Does the liability change if the rightful heir (Wali) executes the penalty instead of the judge?
General Chapter
Al-Mughni
Book of Judicial Rulings
Primary text
If the rightful heir executes the penalty, the ruling is the same as if the judge executed it, because the judge authorized and enabled the heir to do so. The heir claims the execution was of their right.
Supporting text
If the heir receives the property rightfully adjudged to them, then the liability should fall on the heir, similar to when a judge rules for a property that the claimant then collects, and later the witnesses' immorality is revealed. However, in this case, nothing lawfully held by the defendant passed to the heir's possession; rather, something was destroyed through the Imam's error and authorization, thus distinguishing this situation.