because it is the obligatory outcome of his crime and a substitute for what he destroyed, so it falls upon him, like all other destruction and crimes. An exception is made for [cases involving] a third or more, as a mitigation for the perpetrator, because such an amount is large and would cause him harm. The Prophet (peace and blessings be upon him) said: "A third is a lot." Therefore, concerning anything less than that, it remains subject to the original principle and the requirements of the evidence. This is an argument against al-Zuhri, because the Prophet (peace and blessings be upon him) declared the third to be a lot. As for the blood money for a fetus, the 'Aqilah does not bear it unless it dies along with its mother from the strike, because the blood money for both together is the result of a crime that exceeds a third. If we concede its obligation upon the 'Aqilah, it is because it is the full blood money of a human being.

Section: The 'Aqilah bears the blood money for a limb if it reaches a third. This is the opinion of those we named in the issue prior to this. It was narrated from al-Shafi'i that he said in his earlier opinion (al-qadim): They do not bear anything less than the [full] blood money, because that follows the path of compensation for property, evidenced by the fact that no kaffarah (expiation) is required for it. Our evidence is the statement of 'Umar (may Allah be pleased with him), and because what is required is the blood money for a crime against a free person that exceeds a third, so the 'Aqilah bears it, like the blood money for a soul, and because it is a large amount that is required as compensation for a free person, thus it resembles what we mentioned. What he mentioned is invalidated by [the case of] one who commits a crime against limbs that necessitates the blood money or more.

Section: The 'Aqilah bears the blood money for a woman without disagreement among them regarding it. They bear from her wounds what reaches an indemnity of a third of a man's blood money, such as the blood money for her nose. Amounts less than that, such as the blood money for her hand, are not borne by the 'Aqilah. The same ruling applies to the blood money of a Dhimmi (a protected non-Muslim). They do not bear the blood money of a Magian (Zoroastrian) because it is less than a third, nor the blood money of a fetus if it dies alone or dies before the death of its mother. Ahmad stated this explicitly, because it is less than a third. If it dies with its mother, the 'Aqilah bears them both, as he explicitly stated, because the obligation of their blood money...