Upon whom does the stipulated wage for executing Qisas fall?

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The wage for executing Qisas must be paid by the person upon whom the Qisas is incumbent (the convicted person). This is the view of Al-Shafi'i and Abu Thawr. The justification is that the wage is an agreed-upon payment necessary for fulfilling a right, and thus rests upon the obligated party, similar to the fee for a measurer or weigher. The argument that the convicted party is only obligated to provide the opportunity for execution is unsound, as the act of execution is a due right upon him; if he permits the execution but another executes it, the right of the avenger does not lapse, which distinguishes it from the case of fruit where mere provision suffices.