- The diyah for quasi-intentional homicide—and likewise for accidental homicide—falls upon the killer’s ʿāqilah, that is, the male agnate relatives on his father’s side, near and distant, even if they are not heirs, for the very basis of agnation is mutual support and solidarity.
Because this misfortune befell him without deliberate intent, it is fitting that they assist him even if he is wealthy. Their burden is eased by apportioning the payment among them according to their closeness of kinship and by allowing it to be paid in instalments over three lunar years.
- The diyah for a fetus that is expelled lifeless as a result of the assault is a ghurra: one male or female slave.
The jurists have assessed the value of a ghurra at five camels. This amount is treated as part of the fetus’s estate, exactly as though the child had been born alive.
The fetal diyah is paid by the killer himself, not by his ʿāqilah, because it is less than one-third of the full diyah, and any amount below one-third is not borne by the ʿāqilah.
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The diyah becomes part of the victim’s estate, for it is a substitute for his very life; the ʿāqilah receive no share of it.
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The scholars explain that the Prophet ﷺ disapproved of Ḥamal ibn al-Nābighah’s rhymed prose for two reasons:
• First, he used it to oppose and attempt to nullify Allah’s ruling and law.
• Second, he contrived those rhymes to champion falsehood, just as the soothsayers used to market their spurious claims in attractive cadences that captivated hearts and ears.
Rhymed prose that arises without such affectation and is not intended to promote falsehood is not blameworthy. Indeed, it appears in the Prophet’s own words, as when he addressed the Helpers: “Truly, you are few when gain is sought, but many when fear prevails.”
And in his supplication he said: “O Allah, I seek refuge in You from knowledge that brings no benefit, from a heart that feels no humility, from a soul that is never satisfied, and from a prayer that is not heard. I seek refuge in You from these four.”
Hadith 9
ʿImrān ibn Ḥuṣayn (may Allah be pleased with him) reported: A man bit another man’s hand. The latter pulled his hand out of the biter’s mouth, and the attacker’s two front teeth fell out. They brought the case before the Prophet ﷺ, who said, “Would one of you bite his brother the way a stallion bites? Go—no diyah is due to you.”
Vocabulary
“Like a stallion bites”: referring to a male camel, though the term may also be used for the males of other animals.
Overall Meaning
A man attacked another and bit his hand; the victim jerked his hand free from the attacker’s mouth, causing the attacker’s two incisors to fall out.