Is a person liable for the death of another or the destruction of their animal if they take the victim's food or drink in a wilderness where no other sustenance is available?

General Chapter

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 1 · Bab 1

Open in Qurani

Primary text

Liability for compensation (daman) is established upon the taker if the victim perishes or their animal perishes as a direct result of the deprivation. This is because the taker becomes the cause of the loss. Furthermore, if a person is compelled by necessity (iḍṭirār) to seek food or drink from another who possesses it while being non-needy, and the possessor refuses to give it, resulting in the death of the needy person, the possessor is liable for compensation. This ruling is based on the precedent set by Umar ibn al-Khattab (may Allah be pleased with him). The underlying principle is that when one is in dire need, the item becomes rightfully theirs, permitting them to take it by force; thus, withholding it constitutes causing death through that denial. Evidence supporting this includes the precedent established by Umar (RA). The apparent position attributed to Ahmad is that the compensation (diyah) falls upon the perpetrator's own wealth because this action, which often leads to death, is considered intentional.

Supporting text

Al-Qadi stated that the compensation should fall upon the perpetrator's 'aqilah (relatives responsible for blood money) because this act does not warrant retribution (qiṣāṣ), classifying it as quasi-intentional homicide (shibh al-'amd).