What is the ruling regarding the liability for blood money (Arsh) if the offense committed was unintentional (Khata') after confessing to being a slave?
General Chapter
Al-Mughni
Book of Foundlings
Primary text
If the offense was unintentional, the Arsh attaches to the perpetrator's neck because this is detrimental to him. If the Arsh exceeds his value and he possesses wealth, it is exacted from his property. If the Arsh is one normally borne by the 'Aqilah (blood-paying relatives), the perpetrator's claim to nullify the excess amount is not accepted because this would harm the victim, thus his statement regarding its nullification is rejected.
Supporting text
It has been held that the excess amount is incumbent upon the public treasury (Bayt al-Mal) because this was rightfully due to the victim, and thus the perpetrator's statement nullifying it is not accepted.