What is the ruling if camels are unavailable except at a price exceeding the customary value (Thaman al-Mithl)?

General Chapter

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 3 · Bab 1

Open in Qurani

Primary text

If camels cannot be found except at a price higher than their standard value, the payer may switch to paying one thousand dinars or twelve thousand dirhams. This is the position held by Imam Al-Shafi'i in his old opinion (Qawl al-Qadim). The later opinion (Al-Jadid) mandates the value of the camels, whatever that value reaches. This is supported by the tradition of Amr ibn Shu'ayb on the authority of Umar regarding the valuation of camels, and because any payment guaranteed in a specific form requires its value to be paid, like fungible goods. Furthermore, if camels suffice when their value is low, they should also suffice when their value is high, just as gold coins (Dinar) are accepted regardless of market fluctuations.

Supporting text

If the camels are available at their standard price but the payer cannot access them because they are in another locality, then Umar appraised the Diyya at twelve thousand dirhams or one thousand dinars.