What is the ruling if the partial blood money does not reach one-third of the full blood money, such as the Diyya for a Magian or an unborn fetus?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
If the blood money does not amount to one-third of the full blood money, such as the 800 Dirhams for a Magian or the five camels for a fetus, the 'Aqilah (the responsible kinship group) is not required to pay it. This is because the 'Aqilah does not bear responsibility for amounts less than one-third, aligning it with the compensation for a broken bone or a superficial head wound (Mawda'ah).
Supporting text
If the fetus is killed simultaneously with its mother, the 'Aqilah must pay both compensations because it constitutes a single offense. The payment schedule for the mother's Diyya then becomes subject to the two previous established views. If the mother's Diyya is paid over two years, the fetus's Diyya is due concurrently with the first year's payment of one-third of the mother's Diyya, as it is a separate liability. Alternatively, it is suggested that the fetus's Diyya is due with the remaining portion of the mother's Diyya in the second year.