Who bears the liability for the blood money (Diyya) in cases of accidental killing?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
The liability for the blood money concerning accidental killing rests solely upon the 'Aqilah (the male paternal kin group of the killer). There is no known dispute among the scholars regarding this ruling, as affirmed by Ibn al-Mundhir. This ruling is established through authenticated narrations from the Messenger of Allah, peace be upon him, who ruled that the 'Aqilah must bear the Diyya for accidental killing. The wisdom behind this ruling is that accidental killings are numerous, and the full Diyya is a significant sum. Imposing the entire burden on the individual perpetrator's wealth would cause them undue hardship. Therefore, the Divine Wisdom necessitates imposing it upon the 'Aqilah as a form of consolation and support for the killer, given that the killer is excused in the act itself, while the killer alone remains responsible for the expiation (Kaffarah).