[28] Koran, iv. 94. Cf. Sachau, Muhammedanisches Recht nach Schafiitischer Lehre, p. 761 sq.
[29] Hanoteau and Letourneux, La Kabylie, iii. 68 sq.
[30] Dorsey, ‘Omaha Sociology,' in Ann. Rep. Bur. Ethn. iii. 370.
[31] Deuteronomy, iv. 42. Numbers, xxxv. 11 sqq. Joshua, xx. 3 sqq.
[32] Servius, In Virgilii Bucolica, 43. Cf. von Jhering, Das Schuldmoment im römischen Privatrecht, p. 11.
Among some peoples who accept compensation even for wilful murder, the blood-price is lower if life is taken unintentionally.[33]
[33] Beverley, in Steinmetz, Rechtsverhältnisse, p. 215 (Wagogo). Dareste, Nouvelles études d’histoire du droit, p. 237 (Swanetians of the Caucasus).
According to Bowdich, “a person accidentally killing another in Ahanta, pays 5 oz. of gold to the family, and defrays the burial customs. In the case of murder, it is 20 oz. of gold and a slave; or, he and his family become the slaves of the family of the deceased.”[34] Ancient Irish law imposed an Eric fine for accidental or unintentional homicide, to be paid to the relatives of the dead man, whilst a double fine was due for homicide where anger was shown, i.e., where probably there was what we should call “malice.”[35]
[34] Bowdich, Mission from Cape Castle to Ashantee, p. 258, n. ‡.
[35] Cherry, Growth of Criminal Law in Ancient Communities, p. 22.