based on mutual support, and they are among those who provide it, and because the agnates in bearing the blood money are like they are in inheritance in terms of prioritizing the closest and then the next closest; his fathers and sons are the most entitled of the agnates to his inheritance, so they are the most worthy of bearing his blood money. The second narration is that his fathers and sons are not part of the 'aqilah, and this is the opinion of al-Shafi'i; because Abu Hurayrah reported, saying: Two women from Hudhayl fought, and one of them threw a stone at the other and killed her. They brought the case to the Messenger of Allah (may Allah bless him and grant him peace), and he decreed the blood money for the woman to be upon her 'aqilah, while her children and those with them inherited from her. Agreed upon. In another narration: Then the killer died, and the Prophet (may Allah bless him and grant him peace) assigned her inheritance to her children and the blood money to the agnates. Narrated by Abu Dawud and al-Nasa'i. In a narration from Jabir ibn 'Abd Allah, he said: The Messenger of Allah (may Allah bless him and grant him peace) assigned the blood money of the killed woman to her 'aqilah and exonerated her husband and her children. He said: The 'aqilah of the killed woman said: "Her inheritance is ours." The Messenger of Allah (may Allah bless him and grant him peace) said: "Her inheritance is for her husband and her children." Narrated by Abu Dawud. If this is established regarding children, we draw an analogy for the father, because he is in the same position. Moreover, the wealth of his child and his father is like his own wealth; for this reason, the testimony of either of them for him is not accepted, nor is his testimony for them, and each of them is obligated to spend on the other if the other is in need while the former is affluent, and they are emancipated if he possesses them. Therefore, blood money is not required from his wealth, just as it is not required from the wealth of the killer. The apparent text of al-Khiraqi indicates that there are two narrations regarding the brothers, just as with the child and the father, while others among our companions consider them to be among the 'aqilah in all circumstances, and I do not know of any disagreement on this from others.
Section: If the child is a son of a paternal uncle, or if the father [or the child] is a mawla (freedman) or an agnate
(7) Its reference was previously provided in 11/463. (8) Omitted from: M. (9) Omitted from: M. (10) Its reference was previously provided in 11/463. (11) In: Kitab al-Diyat, Chapter on the Blood Money for a Fetus, Sunan Abi Dawud 2/498. It was also recorded by Ibn Majah, in: Kitab al-Diyat, Chapter on the 'Aql of the Woman falling upon her agnates and her inheritance to her children, Sunan Ibn Majah 2/884. (12) In M: "minhuma" (from both of them). (13) In the original: "aw 'ataqa". (14) In B and M: "walid".