Is the blood money established by a perpetrator's confession due immediately from his own wealth?

General Chapter

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 4 · Bab 1

Open in Qurani

Primary text

If the liability is established, the amount acknowledged is incumbent upon the perpetrator, and the *diyah* is due immediately from his own wealth, according to the majority opinion. The justification is that the liability stems from his own confession of an injury requiring property, and since the *aqilah* responsibility is removed in cases where the majority agrees that the *aqilah* is not responsible (like in *Janaayat* of an apostate), the liability falls directly upon the perpetrator.

Supporting text

Abu Thawr and Ibn 'Abd Al-Hakam argue that nothing is incumbent upon him and his confession is void because he is confessing on behalf of another, not himself, and the basis for his confession is not established, rendering it void, similar to confessing a killing by another person.