What is the ruling when an abandoned infant commits a crime not covered by the 'Aql (e.g., intentional homicide)?

General Chapter

Al-Mughni

Book of Foundlings

Book 30 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the abandoned infant commits a crime that does not involve the liability of the 'Aql, his ruling is different from the previous case. If the crime necessitates retaliation (Qisas) and the infant is an adult capable of reasoning, retaliation is executed upon him. If the crime necessitates financial compensation (Mal) and the infant possesses wealth, the compensation is extracted from his assets. If he has no wealth, the liability remains against his estate until he becomes solvent.