What happens to the Diyah owed to the heirs of the first victim if the second killer is executed or pardoned?
General Chapter
Al-Mughni
Book of Wounds
Primary text
If the heirs of the second victim pardon the second killer in exchange for Diyah, they take that Diyah and remit it to the heirs of the first victim. If the first perpetrator had outstanding debts, the received Diyah is added to the rest of his estate, and the heirs of the first victim share in his estate and Diyah proportionately with other creditors. If the heirs of the second victim transfer the obligation of the Diyah owed to the first victim's heirs onto the second killer, the transfer of liability (Huwalah) is valid.
Supporting text
It can be derived that the Diyah of the first victim may be obligatory upon the killer of his killer from the outset because he destroyed the venue of the heirs' right, making him liable for its compensation, as if he killed a slave who committed a crime. If the intentional killer dies, Diyah is due from his estate, according to Al-Shafi'i.