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1. If a Woman Aborts After She is Beaten
A certain person beat a woman, who aborted in the shape of Alqa, Hazrat Ali (A) fixed its compensation at forty Dinar.
(Qaza p.l63).
Explaining he said that the penalty for abortion in various forms according to the command of Allah in the Holy Quran is :
Penalty for Nutfa (time of Contact of the worms of production 20 Dinars
Penalty for Alqa 40
Penalty when it is in the shape of flesh and blood 60
Penalty for full structure before taking shape 80
Penalty after the structure takes human shape 100
(Qaza p. 43; Abuturab Voll p. 220-223).
2. The Loss of An Eye
A man who had lost an eye was presented before Amir-ul-Momineen Hazrat Ali (A). He had lost his second eye on being hit by another person.. The penalty for this fixed by Hazrat Ali (A) was that either the person concerned should be ready to lose one eye and pay half penalty of 500 Dinars or he should pay full penalty and save his eye, the choice being his. (Qaza P/43).
3. Penalty for a Single Part of The Human Body and Life
(1 Dinar = I £ sterling)
Life . . 10,000 Dinars
Sight 1000 ,.
Power of Hearing 1000
Nose 1000
Power of Talking 1000
Both Lips 1000
Both Hands 1000
Feet. . 1000
Backbone 1000
Testicles 1000
Male Organ 1000
Hips, if urine or stool become 1000
uncontrollable.
The penalty for parts which are in pair is 1000 Dinars and for one part of the pair is 500 Dinars, but testicles and lips are exempted from this because the penalty for the upper lip is 500 Dinar, but the penalty for the lower one is 600 Dinars. Similarly the penalty for the right testicle is 2/3 of the full penalty and for the left it is 1/3 thereof.
Explanation
1. The lower lip helps prevent the food or any liquid coming out of the mouth.
2. The right testicle helps the birth of a male child.
(Wasael -Kitab Diyyat).
4. Compensation For Wounds On The Head
If it only bleeds 10 Dinars.
If some bone becomes visible 50
If bone comes out 150
If the attack reaches the brain. . 333-1/3
(Wafi, and Wasael -Kitab Diyyat).
5. Penalties For The Face
If mouth becomes visible. . 200 Dinars.
If the wound defaces any part of the face
after healing 50 Dinars.
If the wound reaches the jaw, 150
If both the cheeks are pierced. . 100
For an iriftllable hole in one of the cheeks. . 100
If a bone is cracked or fractured 80
If some bone becomes visible by a wound. . 150
If flesh above one Dirham or more is
removed 30
If the wound becomes a mark. . 12.5
For an ordinary wound 10
6. Penalty For a Slap
If the cheek goes black 6 Dinars.
If it goes blue 3
If it becomes red 1.5
7. Penalty For Teeth
If a tooth is completely uprooted 50 Dinars.
If it goes black and the same condition continues for one year 50
For shaking of a tooth 50
For a black (Worm-eaten)???? tooth 12.5
(Wasael & Wafi)
8. Lobes And Nostrils
For cutting the lobe 666-2/3Dinars
For burst in the nostril 333-1/3
9. Collar-Bone
For fracture 40 Dinars
For burst 32
If the bone becomes visible 25
If bone comes out by fracture 20
For a hole 10
10. Beard
If the beard could not grow again 1000 Dinars.
If it grows again 333-1/3
11. Shoulder
If correctly fitted after fracture 100 Dinars.
For a burst 80
If the bone becomes visible 25
If the bone is removed 50
For a hole 25
If not fitted after fracture 333-1/3
For dislocation 30
12. Arm
For fracture 100 Dinars.
If the bone becomes visible by a wound 25
If the bone is removed 50
For a hole 25
13. Elbow
If fitted after fracture loo Dinars.
For a burst 32
If bone becomes visible 25
If bone is removed 50
For a hole 25
If not fitted after fracture 1/3 Dinars
For dislocatiop only 30 Dinars.
14. Wrist
If fitted after fracture l00 Dinars.
For a burst 80
If bone becomes visible 25
If the bone is removed 100
For a hole 25
If the wound reaches the bone 50
If the fore-arm is fractured 50
For fracture of the wrist 100
15. Hand
For fracture 100 Dinars.
For visibility of bone 25
If the bone is removed 50
For a hole 25
If the wound reaches the bone 100
For dislocation. 166-2/3 Dinars.
16. Thumb
The thumb has two parts, the upper and the lower and
for each part there is a different penalty :-
If the upper part is fractured and fitted again 16-2/3 Dinars
For a burst 13-1/3
If the bone becomes visible 4-1/6
If the bone is removed 5
For a hole 4-1/6
If the lower part is fractured and fitted again 33-1/3
For a burst 26-2/3
For a hole 8-1/3
If the bone becomes visible 8
If the bone is removed 16-2/3
For dislocation 10
For cutting of the whole thumb the penalty
will be 1/3 of the hand i.e. 166-1/3
If only a portion of the thumb is cut the
penalty will have to be awarded proportionately
11. Fingers And The Nails
Every finger has three different parts and the penalty is
also different for each of them :-
1. The lower part which is joined to the palm if fractured 16-2/3 Dinars.
For a burst 13-1/3
For visibility of the bone 4-1/6
If the bone is removed 8-1/3
For a hole 4-1/6
For dislocation 5
If the whole finger is cut, the penalty will be 1/6 of the hand, i.e. 83-2/3
2. The middle part if fractured. 11-1/3 Dinars.
If the bone becomes visible 2-2/3
If the bone is removed 5-1/3
For a hole 2-2/3
For dislocation 3-2/3
If the whole is cut 55-1/3
3. The upper part if fractured 5-4/5 Dinars.
For a burst 4-1/5
If the bone becomes visible 2-1/3
If the bone is removed 5-1/3
For a hole 2-2/3
For dislocation 3-2/3
If wholly cut 27
4. If the nails grow again the penalty for each nail will be 5 Dinars, but in case it does not grow at all or grows black the penalty will be 10 Dinars for each nail.
18. The Chest and the Back
If chest is fractured and bent both side 500 Dinars.
If fractured and bent only one side 250
If the ribs are also fractured together with the chest on both sides 1000
For one side only 500
For inability in morving on any side 500
For fracture of the back bone if refitted 500
For male breast 125
For female breast 500
For both 1000
For each of the ribs in the sphere of the heart 25
For burst 12.5
For visibility of the bone 6.5
If the bone is removed 7.5
For a hole 6.5
For each rib in the sphere of the arms if fractured 10
For a burst 2.5
If the bone is removed 5 Dinars.
For a hole 2.5
If the weapon goes deep into the chest or the belly 333-1/3 Dinars.
If it pierces through 432-1/3
19. Hips
If bone of the hip is fractured 200 Dinars.
For a burst 160
For visibility of the bone 50
If the bone is removed 175
For dislocation 30
If bent after refitting 333-1/3
20. Thighs
If the thigh is fractured 200 Dinars.
For a burst 160
If the bone becomes visible 50
If the bone is removed 100
For only a hole 50
If the bone is bent after fracture 333-1/3 Dinars.
21. The Knees
If the bone is fractured 200 Dinars.
For a burst 160
If the bone becomes visible by a wound 50
If the cap is removed 50
For dislocation 30
For a hole 50
If fractured and could not be refitted. . 333-1/3 Dinars.
22. The Legs
If the leg is fractured 200 Dinars.
If the bone is burst 160
If the bone becomes visible 50
If the bone is removed 50
For a hole 25
If could not be refitted after fracture. . 333-1/3
23. The Feet
If broken. 200 Dinars.
If the bone becomes visible 50
If the bone is removed l00
For a hole 50
24. Foot Fingers
For the whole of thumb 333-1/3 Dinars.
The part of the thumb which is joined to the foot if broken 66-2/3
If burst 26-2/3
If the bone becomes visible. . 8-1/3
If the bone is removed 26-2/3
For a hole 4-1/6
For dislocation 10 The upper part of the thumb having the nail if broken 16-2/3
For a burst 13-1/3
If the bone becomes visible 4-1/6
Fora hole 4-1/6
If the bone is removed 8-1/3
For dislocation 5
If wholly cut the penalty will be half of what is for the whole foot.
For nail of the thumb 30
For the part of each finger which is joined to the foot if broken 16-1/3
For a burst 13-1/3
If the bone becomes visible 4-1/6
If the bone is removed 8-1/3
For a hole 4-1/6
Penalty for the whole finger 83-1/8
For lower part of each finger if brken 16-2/3
For a burst 13-1/3
1f the bone becomes visible 4-1/6
If the bone is removed 8-1/3
For a hole 4-1/6
For dislocation 5
The middle part of the finger if broken 11-2/3
For a burst 8-4/5
If the bone becomes visible 2
If the bone is removed 5-2/3
For a hole 2-2/3
For dislocation 8
If the whole finger is cut down 55-2/3
The upper part which has the nail if broken 5-4/5
For a burst of the same 4-1/5
If the bone becomes visible 11/3
If the bone is removed 2-1/5
For a hole I-I/3
For dislocation 2-4/5
In case it is cut down 27-4/5
Penalty for each nail 10
(Wafi, & Wasael -Kitab-i-Diyyat).
25. The Tongue :
Compensation of a part of the Tongue :
It has been described in the Majmua by Ibn-i-Maizaban that a man came to Hazrat Omar, (RA) and complained to him that a man had cut a part of his tongue with the result that he could not speak properly.
Hazrat Omar (RA) found it difficult to fix the penalty for that crime. He, therefore, turned to Hazrat Ali (A) who was present at that time for a solution as to whether penalty for the whole tongue should be fixed or for the part which was cut and as to what should be the amount of the penalty ?
Hazrat Ali.(A) advised him to let the man pronounce all the alphabets. The number of the alphabets he could not pronounce or pronounced with difficulty should be deducted from the total number of the alphabets of the Arabic language and the penalty should be fixed accordingly.
26. Penalty to the Inheritors of a Murdered Man whose one Hand was already Cut
It has been reported by Kulaini who reported it from Imam Jafar Sadiq (A) and the latter reported it from 'Kitab-i-Ali' that a man murdered another man intentionally, but one hand of the murdered man was already cut either for penalty or by some one out of enmity.
Hazrat Ali (A) said that if the hand of the murdered man was cut for penalty he still stood responsible for it, but if it was cut down by some one out of enmity and as a mark of cruelty the inheritors of the murdered man should return the amount of penalty, if already received by him as penalty, to the inheritors of the murderer before murdering him. In the former case they may not pay any thing and murder the murderer for murdering their legator or alternatively they can receive full penalty in cash from the murderer for the murder .
27. A Case of Penalty with Regard to Drunkards
Four persons drank wine, quarrelled among themselves and stabbed one another with the result that two of them died on the spot and the two other who survived were wounded in the brawl. Hazrat Ali (A) ordered for eighty whips each to the wounded and also ordered them to pay the penalty to the inheritors of the deceased after deducting the penalty for their wounds. He also added that in case any of the wounded persons or both of them died then inheritors had nothing to pay to the inheritors of the murdered.
According to another report he said that the penalty was due from all the four tribes of the persons concerned. The amount of penalty which had to be paid to the wounded would however, be deducted from the total amount of penalty to be paid to the inheritors of the murdered because it was quite possible that they might have murdered each other, (Manaqib Sher Aashob: vol. 2,p.200 through Abu Turab: p. 227).
29. The Compensation with Regard to a Drowned Man
Six persons were once swimming in the Euphrates. One of them was drowned. Two of them came to Amir-ul-Momineen Hazrat Ali (A), and complained to him that the three other had drowned him, while they complained the two who had complained to him previously had themselves drowned him and were simply accusing them to save their own skin. Hazrat Ali (A) ordered that the total amount of the penalty should be shared equally by all the five of them and paid to the inheritors of the sixth man, who was drowned (Manaqib hehr Aashob: vol. 2, p. 200).
30. Four Persons who Fell Pray Prey to the Paws and Jaws of a Lion.
It has been reported by Ali bin Ibrahim Qurni on the authority of Imam Jafar Sadiq (AS) that when the Holy Prophet (SA) sent Hazrat Ali (AS) to Yeman a very extraordinary case was brought to him there which he decided wonderfully.
The residents of Yeman had dug a deep hole like a well in the ground in the vicinity of the town to corner a lion, who had become a danger for them and the herds of their cattle and the lion fell therein one night as was intended by them.The next morning a huge crowd gathered together near the deep hole to , see the lion caught therein. The crowd was willing to have a glance of the lion before everyone else with the result that the first man who was ahead fell in the hole. He caught another man behind him to save himself from falling in the hole and escape the jaws of the lion caught therein. The second man in turn caught hold of another one behind him and similarly the 3rd one also caught hold of another for the same purpose resulting in the fall of all the four in the deep and big hole and a prey to the angry lion.
Consequently the relations of the first man demanded penalty from the relations of the second man and those of the second from those of the third and similarly those of the third man from the relations of the fourth man and all of them put the blame on the other turn by turn.
As the matter could not be decided by argument they were about to decide it by swords. Then some one among them said:
Let us go to Hazrat Ali (A) and get the case decided by him. So they all came to Hazrat Ali (A), who decided the case as follows :-
The relations of the first man should be paid 1/4 of the penalty from the crowd, the second 1/2, the third 3/4 and the crowd should pay full penalty to the relations of the fourth one.
A part of the crowd agreed to the decision of Hazrat Ali (A), whereas others did not. Therefore, Amir ul-Momineen Hazrat Ali (A) said to them:
If you do not accept my decision unanimously let the Holy Prophet (SA) decide the case at the time of the next pilgrimage at Mecca. To this they unanimously agreed. But when the case was presented before the Holy Prophet (SA) at Mecca, and he was about to give his judgement, one of, the parties told him that it had already been decided by Hazrat Ali (A). On asking as to what decision was previously given by Hazrat Ali (A), the party informed the Holy Prophet (SA) of the decision given by Hazrat Ali (A) to which the Holy Prophet (SA) said that it was the only righteous decision which could be given in the case.
According to some other report the Holy Prophet (SA) had said that the decision given by Hazrat Ali (A) was the one commanded by Allah. (Zakhair-ul-Uqba: p. 84; Manaqib Shehr Ashob: vol. 2, p. 176).
Kulaini has also reported this with some difference.
Explanation
There were four causes of the death of the first man: The push of the pressure of the crowd and the fall of the three other persons on him, But had he not pulled the second man, he and the other two would not have fallen on him. Thus he was himself responsible for Ύ cause of his death, hence Ό of the penalty. Similarly the causes of the second man were three: the push of the crowd and the fall of two persons on him, hence Ύ of the penalty. The causes of the death of the third person being two, i.e. the push or pressure by the crowd and the pull by the second man, hence the amount of penalty ordered to be paid to him was fixed at ½ .
The cause of the death of the fourth and the last man was only the push or the pressure of the crowd and in view of the fact that he did not pull any body, the crowd and only the crowd was , responsible for his death. He therefore, deserved full penalty.
It may, however, be argued that the crowd was responsible for the death of all the four persons why then a part of the penalty should be deducted proportionately from the full amount of penalty due to each of them. The answer is that the first and the two other persons had on their parts created a cause for their deaths while the fourth had not. Therefore, the amount of responsibility for the cause of death rested proportionately on
their own shoulders, hence the proportionate deduction. The fourth has no such cause except the push or the pressure of the.v crowd. Therefore, his relations were duly ordered to be paid full amount of the penalty of his death.
31. The Three Acrobat Girls
Ali bin Ibrahim Qurni has reported in Ajaebul Ahkam that a young girl was playing with some of her play-mates. She ascended the shoulders of one of her play-mates during the play. Another girl among them pinched the girl on whose shoulders the first girl has ascended. She jumped up and threw the girl on her shoulders on the ground. Unfortunately, the girl who fell on the ground could not survive the hurt.
When the case was brought to Hazrat Ali (A), he ordered :
The penalty should be divided into three equal parts. The first part should be paid by the one who threw the girl and the second part should be paid by the girl who pinched the girl who had the deceased on her shoulders and threw her on account of her pinch.
As for the third part none owed it to the parents of the girl, because she had herself ascended on the shoulder of her play-mate out of fondness of the acrobatic feats.
(Irshad Mufid; Manaqib Shehr Ashob: vol. 2, p. l77; Nasikhut Tawarikh: vol. 2 p. 730).
32. Compensation for Hurt or Death by Quadrupads
Hazrat Ali (A) also declared: If some one is hurt and dies by the fore legs of a quadrupad the owner is responsible to pay the penalty, if by the hind he is not. In case the animal is teased or hit by anyone, the one who teases or hits him is responsible for the penalty.
33. Orders in Case of Dog -Bite:
Amir-ul-Momineen Ali (A) decided the cases of dog-bites as follows :-
I. The owner is responsible for paying the penalty to the person concerned if his dog bites some one during day time, if at night he is not, because he has the right for the safety of self and the safe-guard of his property by keeping a dog and unchaining him at night. (Wafi vol.3 p. 126).
2. He (A) also declared that if anyone enters the house of the owner of the dog with his permission he is responsible for the bite and the penalty, therefore, is due from him. (Wasael : Wafi, vol. 2I, p. 125).
34. Compensation for Loss by Grazing or Trampling by the Quadrupeds
If some farmer sustained a loss by grazing or trampling of his crops by the quadrupeds of another at day he (A.S) did not hold the owner of the quadruped responsible for it and get the farmer compensated therefor. But if such a case occurred at night, he held the owner of the quadruped responsible for it, his plea being that the night is meant for rest and the owner of the crop is not responsible for keeping watch over his farms then.
He, therefore, ordered the owners of the quadruped to take care of them at night and compensate the one who had sustained any loss by his carelessness. (Wasael: vol. 3,
p. 493).
35. Cases of Trampling under the Feet of a Crowd and Loss of Life Thereby
Hazrat Ali (A) declared that in case some person is trampled and killed and the one who trampled and killed him is not traceable the relations of the deceased should be compensated by the Government Treasury. (Wafi, vol. 3. p. 124).
36. Mistake in Judgement
If some one was sentenced to death by mistake and under the circumstances beyond the control of a Qazi (Judge) and it was later proved that the sentence awarded was wrong, the amount of penalty for the death of the deceased was paid to his inheritors from Govt. treasury under the orders of Hazrat Ali (A).
(Wafi, vol. 2I, p. 127).
37. Penalty for the Eye of a Horse
Some one hit the eye of a horse. Hazrat Ali (A) ordered the accused to pay 1/4 of the price of the horse to the owner. The price was calculated at the prevailing rates on the day
when the horse had lost its eye. (Wafi, vol. 2I, p. 130).
38. Compensation for a Pig
A Muslim killed the pig owned by some Christian. Hazrat Ali (A) ordered the Muslim to pay the penalty therefor to the owner of the pig.
