Is reconciliation money (*ṣulḥ*) resulting from an intentional killing borne by the *aqilah*?

General Chapter

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 2 · Bab 1

Open in Qurani

Primary text

If a person commits an intentional killing and then reconciles with the claimant by accepting a payment, the *aqilah* does not bear this payment. This is because the liability is established through the choice and reconciliation of the perpetrator, similar to a liability established by confession. Reconciliation in the context of intentional homicide (diverting it to blood money) is also not borne by the *aqilah*. Ibn Abbas, Al-Zuhri, Al-Sha'bi, Al-Thawri, Al-Layth, and Al-Shafi'i hold this view. If it were borne by the *aqilah*, it would lead to the perpetrator settling a liability using another person's wealth and imposing a right upon them through their statement.

Supporting text

The view of Al-Qadi is that reconciliation means the claimant settles for blood money due to intentional killing. The former interpretation is preferable because the act itself is intentional, making a separate mention of reconciliation unnecessary.