The Official Website of the Office of His Eminence Al-Sayyid Ali Al-Husseini Al-Sistani

Question & Answer » Diyah (blood money)

1 Question: In certain cases doctors advise that the foetus is so deformed that it could be very difficult to treat the born baby and, perhaps, it (the child) would live a very short time suffering pain and agony with his parents, then dies. Is it permissible for the would be mother to abort the foetus? Also, is there any difference between the foetus with a spirit and that which the spirit has not yet entered into yet? Assuming it is permissible, should compensation [or blood money] be payable? Who should pay it?
Answer: Abortion in this case is not permissible, even though the soul has not entered the foetus, [let alone a foetus with a soul] .
2 Question: What is the rule on intentionally infecting others with the AIDS virus?
Answer: This is not allowed. If it leads —even after the passage of time— to the death of the person who has been infected, then the heirs of the deceased have the right of retribution from the person responsible for causing to demand the infecting, provided that the latter was aware that that infection could lead to death; but if he was ignorant of that effect, or unaware of it, at that time, only indemnity (blood money) and penalty would apply.
3 Question: What is indemnity for beating a child or a man beating his wife or someone beating someone else leaving a scar on his/her body?
Answer: If a person hits another person on the face and his skin turns red, the diyah is one dinar and a half and if he beats him on the body and his body turns red, the diya is half of it. And if it turns green, the diyah is three dinars and on the body, the diyah is half of it. If the face turns black, the diya is six dinars and it is half of it on the body. One dinar is equal to three and a half grams of gold. Anything other gold would not suffice as an obligatory precaution and it is permissible to compromise on the diyah amount.
4 Question: What is the blood money for aborting a child? Who is the blood money given to? Who receives the blood money?
Answer: In case the mother aborts the child, she must give the Diyyah to the father or other heirs. And if the father carries out the abortion, the Diyyah is obligatory on him and he must give it to the mother. If it is the doctor who carries out the abortion, it is obligatory on him to give the blood money although he may abort the child on the parents’ request. He must give the blood money except for when the heirs exempt him. It would suffice for the blood money of the fetus into which soul has entered to give 525 mithqals of silver. That is when the fetus is male and if it is female, half of that amount should be paid. As a measure of obligatory precaution, the Diyyah of the fetus which dies in the womb is also the same. If the fetus is lifeless and it is in the form of a fertilized ovum (zygote), 105 mithqals of silver would suffice for the blood money. In case it is in the form of a leech-like substance, the Diyyah is 210 mithqals. If it develops into a chewed-like substance, the Diyyah is 315 mithqals. If the fetus has bones, 420 mithqals of silver would suffice. If it has developed into a complete human body with grown up limbs and organs, the Diyyah is 525 mithqals of silver. If the fetus is soulless, there is no difference between a male fetus and a female one as an obligatory precaution. Soul enters the body at the fourth month of pregnancy except for when it is proved otherwise through modern equipments.
Click here to post a new question
العربية فارسی اردو English Azərbaycan Türkçe Français