What is the prescribed amount each member of the 'Aqilah must bear?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
According to Ahmad, they must bear what they are capable of enduring. Thus, the amount is not fixed by religious texts but is left to the ijtihad (independent legal reasoning) of the judge, who assesses an amount that is easy and not harmful for each individual. This is the view of Malik, based on the principle that specific quantification requires textual basis (Tawqif), which is absent here. Therefore, it reverts to the judge's discretion, similar to the quantification of maintenance expenses (Nafaqat).
Supporting text
Another narration from Ahmad suggests that the wealthy among them should pay half a mithqal, as it is the minimum taxable wealth in Zakat, making it a benchmark. The moderately wealthy should pay a quarter mithqal, as anything less is deemed trivial, referencing Aisha's statement that hands are not cut for trivial amounts, and amounts less than a quarter dinar do not result in amputation. This is the choice of Abu Bakr and the Madhhab of Shafi'i. Abu Hanifa states the maximum imposed on one person is four dirhams, with no minimum limit, considering it a payment due to kinship support, like maintenance. He asserts equality between the rich and the moderately wealthy in this regard.