Is Diyah (blood money) liability waived if a member of the 'Aqilah (guarantor group) dies, becomes bankrupt, or insane before the lapse of one lunar year (al-hawl)?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
If a member of the 'Aqilah dies, becomes bankrupt, or insane before the lapse of one lunar year, nothing is due from them. This ruling is established without known dispute because this liability is money owed at the end of the year as a form of mutual support, similar to Zakah. If these conditions occur after the year has passed, the obligation is not dropped. This is the position of Al-Shafi'i. The evidence for this is that since the liability is a right that permits substitution (niyabah), the liable person cannot remove it during their lifetime, which resembles debts. It differs from the situation before the year passed because the obligation had not yet been established, and the condition of liability had not persisted until the time of obligation.
Supporting text
Abu Hanifah holds that the obligation is dropped upon death because the individual has exited the capacity for obligation, similar to dying before the year passed. A counter-argument states that since the obligation is a right admitting substitution, the liable party cannot negate it while alive, resembling debts.