Who is legally liable ('Aql) for blood money (Diyya)?

General Chapter

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 1 · Bab 1

Open in Qurani

Primary text

Legal liability for blood money does not extend to one who is not part of the 'Asaba (agnatic kinsmen). Furthermore, a freed slave (Mawla) who is lower in status ('asfal) does not incur liability for his master's blood money. This view is held by Abu Hanifa and the companions of Malik. The basis for this ruling is that the person in question is neither an 'Asaba to the deceased nor an heir, and therefore, cannot be held liable, similar to a non-related person ('Ajnabi). The analogies suggesting liability (such as those involving two brothers) are invalidated by counterexamples: a male compared to a female, an adult compared to a minor, and a sane person compared to an insane one.

Supporting text

Al-Shafi'i, according to one of his two established opinions, holds that the lower-status freed slave ('Asfal) is liable because they are two individuals, and one can be legally responsible for the other, akin to two brothers.