How is the distribution of 'Aql among the 'Aqila (kin group responsible for blood money) determined?

General Chapter

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 2 · Bab 1

Open in Qurani

Primary text

The distribution among the 'Aqila begins with the nearest relatives, proceeding outward. The distribution is made upon the brothers and their sons, then the paternal uncles and their sons, then the father's paternal uncles and their sons, and subsequently the grandfather's paternal uncles and their sons, continuing this pattern perpetually. Once all blood relatives in this manner are exhausted, the responsibility shifts to the freed master ('Mawla Mu'tiq), then to his 'Asaba, then to the master's master, and their 'Asaba, following the principle of nearest first, similar to inheritance. If we hold that fathers and sons are part of the 'Aqila, they are prioritized because they are nearer.

Supporting text

If the wealth of a group is vast enough to cover the 'Aql, the liability does not revert to more distant relatives because it is a right established through 'Asaba, requiring the nearest to be prioritized, just as in inheritance and marriage guardianship.