What is the stipulated *diyah* for a Jew or Christian?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
The ruling accepted as the apparent position of the madhhab is that the *diyah* for a Jew or Christian is half the *diyah* of a Muslim. This view is attributed to Umar ibn Abd al-Aziz, Urwah, Malik, and Amr ibn Shu'ayb. Ahmad ibn Hanbal initially held that it was one-third of the Muslim *diyah* but later retracted this to favor half the Muslim *diyah*, citing the narration of Amr ibn Shu'ayb regarding the Prophet's ruling, which is considered explicit regarding this reversal. The evidence supporting the half-rate is the narration from Amr ibn Shu'ayb, from his father, from his grandfather, stating that the Prophet (peace be upon him) ruled that the *aqilah* for a Scripturary is half the *aqilah* of a Muslim, and another narration stating the *diyah* of a covenant-keeper (*mu'ahad*) is half the *diyah* of a Muslim. This reduction is analogous to how femininity affects the full *diyah* amount.
Supporting text
A dissenting opinion holds that the *diyah* is four thousand Dirhams, supported by narrations from 'Umar and 'Uthman, and held by Sa'id ibn al-Musayyab, 'Ata', Al-Hasan, 'Ikrimah, and Al-Shafi'i, based on the Hadith of 'Ubadah ibn al-Samit stating the *diyah* for a Jew or Christian is four thousand. Another group, including Abu Hanifa, holds that their *diyah* is equal to that of a Muslim, citing the Quranic verse {And a *diyah* presented to his family} (Quran 4:92) as unrestrictive, and interpreting the Prophet's ruling concerning 'Umar's statement as a form of legal emphasis (*taghliẓ*) when the full *diyah* was eight thousand Dirhams.