What are the liabilities for three individuals who jointly strike a woman, causing the death of one of them by the projectile?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
The *aqilah* of each individual is liable for one-third of the *diyya*, and each individual must free a believing slave from his personal wealth. The obligation of freeing a slave upon each is undisputed because each participated in the fatal injury to a protected human being, and *kaffarah* is indivisible, thus complete for each person. If they strike one of their own, the *diyya* is divided equally among their *aqilahs* because the *aqilah* bears a third or more, regardless of whether they intended to strike one specific person or a group.
Supporting text
If they did not intend to kill a protected human being, it is unintentional killing (*khaṭa’*), and the *diyya* is that of *khaṭa’*. If they intended one specific person or the group, it is treated as quasi-intentional killing (*shibh 'amd*), making the *diyya* heavier upon the *aqilah* but paid over three years. Abu Bakr's view is that the *aqilah* does not bear *diyya* for *shibh 'amd*. If they strike one of their own, each owes a *kaffarah*, and the liability does not lapse for the one struck because he participated in killing a believer. The *diyya* has three views: first, each *aqilah* owes one-third of the *diyya* to the heirs because each participated in the unintentional killing; second, the portion corresponding to the victim's action is forfeited as he participated in destroying his own right; third, the victim's action is disregarded, and the full *diyya* is incumbent upon the *aqilahs* of the others in halves, analogous to the ruling for mutually colliding parties.