Does the 'Aqilah (the paternal relatives of the killer) bear responsibility for the blood money of a slave killed by someone?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
The 'Aqilah does not bear the responsibility for the blood money of a slave. The value of the slave is due entirely from the estate of the killer, whether the killing was accidental or intentional. This is the position of Ibn Abbas, Al-Shafi'i, Al-Thawri, Malik, Al-Laith, and others. The basis for this ruling is the report from Ibn Abbas that the Prophet stated: 'The 'Aqilah does not bear responsibility for intentional killing, nor for a slave, nor for a settlement, nor for a confession.' Furthermore, the required payment is the value of the slave, which varies according to the slave's attributes, and therefore it is not covered by the 'Aqilah, similar to other variable valuations. Moreover, a slave is an animal for whom the 'Aqilah does not cover the Diyah for the maiming of its limbs, thus they should not cover the full value owed for its death.
Supporting text
A group including 'Ata', Al-Zuhri, Al-Hakam, Hammad, and Abu Hanifah hold that the 'Aqilah must bear this responsibility because a slave is a human being for whom retaliation (Qisas) and expiation (Kaffarah) would be due if killed, thus it should be covered by the 'Aqilah like a free person. However, Abu Hanifah agrees that the 'Aqilah does not bear responsibility for the Diyah of the slave's limbs.