Abu Hanifa said: The near and the far are treated equally, and it is divided among all of them; because the Prophet (peace and blessings of Allah be upon him) placed the blood money of the slain woman upon the agnates of the killer. Our argument is that it is a ruling related to agnation, so it is necessary that the nearest, then the next nearest, be given priority in it, just as in inheritance. The report is not a proof for it, because we divide it among the group if the nearest cannot fulfill it, so we interpret it in that light.

Section: The 'aqilah (those who bear the blood money) shall not bear it except for someone whose lineage is known to be from the killer, or it is known that he is from a group that all participate in the 'aqilah. One from whom this is not known does not bear it, even if he is from his tribe. If the killer were Quraishi, it would not be incumbent upon all of Quraish to bear it; for even if all of Quraish trace back to a single father, their tribes have separated, and each group has become attributed to a father through whom they are distinguished. Thus, he who shares with them in their lineage to the closest father shall bear it for them. Do you not see that all people are the children of Adam, so they trace back to one father, yet if he is from one sub-tribe (fakhidh), it is known that all of them shall bear it. If it is required that all of them bear it, it must be the case regardless of whether one of them knows his lineage or does not; for the knowledge that he is a bearer in any capacity is sufficient. If the killer's lineage from anyone is not established, then the blood money is from the public treasury (bayt al-mal); because the Muslims inherit from him if he has no heir, in the sense that his inheritance is taken for the public treasury, so they likewise bear the blood money for him in this manner. If there is found someone for him who bears part of the blood money, the remainder is in the public treasury likewise.

Section: There is no disagreement among the scholars that the 'aqilah is not burdened with a portion of the blood money that would cause them hardship or be detrimental to them; because it is incumbent upon them without their own act of aggression, as a way of consolation for the killer and to alleviate the burden from him. Thus, the offender is not alleviated by something that weighs heavily upon others and is detrimental to them, like Zakat.