What is the required financial obligation when intercourse results in an injury (Iffa) to a female who cannot sustain it?

Chapter on Diyat (Blood Money) for Wounds

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 4 · Bab 2

Open in Qurani

Primary text

If the guarantee is established, the specified Mahr (dowry) in the marriage contract is due, along with the penalty (Arsh) for the injury. The penalty for the injury is borne by the perpetrator's personal wealth if the act was intentional (amd mahd), meaning he knew she could not endure it and that his intercourse would cause the rupture. If he did not know this, and it was an instance where it was probable that it would not lead to rupture, it is considered an erroneous intent (amd al-khata'), and the financial burden falls upon his 'Aqilah (kinsmen responsible for blood money), unless one holds the view that the 'Aqilah does not bear the liability of erroneous intent, in which case it falls upon his personal wealth.