Is it permissible to take collateral for the blood money (*diyah*) owed by the *aqilah* (relatives responsible for paying blood money) before the passage of one year?

Chapter on Guaranteed Salaf (Advance Payment) for a Specified Term

Al-Mughni

Book of Sales

Book 12 · Issue 2 · Bab 6

Open in Qurani

Primary text

It is not permissible to take collateral for the *diyah* owed by the *aqilah* before one year has passed because the debt has not yet become fully established, nor is it certain that it will become due. If the responsible parties were to become insane, destitute, or die, the obligation might not fall upon them. Therefore, taking security for it is invalid.

Supporting text

It is permissible to take collateral for the *diyah* after one year has passed because the obligation has become fixed in their liability. An alternative view suggests it might be permissible even before the year passes, based on the presumption of continued life, solvency, and sanity.