English translation
4564. Abū Dāwūd said: I found it in my book from Shaibān, but I did not hear it from him. And was narrated to us by Abū Bakr - a trustworthy companion of ours - who said: "Shaibān narrated to us: 'Muḥammad, meaning Ibn Rāshid, narrated to us from Sulaimān, meaning Ibn Mūsā, from 'Amr bin Shu'aib, from his father, that his grandfather said: 'The Messenger of Allāh ﷺ fixed the Diyah for accidental killing for townspeople at four hundred Dinars or its equivalent in silver, and he fixed it according to the price of camels. If they became expensive, he raised the amount of Diyah, and if they became cheap he lowered the amount. At the time of the Messenger of Allāh ﷺ their price reached between four hundred and eight hundred Dinars, or its equivalent in silver, eight thousand Dirhams. And the Messenger of Allāh ﷺ ruled that for people who kept cattle, the Diyah was two hundred cows. For those whose Diyah was to be paid in sheep, it was two thousand sheep. The Messenger of Allāh ﷺ said: "The Diyah is something to be inherited among the heirs of the slain, according to their relationship, and whatever is left over goes to the ʿAṣabah (agnates; male relatives on the father's side)." And the Messenger of Allāh ﷺ ruled that in the event of the nose being cut off completely, the full Diyah was to be given, and if the tip of the nose was cut off, half of the Diyah was to be given, fifty camels or their equivalent in gold or silver, or one hundred cows, or one thousand sheep. If the hand was cut off, half of the Diyah was to be given, and if the foot was cut off, half of the Diyah was to be given. In the case of a deep wound to the head (that reaches the membrane surrounding the brain), one third of the Diyah was to be given, thirty-three camels, or its equivalent in gold, silver, cattle or sheep. In the event of a deep stab wound, the same amount was to be given. In the case of fingers, for each finger (the Diyah was) ten camels, and in the case of teeth, for each tooth (the Diyah was) five camels. The Messenger of Allāh ﷺ ruled that if the Diyah is imposed on a woman, it is to be paid by her ʿAṣabah (male relatives on her father's side), who would not inherit anything from her except that which was left over from her estate. If a woman was killed then her Diyah was to be shared among her heirs, and they could execute the killer. The Messenger of Allāh ﷺ said: "The killer gets nothing, and if he has no heir, then his heir is the closest of people to him, and the killer does not inherit anything." Muḥammad said: "All of this was narrated to me by Sulaimān bin Mūsā from ʿAmr bin Shuʿaib, from his father, from his grandfather from the Prophet ﷺ." Abū Dāwūd said: Muḥammad bin Rāshid was one of the people of Damascus, who fled to Al-Baṣrah for fear of being killed.