Chapter on Retaliation (qisas) and the Amount of Blood Money (diyyah)

I asked Abu Abdullah (as) about a man who was struck with a stick and was not released until he was killed. Should the killer be handed over to the heirs of the slain? Imam (as) said: "Yes, but he should not be left for them to abuse; rather, retribution should be carried out upon him."

"I asked Imam (as) about accidental killing (khata) for which blood money (diyyah) and expiation (kaffarah) are required - would this include a man who strikes another without intending to kill him? Imam (as) replied: "Yes." I then asked: "What if he throws something and it hits a man?" Imam (as) said: "That is unquestionably accidental killing, and it requires both expiation and blood money."

I heard Abu Abdullah (as) say that the Commander of the Faithful (as) said: "In the case of accidental killing resembling intentional killing (khaṭaʾ shibh Al-Amd), such as when someone is killed with a whip, a stone, or a stick, the blood money (diyyah) is made more severe. It is one hundred camels, among which are forty pregnant camels between the second and fourth year, thirty mature she-camels (hiqqah), and thirty young she-camels (ibnat labun). For unintentional accidental killing (khaṭaʾ), the blood money is thirty mature she-camels (hiqqah), thirty young she-camels (ibnat labun), twenty one-year-old she-camels (ibnat makhaḍ), and twenty male young camels (ibn labun). The value of each camel in silver is one hundred and twenty dirhams or ten dinars. In sheep, the value of each camel is equivalent to twenty sheep."

Hadith.5197 - Muawiyah ibn Wahb asked Abu Abdullah (as) about the blood money (diyyah) for intentional killing. Imam (as) said: "It is one hundred mature male camels. If they are not available, then for each camel, twenty mature male sheep are to be given in its place."

Hadith.5199 - Sulayman ibn Khalid asked Abu Abdullah (as) about a man who hired a wet nurse and entrusted his child to her. While the child was with her, the wet nurse went and hired another woman to care for the child. This second wet nurse then disappeared with the child, and it became unknown what happened to the child, and the original wet nurse could not be held accountable. Imam (as) said: "The full blood money (diyyah) must be paid."

I asked Abu Abdullah (as) about a man who was found murdered. Two men came to guardian of the victim; one of them said: "I killed him intentionally," and other said: "I killed him by mistake." Imam (as) said: "If the guardian accepts the statement of the one who confessed to intentional killing, then he has no claim against the one who confessed to accidental killing. And if he accepts the statement of the one who confessed to accidental killing, then he has no claim against the one who confessed to intentional killing."

I heard Ibn Abi Layla say, "In the pre-Islamic era, the blood money (diyyah) was one hundred camels, and the Messenger of Allah (swt) (peace be upon him and his family) affirmed it. Then he imposed on the people of cattle two hundred cows, on the people of sheep one thousand sheep, and on the people of garments one hundred garments." Abd Al-Rahman said: 'I asked Abu Abdullah (as) about what Ibn Abi Layla narrated, and Imam (as) said: "Imam Ali ibn Abi Talib (as) used to say: 'The blood money is one thousand dinars, and the value of a dinar is ten dirhams. For the people of gold, it is one thousand dinars; for the people of silver, it is ten thousand dirhams; for the people of the cities, it is ten thousand; for the people of the deserts, the blood money is one hundred camels; and for the people of the villages, it is two hundred cows or one thousand sheep.'"

Hadith.5202 - Kulayb ibn Muawiyah heard Abu Abdullah Imam Al-Sadiq (as) say: "Whoever kills during a sacred month (haram month) is liable for the full blood money (diyyah) plus one-third."

I heard Abu Jafar Imam Muhammad ibn Ali Al-Baqir (as) say, "If a man kills during a sacred month (haram month), he must fast for two consecutive months from the sacred months."

I asked Abu Abdullah (as) about a man who intentionally killed a Muslim man, but the murdered man had no heirs among the Muslims, only relatives from the People of the Book (Ahl Al-Dhimmah) from his family. Imam (as) said: "It is upon the Imam to offer Islam to his non-Muslim relatives. Whoever among them accepts Islam becomes his heir, and the killer is handed over to him. If he wishes, he may kill him, or if he wishes, he may forgive him, or if he wishes, he may take the blood money (diyyah). If none of his relatives accept Islam, then the Imam becomes responsible for his case. If the Imam wishes, he may execute the killer, or if he wishes, he may take the blood money and deposit it in the public treasury (Bayt Al-Mal) of the Muslims because the responsibility of protecting the murdered person was upon Imam, and likewise, his blood money belongs to Imam of Muslims." I asked: "What if the Imam forgives the killer?" Imam (as) replied: "It is a right belonging to all Muslims. The Imam must either execute the killer or take the blood money, but he does not have the right to pardon."