A Dictionary of Islam Being a cyclopedia of the...

readily be obtained). Where, therefore, a person thus slays another, the blood of the slain is of no account. If a lunatic draw a sword upon a person, and the person slay him, the fine of blood is due from his property, and does not fall upon his Akilas (ʿĀqilah). Ash-Shāfiʿī maintains that nothing whatever is incurred in this instance. In the same manner, also, if an infant draw a sword and make an attack upon a person, or if an animal attack anyone, and the person so attacked slay the infant, or the animal, a fine is due on account of the infant, or the value on account of the animal, according to Abū Ḥanīfah, but not according to ash-Shāfiʿī.

“If a person draw a sword upon another, and strike him, and then go away, and the person struck, or any other, afterwards kill this person, he is liable to retaliation. This is where the striker retires in such a way as indicates that he will not strike again, for as, upon his so retiring, he no longer continues an assailant, and the protection of his blood (which had been forfeited by the assault) reverts, retaliation is consequently incurred by killing him.

“If a person come in the night to a stranger, and carry off his goods by theft, and the owner of the goods follow and slay him, nothing whatever is incurred, the Prophet having said, ‘Ye may kill in preservation of your property.’ It is to be observed, however, that this is only where the owner cannot recover his property but by killing the thief; for if he know that upon his calling out the thief would relinquish the goods, and he notwithstanding neglect calling out, and slay him, retaliation is incurred upon him, since he in this case slays the person unrighteously.” (Hidāyah, vol. iv. p. 291.)

Sir William Muir writes (Life of Mahomet, new ed. p. 309): “The captives of the Bani Mustalick having been carried to Medîna with the rest of the booty, men from their tribe soon arrived to make terms for their release. One of them was Juweiria, a damsel about twenty years of age, full of grace and beauty, the daughter of a chief, and married to one of her own tribe. She fell to the lot of a citizen, who, taking advantage of her rank and comeliness, fixed her ransom at nine ounces of gold. Despairing to raise so large a sum, she ventured into the presence of the Prophet, while seated in the apartment of Ayesha, and pleaded for some remission of the heavy price demanded for her freedom. Ayesha no sooner saw that she was fair to look upon, and of a sprightly winning carriage, than her jealousy prognosticated what was about to come to pass. Mahomet listened to her supplications. ‘Wilt thou hearken,’ he said, ‘to something better than that thou askest of me?’ Surprised by his gentle accents, she inquired what that might be: ‘Even that I should pay thy ransom, and marry thee myself!’ The damsel forthwith expressed her consent, the ransom was paid, and Mahomet, taking her at once to wife, built a seventh house for her reception. As soon as the marriage was noised abroad, the people said that the Bani Mustalick having now become their relatives, they would let the rest of the prisoners go free as Juweiria’s dower; ‘and thus no woman,’ said Ayesha, telling the story in after days, ‘was ever a greater blessing to her people than this Juweiria.’ ”