the one who intends them both, or intends one of them; nor the 'adid (member of a tribe by affiliation), who is someone who has no tribe and joins another tribe, counting himself among them. This is the opinion of al-Shafi'i. Abu Hanifah said: The mawla of muwalat (clientage by contract) bears the blood money and inherits. Malik said: If a man is not within his own tribe, his blood money is upon the group with whom he resides. Our argument is that this is a quality related to agnation (ta'sib), so it is not entitled to [the right of bearing blood money] by virtue of that, similar to guardianship for marriage.

Section: The people of the diwan (the state register of those eligible for stipends) have no role in the collective bearing of blood money (mu'aqalah). This is the opinion of al-Shafi'i. Abu Hanifah said: They bear the entire blood money, and if they are absent, then the relatives bear it at that time; because 'Umar, may Allah be pleased with him, placed the blood money upon the people of the diwan in the stipends over three years. Our argument is that the Prophet (may Allah bless him and grant him peace) decreed the blood money upon the [agnates of the killer], and because this is a quality through which inheritance is not entitled, therefore the bearing of blood money is not carried by it, similar to neighborhood or agreement between schools of thought. The decree of the Prophet (may Allah bless him and grant him peace) takes precedence over the decree of 'Umar, and even if what was mentioned from him were authentic, it is possible that they were the killer's tribe.

Section: Both the present and the absent participate in the bearing of blood money. This is the opinion of Abu Hanifah. Malik said: It is specific to the present; [because the bearing of the burden] is through support, and that only exists among those present, and because dividing it among all would cause hardship. There are two narrations from al-Shafi'i corresponding to these two schools of thought. Our argument is the report, and the fact that they are equal in agnation and inheritance, so they are equal in bearing the blood money, like those who are present; and because it is a quality related to agnation, the present and absent are equal in it, like inheritance and guardianship.

Section: In its division among the 'aqilah, one begins with the nearest, then the next nearest. It is divided among the brothers and their sons,