The 'aqila bears it; because it is a single crime, and the blood money for the mother follows the two views. If we say: it is paid over two years, the blood money for the fetus is obligatory alongside one-third of the blood money for the mother in the first year; because it is another blood money. It is also possible that it becomes obligatory alongside the remainder of the blood money for the mother in the second year. If we say: the blood money for the mother is [paid] over three years, then is the blood money for the fetus obligatory over three years or not? There are two views. If we say it is obligatory over three years, it becomes due in the same years in which the blood money for the mother is due; because they are two blood monies for two entitled parties, so one-third of her blood money (19) and one-third of his blood money become due each year. It is possible that it becomes due over another three years, because their destruction is the cause of a single crime.

1463 - Issue; he said: (If the killing was by error, it is upon the 'aqila [to pay] one hundred camels, to be taken over three years in fifths: twenty bint makhad [female one-year-old camels], twenty ibn makhad [male one-year-old camels], twenty bint labun [female two-year-old camels], twenty hiqqa [three-year-old female camels], and twenty jadha'a [four-year-old female camels]).

There is no disagreement in the school that the blood money for error is [divided into] fifths (3), as Al-Khiraqi mentioned. This is the opinion of Ibn Mas'ud, Al-Nakha'i, the Ashab al-Ra'y [School of Opinion], and Ibn al-Mundhir. Umar ibn Abd al-Aziz, Sulayman ibn Yasar, Al-Zuhri, Al-Layth, Rabi'ah, Malik, and Al-Shafi'i said: It is [in] fifths, except that they substituted ibn labun [male two-year-old camels] for ibn makhad. This is how Sa'id narrated it (4) in his "Sunan", from Al-Nakha'i, from Ibn Mas'ud. Al-Khattabi (5) said: It is narrated that the Prophet - peace be upon him -