caufe is terminated by the deceafe of either.
R e p l y .— According to Mdlik and Shqfe'i, tho fine of blood is not
due until ffiter death: contrary to all other property, the right of the
heirs being: connected with the eftate of the deceafed in the com-
mencement of his ficknefs, (whence it is that the afts of a fick perfon
do not hold good with refpedt to any thing beyond a third of his property,)
and confirmed by his demife,; and accordingly, his eftate goes
among the whole of his heirs, without any exception. It is otherwik
with a fine o f blood; for as that is not due until after death, and the
caufe
caufe * is terminated by the deceafe of the party,. it follows that it
Gannot be inherited by the wife or hufband.
_The arguments of our doctors upon this point are twofold.—
First, the prophet decreed to the wife of AJheem Zeedbee an inheritance
in the fine impofed for the blood of her hufband.—
Secondly, the fine i s - a. right to which inheritance appertains,
infomuch that i f a perfon be flain, having two fons, and one of
thofe fens- afterwards die, leaving a fon, his heir, the fine is fhared
between the fon and the foil’s fon. It ia-therefore eftablifhed on
behalf of all the heirs - indifcriminately; and the effeft of marriage,
continues with refpefl, to inheritance, after the demife of either of
the parties.. It: is here proper to remark, that where one o f.th e
heirs grants-a-pardon, as. above, the fhares due'to the others are;
payable within three years... Ziffer, maintains that-payment muft
be made within two years, in a cafe, where the right-of retaliation
lies between two perfons,. and one of them grants a.pardon;:
for here an h a lf fine is due, whence this, .is the fame, as where
a- perfon ftrikes off the hand o f another, by miftake, in which
cafe an half fine is due, payable within -two years. The. argument
of our dodlors is that the half, here due is a proportion of
the fine of blood; and as the whole of a fine-of- blood is payable,
in three years,- fo likewife is*-any part' of it.- The- proportion
due on account of a hand, on the contrary, is the whole of the
recompence for a hand, which is payable in two years; and therefore
the analogy urged-by Ziffier in this particular is-not admitted.—
It is-likewife proper to obferve that the. proportions owing to the remaining
heirs, (as here mentioned,) is due from the,property o f the
murderer, the adt being in this, cafe wilful.
* Meaning, the g ro u n d .o f .inheritance between hufband and wife, namely,.
marriage.
payable
within three
years i
If*