What is the liability for multiple individuals who jointly commit a homicide if the heirs accept blood money (Diyah)?

Chapter on Retaliation (Qawad)

Al-Mughni

Book of Wounds

Book 47 · Issue 1 · Bab 2

Open in Qurani

Primary text

If a group jointly commits a homicide and the heirs accept blood money in lieu of retribution, a single Diyah is incumbent upon them collectively. This is because the Diyah is a substitute for the single life taken, which remains singular regardless of whether one or many caused the harm. The correct opinion holds that since the obligation is a substitute for the destroyed object (the life), it does not vary based on the number of destroyers.

Supporting text

A dissenting view, attributed to Ibn Abi Musa, suggests that a full Diyah is incumbent upon each individual killer because each one individually possessed the means to take the victim's life, akin to one person blinding another sound-eyed person, thus incurring a full eye Diyah.