Is a separate expiation (kaffarah) obligatory upon each participant in a killing that necessitates expiation?
Chapter on Qasamah (Oaths regarding murder)
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
A separate expiation is obligatory upon every participant in a killing that necessitates expiation. This is the position held by the majority of scholars, including Al-Hasan, 'Ikrimah, Al-Nakha'i, Al-Harith Al-'Ukbari, Al-Thawri, Malik, Al-Shafi'i, and the proponents of the view of Al-Ray. The evidence supporting this is that the expiation, being a consequence of killing a human being, is not divisible. Therefore, it is fully incumbent upon each of the participants, similar to retribution (Qisas).
Supporting text
There is a reported opinion, narrated from Ahmad by Abu Al-Khattab, and also held by Abu Thawr, that only a single expiation is due from all participants combined. This view is supported by the argument that the divine decree, 'And whoever kills a believer by mistake, then the freeing of a believing slave' (Quran 4:92), uses the singular 'whoever' which encompasses both the individual and the group, and it only mandated one expiation and one blood-money (diyah), and since the diyah is not duplicated, neither should the expiation be. Furthermore, they argue that since it is an expiation for a killing, it should not be duplicated with multiple killers for a single victim, just like the expiation for hunting in the sacred precincts.