What is the ruling when a reconciliation (sulh) concerning Qisas (retaliation) is made involving the transfer of a known free person or a slave known to be deserving of such status?

General Chapter

Al-Mughni

Book of Settlement

Book 16 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a reconciliation is made concerning Qisas, where one party transfers ownership of a known free person (hurr) or a slave known to be rightfully possessed (mustahaqq), or if such a transaction is made as a settlement for something other than Qisas, the injured party has the right to the blood money (diyah) and the thing for which the reconciliation was originally made. This is because the reconciliation in this context is void (batil) due to the mutual knowledge of its invalidity, rendering its existence equivalent to non-existence.