Chapter on a Muslim Killing a Dhimmi, a Slave, a Mudabbar, or a Mukatab, or Them Killing a Muslim

Ibn Muskan narrated from Abu Baṣir who said: I asked Abu Abdullah عليه السلام about the blood money (diyyah) for a Jew, a Christian, and a Magian. Imam عليه السلام replied: "They are equal - eight hundred (dirhams), eight hundred (dirhams)." I asked: "May I be your ransom, if they are caught committing an immoral act in the land of the Muslims, is the legal punishment (hadd) applied to them?" Imam عليه السلام said: "Yes, they are judged according to the rulings of the Muslims."

Ibn Abi Umayr narrated from Samaah ibn Mihran who reported from Abu Abdullah عليه السلام that the Prophet (peace be upon him and his family) sent Khalid ibn Al-Walid to Bahrain, where he was involved in shedding the blood of some Jews, Christians, and Magians. Khalid wrote to the Messenger of Allah سبحانه وتعالى (peace be upon him and his family), saying: "I have shed the blood of some Jews and Christians, and I paid their blood money (diyyah) as eight hundred (dirhams) each. I also shed the blood of some Magians, but you did not give me any prior instruction regarding them." The Messenger of Allah سبحانه وتعالى (peace be upon him and his family) wrote back to him: "Their blood money is the same as that of the Jews and Christians," and he added, "They are People of the Book."

Al-Hasan ibn Mahbub narrated from Ali ibn Riʾab from Ḍurays Al-Kunasi who reported from Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام regarding a Christian man who killed a Muslim. When he was captured, he accepted Islam. Imam عليه السلام was asked: "Should he be killed for the Muslim he murdered?" Imam عليه السلام replied: "Yes." It was then asked: "And if he does not accept Islam?" Imam عليه السلام said: "He will be handed over to the heirs of the murdered person. If they wish, they may kill him, if they wish, they may pardon him, and if they wish, they may enslave him. And if he possesses any tangible wealth, it will be handed over to the heirs of the murdered person along with him."

Al-Qasim ibn Muhammad narrated from Ali ibn Abi Hamzah from Abu Baṣir, who reported from Abu Abdullah عليه السلام that he said: "The blood money (diyyah) for a Jew and a Christian is four thousand (dirhams), four thousand (dirhams), and the blood money for a Magian (Zoroastrian) is eight hundred dirhams." Imam عليه السلام also said: "Indeed, the Magians have a book called Jamaspf."

It has been narrated: "The blood money (diyyah) for a Jew, a Christian, and a Magian is four thousand dirhams, four thousand dirhams because they are People of the Book."

Abdullah ibn Al-Mughirah narrated from Mansur, from Aban ibn Taghlib, from Abu Abdullah عليه السلام who said: "The blood money (diyyah) for a Jew, a Christian, and a Magian is equal to that of a Muslim."

Al-Husayn ibn Sa'id narrated from Fadalah, from Aban, from Zurara, from Abu Abdullah عليه السلام who said: "Whoever was granted protection (dhimmah) by Messenger of Allah سبحانه وتعالى (peace be upon him and his family), his blood money (diyyah) is complete (to that of a muslim)."

Ali ibn Al-Hakam narrated from Abu Al-Maghra, from Abu Basir, from Abu Abdullah Imam Jafar ibn Muhammad Al-Sadiq عليه السلام who said: "If a Muslim kills a Christian and the family of the Christian wishes to execute him, they may do so, but they must pay the difference between the two blood monies (diyyahs)."

Ali ibn Al-Hakam narrated from Aban, from Ismail ibn Al-Fadl, who said: I asked Abu Abdullah عليه السلام about the blood of the Magians, Jews, and Christians - whether there is any penalty upon someone who kills them if they deceive the Muslims and openly display hostility and treachery towards them. Imam عليه السلام replied: "No, unless he is habitual in killing them." He further said: I asked Imam عليه السلام about a Muslim being killed for killing a person from the People of the Book (Ahl Al-Dhimmah) or from the People of the Scripture. Imam عليه السلام replied: "No, unless he is accustomed to doing so and does not desist from killing them, then he will be killed and humiliated."

The Prophet Muhammad (peace be upon him and his family) said: "Whoever harms one under my protection (dhimmah) has indeed harmed me."

Buraid Al-Ijli narrated from Abu Abdullah عليه السلام that he was asked about a Muslim who gouged out the eye of a Christian. Imam عليه السلام replied: "The blood money (diyyah) for the eye of a dhimmi (non-Muslim under Islamic protection) is four hundred dirhams."

Uthman ibn Isa narrated from Sama'ah that Abu Abdullah عليه السلام said: "A slave is to be killed for killing a free man, but a free man is not to be killed for killing a slave. However, he must pay the slave's value and be severely beaten so that he does not repeat such an act."

Hammad narrated from Al-Halabi that Abu Abdullah Imam Jafar ibn Muhammad Al-Sadiq عليه السلام said regarding a man who intentionally kills his slave: "I prefer that he frees a slave, fasts for two consecutive months, and feeds sixty needy people, and then he should repent after that."

Humran asked Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام about a man who struck his slave, and the slave died as a result of the beating. Imam عليه السلام replied: "He must free a slave."

Yahya ibn Abi Al-'Ala narrated from Abu Abdullah عليه السلام who said: "If a slave kills a free man, the family of the murdered person has the choice: if they wish, they may kill him, and if they wish, they may enslave him."

Imam Ali ibn Abi Talib عليه السلام, Commander of the Faithful, ruled regarding a mukatab (a slave who had a contract for freedom) who was killed: "The portion of him that had been freed is calculated, and the blood money for that part is paid as that of a free man, and the portion that remained in servitude is paid as the blood money of a slave." Imam عليه السلام also said: "A slave does not burden his family with any liability beyond himself."

Imam Abu Abdullah عليه السلام was asked about a slave who injured a free man. Imam عليه السلام said: "If the free man wishes, he may take retribution (qisas) from him, and if he wishes, he may take the slave if the injury is severe enough to warrant his execution. If the injury does not warrant execution, then the slave's master must pay compensation (diyyah). If the master refuses to pay the compensation, then the injured free man has a right over the slave equivalent to the diyyah of his injury, and the rest belongs to the master. The slave is then sold, the injured party takes his due, and the remainder is returned to the master."

Imam Abu Abdullah عليه السلام was asked about a man who inflicted a mudhiha (a wound exposing the bone) on a slave. Imam عليه السلام said: "He is liable to pay half of one-tenth of the slave's value."

Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام was asked about a slave who injured two men. Imam عليه السلام said: "He is to be divided between them if his crime equals his full value." It was asked: "What if he injured one man in the morning and another in the evening?" Imam عليه السلام replied: "He is to be divided between them as long as the governor has not ruled regarding the first injured person. But if the governor had already ruled and handed the slave over to the first injured party due to his injury, and then the slave committed another injury afterward, then his liability for that second injury falls upon the latter victim."

Abu Abdullah Imam Jafar ibn Muhammad Al-Sadiq عليه السلام said: "If a free man kills a slave, he must pay the slave's value and be disciplined." It was asked: "What if the value of the slave is twenty thousand?" Imam عليه السلام replied: "The value of a slave cannot exceed the blood money (diyyah) of a free person."

In the narration of Al-Sakuni, Commander of the Faithful عليه السلام said: "The injuries of slaves are to be compensated in the same manner as the injuries of free people, according to their value."

Ibn Mahbub narrated from Abu Muhammad Al-Wabishi who said: I asked Abu Abdullah عليه السلام about a group of people who claimed that a slave had committed an offense warranting his execution, and the slave confessed to it. Imam عليه السلام said: "The confession of a slave is not valid against his master." Imam عليه السلام further said: "But if they establish evidence for what they claimed against the slave, they may take the slave for it or his master may ransom him."

Ibn Mahbub narrated from Hisham bin Salim from Abu Basir who said: I asked Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام about a mudabbar (a slave promised freedom after the owner's death) who intentionally killed a man. Imam عليه السلام said: "He is to be killed in retaliation." I asked: "What if he killed him by mistake?" Imam عليه السلام replied: "He is handed over to the heirs of the murdered person, and he becomes their slave. If they wish, they can enslave him, and if they wish, they can sell him, but they have no right to kill him." Then Imam عليه السلام said: "O' Abu Muhammad, indeed the mudabbar is still a slave."

Ibn Mahbub narrated from Abu Ayyub from Muhammad bin Muslim who said: I asked Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام about a mukatab (a slave who has a contract for gradual emancipation) who unintentionally killed a man. Imam عليه السلام said: "If his master, when drafting the emancipation contract, stipulated that if he fails to fulfill the payment, he would return to slavery, then he is treated like a slave and handed over to the heirs of the murdered person. If they wish, they may enslave him, and if they wish, they may sell him. But if his master, when drafting the contract, did not make such a stipulation and the mukatab had already paid part of the contract amount, then Imam Ali ibn Abi Talib عليه السلام used to say, 'He is freed in proportion to what he has paid of his contract, and it is upon the Imam to pay the heirs of the murdered person an amount equivalent to the portion of freedom the mukatab had earned. The blood of a Muslim must not be wasted.' I عليه السلام also believe that regarding the remaining unpaid portion of the contract, the mukatab should remain as a slave to the heirs of the murdered person, serving them for the rest of his life in proportion to what remains of his contract, but they are not permitted to sell him."

Ibn Mahbub narrated from Ali bin Ri'ab from Abu Abdullah عليه السلام regarding a man who placed his slave on a riding animal, and the animal trampled a man. Imam عليه السلام said: "The compensation is upon the master."

Ibn Mahbub narrated from Ali bin Ri'ab from Abu Al-Ward who said: I asked Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام about a man who accidentally killed a slave. Imam عليه السلام said: "He must pay the slave's value, and his value should not exceed ten thousand dirhams." I asked: "Who will appraise his value when he is dead?" Imam عليه السلام replied: "If the master has witnesses that his value on the day he was killed was such and such, then the killer must pay that amount. If the master has no witnesses, the killer must swear four times by Allah سبحانه وتعالى that the slave's value was no more than what he has appraised. If he refuses to swear and the oath is passed to the master, then the master is given the amount he swore upon, but the value must not exceed ten thousand dirhams." Imam عليه السلام further said: "If the slave was a believer and he was killed intentionally, the killer must pay his value, free a slave, fast for two consecutive months, feed sixty needy people, and repent to Allah سبحانه وتعالى, the Mighty and Majestic."

Ibn Mahbub narrated from Abu Walad who said: I asked Abu Abdullah عليه السلام about a mukatab (a slave who has entered into a contract for his freedom) who committed an offense against a free man. Imam عليه السلام said: "If he has paid part of his mukataba (freedom contract), he is liable for the offense in proportion to what he has paid. If he cannot cover the liability for the offense, the remainder is taken from the master who set the contract with him." I asked: "What if the offense was against another slave?" Imam عليه السلام replied: "It is the same; the mukatab is handed over to the master of the injured slave. There is no compensation between the mukatab and the slave if the mukatab has paid part of his contract. However, if he has not paid anything from his mukataba, then compensation is taken directly from him or his master must pay for all the damage caused by the mukatab because he is still his slave until he pays part of his contract." Imam عليه السلام further said: "The child of a mukataba woman follows her status: if she remains a slave, her child is a slave; and if she is freed, her child is also free."