Is a person liable for death or loss of sanity resulting from terrifying another person with a drawn sword?

General Chapter

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 1 · Bab 1

Open in Qurani

Primary text

Liability for death or loss of sanity resulting from terrifying another person with a drawn sword, or pushing them from a height where death or insanity ensues purely from the terror, is established. The perpetrator owes the *diyyah* (blood money). This liability is borne by the *aqilah* (kinsmen responsible for blood money). If this action was intentional, it is considered quasi-intentional homicide (*shibh 'amd*); otherwise, it is considered accidental error (*khaṭa'*). The rationale is that the perpetrator created the cause for the destruction, thus they are held responsible, analogous to the case of a child.

Supporting text

Al-Shafi'i agrees regarding the case involving a child, but holds two opinions concerning the liability when the victim is a mature adult.