If more than three individuals jointly cause a death, how is the *diyya* paid?

General Chapter

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 12 · Bab 1

Open in Qurani

Primary text

If there are more than three, the *diyya* is due immediately from their personal wealth, whether the victim was one of them or an outsider. If the victim was one of them, his action in causing his own death is disregarded (*hadr*), as nothing is due from him to himself, and the remainder of the *diyya* is due immediately from his partners, because deferral in *diyya* is only for amounts borne by the *aqilah*, and amounts less than a third are not borne by the *aqilah*.

Supporting text

Another narration from Abu Bakr suggests the *aqilah* bears it because the injury stems from a single act leading to a *diyya* exceeding one-third. The correct view is the former because each individual is exclusively liable for the consequence of his own act, not his partners' acts, and the *aqilah*'s liability is intended for relief from severe burdens, and amounts less than a third are minor. The act is not considered singular, but multiple acts, as each person's action differs from the others, even if the resulting total liability is singular.