What is the ruling when compensation is established due to a felony or by pardoning a Qisas-worthy felony?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 6 · Bab 1

Open in Qurani

Primary text

If the felony necessitates wealth, or if wealth is established by pardoning a Qisas-worthy felony, the rights of both the mortgagor and the mortgagee become attached to this compensation. It is to be taken in the prevailing currency of the locality, like the value of destroyed goods. If the mortgagor wishes to settle or accept an animal in lieu of the monetary value, it is not permissible without the mortgagee's permission, because the right belongs to both of them. Any amount received becomes a pledge in place of the original, acting as its substitute.