nor on an insane person; the same ruling applies to anyone whose mind is absent for an excusable reason—such as one who is asleep, unconscious, and the like.

5 – Shaykh Muḥammad ibn Ibrāhīm Āl al-Shaykh said: “The liabilities that must be met from the Muslims’ Bayt al-Māl (public treasury) are as follows:

First: If a Muslim dies while owing a debt, it is the duty of the ruler to discharge it.

Second: If someone kills another by mistake or quasi-intent, and the killer is not financially able, the victim’s diyah (blood money) is to be paid from the Bayt al-Māl.

Third: If a judge rules for qasāmah in a case, and the heirs refuse to take the required oaths and are not satisfied with the oath of the defendant.

Fourth: If a murdered person is found and the killer is unknown, such as a death occurring in the crush of the ṭawāf and similar situations.”

Decision of the Council of Senior Scholars on the use of anaesthesia in carrying out qiṣāṣ:

Decision no. 191 dated 27/10/1419 AH

Praise be to Allah, and blessings and peace be upon the Messenger of Allah, his family, Companions, and all who follow his guidance. To proceed:

At its fiftieth session, held in Riyadh beginning on 20/10/1419 AH, the Council of Senior Scholars reviewed the letter of His Royal Highness the Deputy Prime Minister (no. 4/35M, dated 28/2/1419 AH) concerning the ruling on using anaesthesia when enforcing qiṣāṣ for injuries short of homicide, in order to prevent excess. The letter read:

“We forward to Your Eminence a copy of the telegram from His Highness the Minister of the Interior (no. 16/59861, dated 27/8/1418 AH) and its enclosures regarding the implementation of qiṣāṣ short of homicide. The High Judicial Council issued decision no. 82 on 14/3/1393 AH stating that the Council does not consider it permissible to carry out qiṣāṣ under the influence of anaesthetic, even if only local, because administering qiṣāṣ while the offender is anaesthetised denies the victim the opportunity to derive satisfaction from the offender, thereby undermining the very wisdom of qiṣāṣ;