Book of Blood-Money
Introduction
...
Book of Blood-Money

Whoever brings about the destruction of a human being—whether by direct action or by an indirect cause—must pay that person’s blood-money (diyah). If the killing was purely intentional, the diyah is taken forthwith from the killer’s own estate, whereas in cases of quasi-intentional or accidental homicide it is borne by his ʿāqilah (his male agnatic relatives).

If someone kidnaps a free child and the child is bitten by a snake, struck by lightning, or dies from illness—or he seizes a free, legally accountable adult, shackles him, and the man then dies from lightning or a snake-bite¹—the diyah is obligatory in both instances.

Section

When a father disciplines his child, a ruler disciplines his subjects, or a teacher disciplines the youngsters in his care², and he does not exceed the proper limits, he is not liable for any death that may result from that chastisement. Should the person disciplined be a pregnant woman who then miscarries, however, the disciplinarian must pay the diyah for the fetus.

If the ruler summons a woman to establish a right of God, or a man lodges a complaint against her with the police in pursuit of a personal claim, and she miscarries, both the ruler and the complainant are liable; but if she dies from fright, they are not.

Whoever orders a legally accountable person to descend into a well or climb a tree and that person dies as a result incurs no liability³—even if the one issuing the order is the ruler—just as when the ruler or anyone else hires him to perform the task⁴.

¹ Whether the death was caused by the lightning or the snake is immaterial: liability stands.
² In classical usage, ṣibyah refers to young children placed under tutelage.
³ The adult undertook the act by choice and therefore bears the risk himself.
⁴ The same ruling applies whether the employment contract comes from a ruler or a private individual.