Is blood money for accidental killing (*khaṭa'*) or quasi-intentional killing (*shibh al-ʿamd*) incumbent upon the perpetrator personally?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
Blood money for accidental killing or quasi-intentional killing is incumbent upon the perpetrator themselves, not the *aqilah*. This is the position held by Ibn Abbas, Al-Sha'bi, Al-Hasan, 'Umar ibn 'Abd Al-'Aziz, Al-Zuhri, Sulayman ibn Musa, Al-Thawri, Malik, Al-Awza'i, Al-Shafi'i, Ishaq, and the Companions of Ra'y (the Hanafi school). Evidence for this is found in the statement of Allah: {And whoever kills a believer by mistake, then [the penalty is] the freeing of a believing slave and a prescribed indemnity paid to his family} (Quran 4:92). Moreover, the perpetrator is confessing a liability that mandates money; thus, the confession is valid, similar to admitting to the destruction of property or a injury for which the *aqilah* does not bear the *diyah*.
Supporting text
A dissenting opinion held by Abu Thawr and Ibn 'Abd Al-Hakam states that nothing is incumbent upon him, and his confession is invalid because he is confessing against another party, not himself, and the basis for his liability has not been established.