Is the obligation of restitution upon the accessory in cases of highway robbery?

General Chapter

Al-Mughni

Book of Highway Robbers

Book 52 · Issue 2 · Bab 1

Open in Qurani

Primary text

Restitution is obligatory only upon the direct taker of the property and not upon any accessory or helper, even if the highway robbers repent before being apprehended and the rights of the people (such as retaliation or restitution) become attached to them. This is because restitution pertains only to the direct actor, similar to how it applies in cases of theft.