Muwatta Malik #1690
Blood-Money
Malik related to me, "Ibn Shihab did not
think and nor do I, that there is a generally agreed on way of doing
things regarding a piercing wound in any of the organs or limbs of the
body, but I think that there is ijtihad in the case. The imam uses
ijtihad in it, and there is no generally agreed on way of doing things
in our community about it."
Malik said, "What is done in our
community about the wound to the brain and the wound which splinters
the bone, and the wound that bares the bone is that they apply only to
the head and face. Whatever of that occurs in the body only has
ijtihad in it."
Malik said, "I do not think the lower jaw and
the nose are part of the head in their injury because they are
separate bones, and except for them the head is one bone."
About Muwatta Malik
This hadith is #1690 from Muwatta Malik, in the Book of Blood-Money. Muwatta Malik contains 1,985 hadiths across 61 books.