If the Diyya liability is placed upon the judge's 'Aqilah, what portion do they cover, and what about the Kaffarah (expiation)?

General Chapter

Al-Mughni

Book of Judicial Rulings

Book 64 · Issue 4 · Bab 1

Open in Qurani

Primary text

If the Diyya is assigned to the 'Aqilah, they are only responsible for covering one-third or more of the amount. The 'Aqilah does not bear the Kaffarah in cases of error, which is universally agreed upon, meaning the Kaffarah must be paid from the judge's personal wealth.

Supporting text

If the Diyya is assigned to the Bayt al-Mal, it should cover both small and large amounts, as the primary reason for assigning it to the treasury is to mitigate hardship resulting from the frequent errors made by the representative, regardless of the severity of the specific error.