What is the liability for a fault committed by the Imam or ruler in matters outside of legal rulings and Ijtihad (independent reasoning)?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
The liability for a fault committed by the Imam or ruler in matters outside of formal rulings and independent legal reasoning falls upon his 'aqilah (blood relatives responsible for blood money). This is without dispute if the fault is of a type covered by the 'aqilah. Supporting this is the report concerning Umar (may Allah be pleased with him) who sent for a woman accused of wrongdoing, causing her to miscarry, and then commanded Ali not to leave until he apportioned the liability among his people. Furthermore, since the Imam is a perpetrator, his fault should fall upon his 'aqilah like others.
Supporting text
There are two differing narrations regarding faults arising from his judicial decisions and Ijtihad. The second narration states that the liability rests with the public treasury (Bayt al-Mal). This is the established view of Al-Awza'i, Al-Thawri, Abu Hanifa, and Ishaq, because errors are frequent in his judgments, and imposing liability on his 'aqilah would unduly burden them. Moreover, since he is a deputy representing God Almighty in his rulings and actions, the indemnity for his transgression should come from the wealth of God (Exalted and Glorified).