We do not know of any disagreement regarding this; for it is property that becomes mandatory at the end of the year by way of mutual assistance, so it resembles Zakat. If that [wealth or status] is attained after the year has passed, the obligation does not lapse. Al-Shafi'i held this view. Abu Hanifah said: It lapses upon death, because the person has exited the state of legal capacity for the obligation, so it resembles the case if he had died before the year passed. Our position is that it is a right that admits representation (niyaba), and he does not have the power to drop it during his lifetime, so it resembles debts. It is distinct from the time before the year passes, because it did not become mandatory, nor did the condition persist until the time of the obligation. As for if he was poor at the time of the killing but became wealthy at the end of the year, al-Qadi said: It is mandatory upon him, because he was found at the time of the obligation and was among those subject to it. Derived from this is the one who was a minor and reached puberty, or was insane and regained his sanity at the end of the year; it becomes mandatory upon him for that reason (46). It is also possible that it is not mandatory because he was not among those subject to the obligation at the time of the cause (sabab), so the ruling is not established for him at the time of the condition (shart), just as if a disbeliever owned property and then embraced Islam at the end of the year, Zakat is not binding upon him for it.

1467 - Issue: He said: (There is no bearing of any of the blood money upon a poor person from the aqila, nor a woman, nor a minor, nor one who has lost his intellect.)

The majority of scholars are of the view that none of these individuals have a role in bearing the blood money. Ibn al-Mundhir said: Everyone we remember from the scholars has reached consensus that a woman and a minor who has not reached puberty do not bear the blood money with the aqila, and they have reached consensus that nothing is binding upon the poor person. This is the view of Malik, al-Shafi'i, and the people of opinion (Ashab al-Ra'y). Some of our companions narrated from Malik and Abu Hanifah that the poor person does have a role in bearing it. Abu al-Khattab mentioned it as a narration from Ahmad; because he is among the people of support (ahl al-nusra), so he is part of the aqila like the wealthy person. The correct view is the former; because bearing blood money is an act of mutual assistance (muwasah), so it is not binding upon the poor person.