Who bears the financial obligation for the expiation (Kaffarah) related to homicide?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
The expiation in the estate (mal) of the killer does not include the provision for its payment (tahammul). The ruling is that the expiation must fall upon the one who committed the act that necessitated it, analogous to all other expiations, and as if the expiation were fasting. Expiation is legislated to atone for the perpetrator; no one else can atone on his behalf. This is supported by the general principle that obligations for expiation are personal. The Prophet, peace be upon him, when he judged the blood-money (Diyya) to be paid by the 'Aqilah (paternal relatives), did not mandate the expiation for the killer.
Supporting text
The Shafi'i school, according to one narration, holds that the expiation should be paid from the public treasury (Bayt al-Mal) because it is a significant amount, and requiring the killer to pay it would be excessively burdensome upon him. This view is refuted because the Diyya, unlike expiation, was legislated to compensate the victim's side, which can be achieved regardless of who pays, and making the relatives pay the Diyya was a form of solace for the killer, whereas requiring them to pay the expiation would remove that solace and burden them disproportionately.