What is the legal ruling regarding assuming financial responsibility (Himalah) for reconciliation purposes?
General Chapter
Al-Mughni
Book of Deposits
Primary text
Assuming financial responsibility (Himalah, meaning bearing the cost of blood money or reparations) for the sake of reconciling disputes between conflicting parties, even if the individual is wealthy, is permissible and grants them a share in the Sadaqah funds. This practice was known among the Arabs, where a person would undertake the liability and then seek aid from tribes until repayment. The Sacred Law permitted asking for charity for this specific purpose because of the necessity of extinguishing strife and conflict, making it analogous to those who receive Zakat for public benefit, such as the Mujahid (warrior), Mu'allaf (those whose hearts are to be reconciled), and the administrator (Amil).
Supporting text
If a person incurs a debt for personal benefit, they are treated like a normal poor person, and their receiving Zakat is contingent upon their actual need and inability to pay, contrasting with the Himmalah whose need is related to public benefit.