For injuries less than a third of the total blood money (*thuluth*), is the *aqilah* responsible for payment?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
The ruling regarding which specific injuries the *aqilah* must bear is disputed. Those who state the *aqilah* bears the *ghurrah* (blood money for a fetus) maintain that the *aqilah* bears the Sun tooth injury, the *mūḍiḥah* (injury exposing the bone), and anything above that, based on the Prophet's action of making the *ghurrah* payable by the *aqilah*. The soundest position from Al-Shafi'i is that the *aqilah* bears both large and small amounts because whoever bears the large bears the small, similar to the intentional killer. The evidence is the report from 'Umar (may Allah be pleased with him) that he ruled nothing should be borne by the *aqilah* until the injury reaches the *ma'mūmah* (head wound breaking the skull's inner layer). The underlying principle is that the guarantor is liable for the injury, and the exception for injuries less than a third is a concession to the perpetrator because a third is considered a large amount, meaning lesser amounts remain subject to the original principle.
Supporting text
Al-Musa'ib, 'Ata', Malik, Ishaq, 'Abd Al-'Aziz, 'Amr ibn Abi Salama, and Al-Zuhri hold that the *aqilah* does not bear the one-third amount. Al-Thawri and Abu Hanifa hold that the *aqilah* bears the Sun tooth, *mūḍiḥah*, and anything above, as the Prophet made the *ghurrah* payable by the *aqilah*, valued at half a tenth of the *diyah*, and does not bear less because it lacks a prescribed *arsh* (partial indemnity).