Explanation of a Man Who Injured Another's Head, Retaliation Was Taken, and Then He Died

Hazrat Shaibani says that when a man wounded someone, retaliation (qisas) was taken from him, which resulted in his death. Regarding this, Hazrat Sha'bi said: The compensation for the wound will first be paid from the blood money (diyat) of the deceased. Hazrat Abdullah bin Zakwan said: He will not receive anything from the blood money of the deceased.

29465 - Abdullah ibn Dhakwan said: He has no share of the blood money of the deceased.

Hazrat Mughira narrates that Ibrahim said: The amount of blood money will be reduced in proportion to the wound.

Ibrahim reports that Abdullah bin Mas'ud said: The blood money will be reduced in proportion to the wound, and he will be liable for the remaining blood money.

Hazrat Muammar states that Imam Zuhri said: If the person from whom retribution (qisas) was to be taken passes away, then in this case, the one seeking retribution will be liable for the blood money (diyat).

Ibrahim narrates that Alqamah said regarding the person from whom retribution (qisas) was being taken: Whichever of the two dies, blood money (diyah) will be paid for him.

Hazrat Hakam says that I asked Hazrat Saeed bin Jubair for permission regarding Hajj, so he asked me about a person who had injured someone’s head, and then retribution (qisas) was being taken from him for that person, but he died during this? He says: I replied, “Blood money (diyat) will be obligatory on the one taking retribution, and the amount of blood money will be reduced according to the extent of the wound.” Then I got up for some work, and Ibrahim arrived, so I asked him the same question. He replied: “Blood money will be obligatory on him.”

29471 - Then Ibrahim came and I asked him, and he said: The blood money is due for it.

Hazrat Sha’bah states that I asked Hazrat Hakam and Hazrat Hammad about this matter. Both of them said: The one who takes retribution (qisas) will be liable for blood money (diyat), and Hazrat Hammad also said: The amount of blood money will be reduced in proportion to the wound.

29473 - Hammad said: (1) It is lifted from him according to the extent of the wound.

Hazrat Mughira narrates that Ibrahim and Hazrat Sha’bi said: The one who takes retribution (qisas) will be liable for blood money (diyat), and the amount of blood money will be reduced in proportion to his wound.

Hazrat Tawus and Hazrat Ata, both of these esteemed personalities, stated: Retaliation will make the payment of blood money obligatory upon the avenger, and no kind of reduction will be granted to him.

29476 - From Ibn Jurayj, from [عطاء (قالا) (١)] (2): He is liable for the blood money, and nothing is waived from him.