Is the 'Aqilah (blood-money responsibility group) liable for an amount that causes them severe hardship?

General Chapter

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 1 · Bab 1

Open in Qurani

Primary text

The 'Aqilah is not obligated to pay an amount of money that causes them severe hardship or excessive difficulty. This liability is imposed upon them for the sake of consolation for the killer and mitigation of his burden, and therefore, it should not burden others excessively, similar to the ruling concerning Zakat. If severe hardship were permissible, the killer would be more deserving of it as it stems from his act, yet it is not permissible for him. This view is supported by the general principle that the liability should not cause undue hardship.