Book on Establishing the Diyah for Accidental Killing
699 — They unanimously agree that the diyah for accidental killing is borne by the ʿāqilah.
700 — They unanimously agree that, when a woman’s children are not part of her agnatic clan, they do not contribute toward her diyah; likewise, uterine half-brothers do not contribute anything on behalf of their maternal half-brother.
701 — They unanimously agree that neither a woman nor a minor who has not yet reached puberty contributes anything together with the ʿāqilah.
702 — They unanimously agree that a destitute person is not obliged to pay any share of it.
703 — They unanimously agree that whatever exceeds one-third of the diyah falls upon the ʿāqilah.
704 — They unanimously agree that the ʿāqilah does not pay the equivalent bridal dower, nor compensation for damage to property, except in the case of harm done to slaves.
705 — They unanimously agree that the ʿāqilah does not bear the diyah for deliberate homicide, but it does bear the diyah for accidental homicide.
706 — The scholars unanimously agree that a ghurrah is due for a fetus.
707 — They unanimously agree, and I know of no dissent on this point, that the fetus of a Jewish or Christian woman carries one-tenth of its mother’s diyah.
708 — They unanimously agree that, if a child is expelled alive because of a blow and then dies, the full diyah is payable.
709 — They unanimously agree that, when a woman miscarries one or more fetuses because of a blow, a ghurrah is owed for each fetus.
710 — They unanimously agree that the accidental killer must perform the prescribed expiation.
711 — All the scholars whose opinions we record unanimously agree that one who strikes a pregnant woman’s abdomen, causing her to deliver a dead fetus immediately, owes a ghurrah.
712 — They unanimously agree that, when a slave is killed unintentionally, his market value is paid if that value is less than the standard diyah.
713 — They unanimously agree that the diyah for free persons is uniform.
714 — They unanimously agree that slave prices vary.
715 — The majority of muftis unanimously agree that liability for an umm walad’s offense falls upon her master; this is the position of those who forbid selling such women.