Muwatta 2582

الموطأ 2582 — مالك: العصبة والموالي أولى بالعفو والقود من النساء

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Summary

Yahya said: Malik said about a man killed deliberately: if the agnates or clients of the victim stand and say: we swear and claim the blood of our companion, that is theirs. Malik said: if the women wish to pardon him, that is not theirs; the agnates and clients have more right to it than the women, because they are the ones who claimed the blood and swore to it. If the agnates or clients pardon after claiming the blood, and the women refuse and say: we will not leave the killer of our companion, then they have more right to it; for whoever takes retaliation has more right than whoever leaves it, once the blood is established and the killing is due. 1

Place in the museum

Belongs to the Muwatta, Book of Qasama. Source: the Muwatta. Mentions Malik ibn Anas. Built on in the chapters on qawad.

Connections

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Part of
Muwatta, Book of the oath procedure for homicide (qasama)
Mentions
Malik ibn Anas
Basis for
retaliation (qawad)

People and things also explored

Muwatta 2573· Muwatta 2574· Muwatta 2575· Muwatta 2576· Muwatta 2577· Muwatta 2578· Muwatta 2579· Muwatta 2580

Sources

  1. Muwatta, recension of Yahya ibn Yahya al-Laythi (ed. Bashar Awwad Ma'ruf) , p.456
Cite this page

islam.museum contributors. “Muwatta 2582”. islam.museum, https://islam.museum/en/passage/muwatta-30-2582/. CC BY-SA 4.0. Last updated 2026-10-17.

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