How are the shares of compensation distributed among the guardians of victims when multiple distinct assaults occur sequentially?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
When a perpetrator commits multiple assaults sequentially, the compensation due is divided among the guardians of the victims according to their proportionate shares. This view is held by Al-Hasan, Hammad, Rabi'ah, Ashab al-Ra'y (the Hanafi school), and Al-Shafi'i. The basis for this ruling is that all parties equalized in the cause for the right to attachment, meaning they share equally in the entitlement, just as if the assaults occurred simultaneously. Furthermore, if one were to be prioritized, the first victim should have precedence because their right is established earlier. The analogy to property ownership is invalid because the right of the injured party is stronger. This strength is evidenced by the fact that if both rights (injury compensation and ownership rights) arose simultaneously, the right of the injured party would be prioritized. Additionally, the right of the injured party is established without the consent of its owner as compensation, whereas the owner's right is established through consent or without compensation, thus creating a distinction.
Supporting text
It is narrated from Shurayh that the compensation is granted to the last claimant. Al-Sha'bi and Qatadah share this view. Their reasoning is that the subsequent assault was committed against a subject whose right was already established, giving precedence to the claimant whose right was established later, similar to an assault on property that has not yet been seized. Shurayh also stipulated regarding a slave who injured one person, then another, then a third: the slave is handed over to the first claimant unless their master redeems him, then handed to the second, unless the middle claimant redeems him.