Is the blood money (*diyah*) for a person with no *aqilah* to be paid from the public treasury (*bayt al-mal*)?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
There are two narrations regarding this issue. The first is that it shall be paid from the public treasury, which is the established view of Al-Zuhri and Al-Shafi'i. Evidence includes the Prophet (peace be upon him) paying the *diyah* for an Ansari killed in Khaybar from the treasury, and the narration that Ali advised Umar to pay the *diyah* of an unknown killer from the treasury to prevent the blood of a Muslim from being wasted. Furthermore, Muslims inherit from those who have no heirs, thus they should assume liability on their behalf in the absence of an *aqilah*, similar to their *asabat* (agnatic kin) and patrons.
Supporting text
The second view is that it is not obligatory to pay from the public treasury because it contains the rights of women, children, the insane, and the poor, upon whom no *aqilah* liability rests, making its disbursement impermissible for something not incumbent upon them. Moreover, *aqilah* liability rests upon the *asabat*, and the public treasury is not an *asabah* nor is it equivalent to one. The case of the Ansari victim is not conclusive because that victim was killed by Jews, and the treasury does not pay *aqilah* for disbelievers; the Prophet's payment was an act of favor. The argument that Muslims inherit is countered by stating that disbursement from the treasury is *fay'* (spoils/public revenue), not inheritance, as the wealth of a non-Muslim subject (*dhimmi*) without heirs goes to the treasury, not the Muslim heirs.