The fine for
.manflaughter
coniifts of one
hundred female
camels;
or (whenpaid
in money) of
ten thoufand
d ir ms, or one
thoufand
dtenars.
The fine for
homicide by
mifadventure
conflits of
it does not fuffice to emancipate an-embryo yet in the womb, fince
its exigence, as well as the perfednefs of its frame, are unknown
and uncertain.
. T he heavy fine for manflaughter confifts, according to Haneefa.
and AbooToofaf, of one hundred female camels, in four lots or claffes,
namely, twenty-five of one year, twenty-five of two years, twenty-
five of three years, and twenty-five of four years- Mohammed maintains
that it confifts of one hundred female camels, in three- lots;
namely, thirty of three years, thirty of four years, and- forty (pregnant
ones) of five years; becaufe the prophet has faid, “ A perfon
“ who dies offcourgmg or the baftinado is Jlain by m an s lau gh te r *,
‘ ‘ which requires an expiation o f one hundred camels, forty o f them
“ p r e g n a n t— and alfo, becaufe manflaughter requires an heavy fine,
which the number in queftion amounts to. T h e two Elders, in fup-
port of their opinion, argue that the prophet in general terms ordained
one hundred camels to be the mulft for bloodfhed;— and with refpeft
to the faying quoted by Mohammed, it is o f no weight; for the companions
have differed concerning the amount of the fine, which would
not have been the café had it been eftablilhed (as it mu ft) by that authority.
It is to be obferved, however, that this aggravation f of the
fine for manflaughter holds only where it is paid in camels;— for if
thé magiftrate decree it to be paid in money, no more than ten thoufand
dirms, or one thoufand deenars, can be impofed in aggravation;
becaufe, when paid in this mode, the amount has been particularly
fpecified by the lawgiver.
In cafes of homicide by mifadventure a fine is incumbent upon the
Akilas, and expiation upon the flayer. The fine, in this- inftance,
confifts of one hundred camels in five lots; twenty females of one year,
* T h a t is, fuppofing thofe to be inflidted unjujily, or without authority.
f Previous to the time o f the prophet the fine for bloodfhed was only ten camels.
twenty
twenty of two years, twenty of three-years, , twenty of four years,.
and t wenty males of one year; becaufe fuch was the fine decreed by
the-prophet in this inftance; and alfo.becaufe in this mode the fine is
leafi: burthenfome, and an alleviation ought to be granted in a cafe of
mifadventure, fince the fhedder of blood there Hands excufable.
-A f i n e of gold is one thoufand deenars, and that of filver ten
thoufand dirms, (as,mentioned above.) Shafe'i maintains that the.fine
of filver is'Twelve thoufand dirms. Our dodtors, in fupportof their
opinion, quote the authority of Omar. In fad, this difference of
opinion 'arifes folely from a difference in the weight or rate of the
dirms
A f i n e is not paid in any other than the above three modes,
namely, in camels, deenars, or dirms. T h e two difciples maintain
that it may be paid not only in thefe, but alfo in kine, (two hundred,)
or in goats (two thoufand,) and alfo in deaths, (two hundred fuits.)
It is alfo remarked in the Mabfoot, under the head o f Fines, that “ i f
“ the avenger of blood compound the matter for more than two hun-
<6 dred kine, or two hundred fuits of clothes, it is unlawful;” and
as no diflent is there noticed on the part of Haneefa, it hence follows
that be alfo admits the payment o f a fine in clothes or kine, as well as
the tw-o difciples.— This is approved.
T he fine for a woman, whether for the perfon or the members, is
half the fine for a man. Sbafei maintains that in all cafes o f offence
againft the members of the body, where the fine is rated at one third
of the fine of blood, or lefs, a man and woman are equal; but that
where it exceeds a third, up to the complete fine, that for a woman
* T h e tranflator omits, in this place, a long and perfectly uielefs difeufiion concerning
the relative weight and value o f dirms at different times.
U u 2 is
eighty female
camels and
twenty males.
Difference of
opinion concerning
the
rate of a per
cuniary fine.
It is not payable
in any
other mode
than by ca mels
or current
coin.
The fine for a
woman is half
the fine for a
man ;