Is a relative connected through both parents prioritized over one connected only through the father, regarding the 'Aql liability?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
There are two views on whether one whose kinship is established through both parents ('Abuwayn) is prioritized over one connected only through the father ('Ab). The preferred view, which is stronger, states that prioritization occurs because kinship through both parents affects preference, strength of 'Asaba, and the combination of two kinships in a manner where neither kinship alone dictates a distinct ruling. This influences prioritization in inheritance, and thus, it should apply in other rulings like the 'Aql. This is supported by Al-Shafi'i.
Supporting text
One view suggests prioritization because priority is given in inheritance, so it should be given in 'Aql, similar to how a brother is prioritized over his son. Another view suggests they are equal because this matter is derived from 'Asaba, and the mother's lineage has no effect on 'Asaba itself. This view is held by Abu Hanifa, who argues that kinship and distance are equalized, based on the Hadith that the Prophet (peace be upon him) placed the blood money for a murdered woman upon the 'Asaba of the killer.