The Ruling on Minor Heirs in Qiṣāṣ and Injuries
Author: Imran Ayub Lahori
❖ Minor Heir’s Right in Qiṣāṣ
- If among the heirs of the slain there is a minor, then qiṣāṣ must be delayed until he reaches maturity.
- This is because the right of qiṣāṣ belongs to all heirs collectively, and the minor can only exercise his choice after becoming mature.
[al-Rawḍah al-Nadiyyah 2/649]
⚠ However, scholars note that the earlier hadiths do not provide a clear and explicit text on this matter, so it remains a point of scholarly consideration.
❖ Injuries Inflicted by the Victim Himself
If the victim, in defending himself, caused injuries to the aggressor during the act, those injuries are waived (no diyah or qiṣāṣ applies).
Evidence
① ʿImrān ibn Ḥuṣayn رضي الله عنه narrates:
A man bit another’s hand. The victim pulled his hand away forcefully, causing the aggressor’s teeth to fall out. The matter was brought before the Prophet ﷺ, who said:
«يعض أحدكم يد أخيه كما يعض الفحل، لا دية لك»
"Would one of you bite his brother’s hand like a stallion? You have no compensation for this."
[Bukhārī 6892, Kitāb al-Diyāt; Muslim 1673; Tirmidhī 1416; Nasāʾī 8/28]
② A similar narration is reported from Yaʿlā ibn Umayyah رضي الله عنه.
[Bukhārī 2265, Kitāb al-Ijārah; Muslim 1674; Abū Dāwūd 4584; Nasāʾī 8/30; Ḥumaydī 788; ʿAbd al-Razzāq 17546; Ibn al-Jārūd 792; Ibn Ḥibbān 5997]
❖ Scholarly Consensus
- The majority (jumhūr) of scholars hold that in such cases the aggressor bears no right to diyah for the injuries caused while he himself was committing aggression.
[Nayl al-Awṭār 4/464]
❖ Conclusion
- Minor heirs: Qiṣāṣ is postponed until they reach maturity so they may exercise their right.
- Injury cases: If the aggressor injures himself through his own attack (e.g., biting), no diyah or qiṣāṣ applies.
