Does the 'Aqilah (blood relatives group) bear responsibility for partial blood money (Diyya) of a limb?

General Chapter

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 1 · Bab 1

Open in Qurani

Primary text

The 'Aqilah bears responsibility for the Diyya of a limb if the injury reaches one-third (of the total Diyya). This is the ruling held by those previously mentioned. The basis for this ruling is the statement of Umar, may Allah be pleased with him. Furthermore, the obligation is Diyya for an injury to a free person exceeding one-third, thus the 'Aqilah must bear it, analogous to the full Diyya of a soul. It is also because it is a significant sum obligated as security for a free person, resembling previously discussed matters.

Supporting text

It is narrated from Al-Shafi'i, in his old school of thought (Qawl al-Qadim), that the 'Aqilah does not bear responsibility for amounts less than the full Diyya because this action resembles guaranteeing property, evidenced by the fact that no expiation (kaffarah) is required for it.