مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم - الصفحة ٦٠٣ - Compensation
the same, he can take it from the killer himself. And if a person kills
someone in such a way that it resembles intentional murder e.g. if he
strikessomeone with a tool by which one does not usually die, and he
does not also intend to kill him, and kills him by chance, the killer
should, in these circumstances, pay thediyah himself and the guardian of
the person killed is not entitled to kill him (i.e. the killer).
٢٨٠٧. In case the person killed is a man and a
Muslim and free. the diyah which the killer should give consists of one
of the following six things:
(i) In the case of intentional murder it is ١٠٠ camels which have
entered the sixth year of their lives and in the case of killing by
mistake or the killing which resembles intentional murder the age of the
camel is less than this,
(ii) ٢٠٠ cows;
(iii) ١٠٠٠ sheep;
(iv) ٢٠٠ hullahs (robes). Every robe consists of ٢ pieces of cloth and it is better that they should have been made in Yemen.
(v) ١٠٠٠ legal mithqals of gold, a mithqal is equal to ١٨ peas.
(vi) ١٠,٠٠٠ dirhams, every dirham consists of ١٢/٦ peas of coined
silver. And if the person killed is a woman who is a Muslim and free,
her diyah in each of the abovementioned things is half of the diyah of a
man. And if the person killed is a zimmi infidel his/her diyah is ٨٠٠
dirhams in the case of a male and,٤٠٠ dirhams in the case ofa female.
And if the person killed is a non zimmi infidel no diyah is payable. And
the diyah of a slave or slave girl who is killed is his/her price,
provided it does notexceed the diyah of a free person and even if it is a
care of intentional murder the murderer who is a free person cannot be
killed for the sake of a slave or slave girl.
٢٨٠٨. The diyah of the following things is like the diyah of killing a person, the details of which have been given before.