Who bears the diya if the father (the freed slave husband) gains his freedom after the injury occurs, but before the projectile reaches its target?

General Chapter

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the father is freed after the injury is inflicted but before the projectile strikes, or if the father is freed after the injury and before the homicide is confirmed (i.e., the projectile does not land until after manumission), then no one bears the blood money as part of the 'aqilah (blood-offering group). This is because the patrons of the mother lose their wala' over him before the homicide, and the patrons of the father did not have wala' over him at the time of the injury.

Supporting text

In such a case where no 'aqilah bears the diya, the diya is paid from the perpetrator's own wealth. However, if the value of the injury (arsh al-jurh) is an amount that the 'aqilah would individually bear, then the ruling follows the established precedent regarding that specific amount, as discussed in the preceding legal issue.