How is the Diyah (blood money) apportioned when competent and incompetent individuals jointly commit intentional homicide?

General Chapter

Al-Mughni

Book of Wounds

Book 47 · Issue 3 · Bab 1

Open in Qurani

Primary text

The Diyah is obligatory upon them in thirds, with each individual owing one-third. Diyah is a replacement for the object killed, and since the object killed is one entity, its Diyah is singular, assessed according to its value. Qisas, however, is completed individually because it is a retribution for the act, and the acts are multiple. The one-third portion incumbent upon the competent adult is due immediately from his wealth because his act was intentional, and the *Aqilah* (surety group) does not bear intentional homicide. The portion due from the minor or the insane is borne by their respective *Aqilah* because their intentional act is treated as a mistake. This amount is due over one deferred year, as any liability amounting to one-third of the Diyah has a one-year term. Each individual must also pay the *Kaffarah* (expiation) from their own wealth, as their act is considered a mistake, and the participant in a mistaken killing owes Kaffarah as it is expiation for the act, not a substitute for the victim's value.