What is the prescribed blood money for a Magian (Majusi)?

General Chapter

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 3 · Bab 1

Open in Qurani

Primary text

The ruling adopted by many companions, including Umar, Uthman, and Ibn Mas'ud, along with Sa'id ibn al-Musayyab, Sulayman ibn Yasar, 'Ata', 'Ikrimah, al-Hasan, Malik, al-Shafi'i, and Ishaq, is that the blood money for a Magian is the minimum amount for which there was scholarly opinion. The justification for this view is that the saying of the Prophet (peace be upon him), 'Establish for them the practice concerning the People of the Book,' refers to the taking of their poll tax (jizya) and the protection of their lives. Their slaughtering and their women are not permissible for us, and thus, they should not be equated with Muslims or the People of the Book due to the lesser status of their blood money and rulings, implying their blood money should be reduced, similar to how a woman's blood money is half that of a man's. This applies whether the Magian is a dhimmi or a musta'min because his life is protected.

Supporting text

Some scholars hold alternative views: Umar ibn 'Abd al-'Aziz stated that his blood money is half that of a Muslim, equating him to the People of the Book based on the Prophet's statement, 'Establish for them the practice concerning the People of the Book.' Al-Nakha'i, al-Sha'bi, and the Ahl al-Ra'y argue that his blood money is equal to that of a Muslim because he is a free, inviolable human being, thus resembling a Muslim.