If the agent kills after the pardon, and the Muwakkil is liable for Diyah, what happens to the recourse claims?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
If the Muwakkil pardoned to the level of Diyah, the Diyah is taken from the estate of the perpetrator (the Wakeel), and the heirs of the perpetrator may claim his Diyah from the Wakeel. The Muwakkil has no claim against the Wakeel. This differs from a case where two brothers share the right to Qisas and one kills, where the other brother can claim half the Diyah from the killer because the first brother has forfeited his right.
Supporting text
If it is ruled that the Wakeel may seek recourse against the Muwakkil, it is suggested that both Diyahs might be waived to avoid circular payment. However, it is also held that both Diyahs are due because the Diyah owed by the Wakeel is to a party different from the one he seeks recourse from, and the amounts might differ (e.g., man versus woman killed). In this latter case, the perpetrator's heirs take their Diyah from the Wakeel, pay the Muwakkil the Diyah for his victim, and then the Muwakkil reimburses the Wakeel for what he paid.