His analogy [of the kaffarah] to the blood money is invalid for several reasons: First, the blood money was not obligated from the Public Treasury; rather, it was obligated upon the 'aqila, and it is not permissible for the ruling of a secondary case to be established in contradiction to the ruling of the original case. Second, the blood money is a large amount, so obligating it upon the killer causes him hardship, whereas the kaffarah is unlike it. Third, the blood money was obligated as a consolation to the killer, and the killer's share of the obligation was assigned to the kaffarah; thus, obligating it upon someone else severs the consolation and imposes upon a person other than the perpetrator more than what was incumbent upon him, and this is not permissible.

Section: Our companions mentioned that the blood money is aggravated by three things: if one kills in the Sacred Precinct [al-Haram], in the Sacred Months, and if one kills a person in the state of ihram. Ahmad, may Allah have mercy on him, specified the aggravation for one who kills a person in the state of ihram within the Sacred Precinct and during a Sacred Month. As for killing a close relative [dhi rahim mahram], Abu Bakr said: His blood money is aggravated. The Qadi said: The apparent meaning of Ahmad's words is that it is not aggravated. The companions of al-Shafi'i said: It is aggravated by the Sacred Precinct, the Sacred Months, and a close relative, and there are two opinions regarding aggravation for ihram. Among those from whom aggravation is narrated are Uthman, Ibn Abbas, the two Sa'ids (19), 'Ata', Tawus, al-Sha'bi (20), Mujahid, Sulayman ibn Yasar, Jabir ibn Zayd, Qatada, al-Awza'i, Malik, al-Shafi'i, and Ishaq. Those who hold the view of aggravation differ as to its mode: Our companions said: For each of the sacred matters, one-third of the blood money is added, so when all three sacred matters combine, two blood moneys are required. Ahmad said, in the narration of Ibn Mansur, regarding one who kills a person in the state of ihram in the Sacred Precinct during a Sacred Month: He owes twenty-four thousand. This is the position of the Successors [Tabi'in] who believe in aggravation. The companions of al-Shafi'i said: The mode of aggravation is the obligation of the blood money for intentional killing [as a penalty] for error, and nothing else; aggravation is not conceived in anything other than error, and two aggravations cannot be combined. This is the position of Malik, except that he aggravates in the intentional case; so if one intentionally kills a close relative, he owes thirty hiqqa, thirty jadha'a, and forty