The avenger of blood may not demit his duty until some member of the other tribe has been killed. If a thief has been killed for his theft, blood may be taken for his death. But when that one other life is taken, the matter is considered settled; it is not carried on as a feud.
For a life taken by accident, a life is not required; but some penalty must be paid, e. g., a woman may be given as a wife. But, practically, in former times it was not admitted that “accidents” occurred; any misfortune was adjudged a fault.
Formerly even the plea of self-defence was not accepted. Even idiotic or otherwise irresponsible persons were held responsible, though sometimes they were ransomed by payment of a woman and goods.
At present blood is not always required, but formerly no money would have been accepted as a sufficient penalty. A man would have been despised for accepting it. There was no way of settlement except by bloodshed,—a life for a life,—except that, for the life of a woman, a woman and goods of a certain amount and kind might be accepted. When a woman was thus given for a murdered one, the living woman must not be old, but one capable of bearing children. Among the acceptable goods were sheep, goats, and pottery.
A wound or a broken limb is paid for in goods. These must come not solely from him who caused the injury; his family, as fellow offenders, must assist in paying.
The man who obtains the woman who is given for a woman killed, retains with her also part of the goods given with her, and part he shares with the family of the murdered one. If, in giving a woman for a murdered one, the offending family is unable to furnish also the required goods, they must sell another of their women in order to obtain those goods. The point is that they must give a woman and goods; two women will not suffice.
The ceremonies in settlement of a blood-feud are as follows: The woman is paid in presence of both parties; then the goods are given, counted, and received. Then both parties retire. In the course of a week the parties receiving the woman and the goods call the other party, and produce a goat and kill it in their presence. It is divided equally, and given half to each party; and the feud is settled, as by a covenant of peace, over the divided goat (Gen. xv. 10). The woman thus given in settlement will be married to some one.
The customs in her marriage are the same as for any other woman. Subsequently those who paid her as a fine may come and ask a portion of goods for her as a wife. Not that they have any claim on her as their daughter; but the man who has married her will give the goods they ask for, under the common belief that, unless he does so, the children born by her will die early, or at least will not come to years of maturity.
All misdeeds and offences, even capital ones, may be condoned by a fine in goods, excepting only the murder of a man. This murderer must forfeit his life. These fines are paid with foreign goods, each offence having its own regulation price as a punishment.
In general, the punishment for an injury is the same, whether the injured one be rich or poor. A man’s “majawe” are held responsible if he refuses to make restitution. If they also refuse, the offended party await a suitable opportunity, and then seize some one and hold him as a hostage until he is redeemed, for the price of the original offence, every mite of it being then exacted.