Who Pays the Diyah

**Who Bears the Diyah:** Whoever destroys a person or part of them has two cases: --- **Case 1: Intentional Killing (with pardon from Qisas):** The entire Diyah is upon the killer's own wealth - if pardon is granted and Qisas is waived. **Reason:** The compensation for what one destroys is borne by the destroyer himself. **Evidence:** Allah says: "And no bearer of burdens will bear the burden of another" [Al-An'am: 164]. --- **Case 2: Accidental or Quasi-Intentional Killing:** The Diyah is upon the killer's 'Aqilah (male relatives on father's side). **Evidence:** Abu Hurayrah رضي الله عنه reported: "The Messenger of Allah ﷺ ruled regarding the fetus of a woman from Banu Lihyan who miscarried after being struck: a Ghurrah (male or female slave). Then the woman for whom the Ghurrah was ruled died, so the Messenger of Allah ﷺ ruled that her inheritance goes to her husband and sons, and that the 'Aql (blood money) is upon her 'Asabah (male relatives)" [Bukhari & Muslim]. --- **Wisdom:** The Diyah was placed upon the 'Aqilah because: 1. Accidental killings are frequent 2. The perpetrator is excused (no intent) 3. He deserves assistance and relief 4. Unlike the intentional killer who pays as a ransom for himself (since he deserves Qisas, and if pardoned, he bears the Diyah)