What is the ruling if the heirs of the perpetrator transfer the liability for the Muwakkil's Diyah to the Wakeel via settlement?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
If the heirs of the perpetrator transfer the Muwakkil's claim (Diyah owed to the victim's heir) to the Wakeel, this transaction is valid. If the perpetrator was worth less Diyah (e.g., a woman killed a man), the heirs may transfer the Muwakkil's Diyah claim to the Wakeel. This extinguishes the liability for both the Wakeel and the Muwakkil regarding that specific Diyah. The Muwakkil then recoups from the perpetrator's heirs half the Diyah owed for his own victim.
Supporting text
If the perpetrator was a man who killed a woman, the perpetrator's heirs can transfer the Muwakkil's claim for the woman's Diyah to the Wakeel, since the Muwakkil is not entitled to more than that amount from them. They then pursue the Wakeel for half the Diyah of the perpetrator, which the Wakeel then recoups from the Muwakkil.