and he paid for the one who was killed in Khaybar with one hundred camels of the zakah [alms] camels (7). Yet, there are no one-year-old male camels [ibn makhad] among the ages of the zakah camels. It was narrated from Ali, Al-Hasan, Al-Sha'bi, Al-Harith al-'Ukli, and Ishaq that it is [divided into] fourths, just like the blood money for intentional killing. From Zayd, it is thirty hiqqa, thirty bint labun, twenty ibn labun, and twenty bint makhad. Tawus said: thirty hiqqa, thirty bint labun, thirty bint makhad, and ten (8) male ibn labun; because of what 'Amr ibn Shu'ayb narrated, from his father, from his grandfather, that the Messenger of Allah - peace be upon him - decreed that whoever is killed by error, his blood money from the camels is thirty bint makhad, thirty bint labun, thirty hiqqa, and ten male ibn labun. Narrated by Abu Dawud and Ibn Majah (9). Abu Thawr said: All blood monies are [in] fifths, like the blood money for error; because it is a substitute for something destroyed, so it does not differ between intentional and erroneous [killing], like all other things destroyed. It was also narrated from him that the blood money for intentional killing is heavy [mughallazah], while the blood money for quasi-intentional and erroneous killing is [in] fifths; because the 'aqila bears the quasi-intentional, so it is [in] fifths, like the blood money for error. Our proof is what Abdullah ibn Mas'ud narrated, saying: The Messenger of Allah - peace be upon him - said: "In the blood money for error, there are twenty hiqqa, twenty jadha'a, twenty bint makhad, twenty bint labun, and twenty ibn makhad." Narrated by Abu Dawud, Al-Nasa'i, and Ibn Majah (10). And because the ibn labun is obligatory by way of replacement for the bint makhad in zakah when it is not found, so the replacement and the replaced should not be combined in one obligation; and because their cause is one, so it becomes as if he obligated forty bint makhad; and because what we said is the minimum, so any increase upon it is not established except through a specific text [tawqif]. It is incumbent upon the one who claims it to provide the evidence. As for the blood money for the one killed in Khaybar, there is no argument for them in it; because they did not claim he was killed by the people of Khaybar except intentionally, so his blood money is the blood money for intentional killing, which is from the [same] ages as the zakah, while the disagreement is regarding the blood money for error. The statement of Abu Thawr contradicts the transmitted reports [athar] that we mentioned, so it is not to be relied upon.

Section: We know of no disagreement among the people of knowledge that the blood money for error is upon the 'aqila. Ibn al-Mundhir said: Everyone we know of among the people of knowledge has reached a consensus on this. Reports have been established from the Messenger of Allah - peace be upon him - that he decreed the blood money for error to be upon the 'aqila (13), and the people of knowledge have reached a consensus on adopting this. The Prophet - peace be upon him - placed the blood money for quasi-intentional [killing] upon the 'aqila, according to the hadiths we have narrated (14), and therein is a warning that the 'aqila bears the blood money for error. The reason (11) for that is that cases of erroneous homicide are numerous, and the blood money for a human is large, so obligating it upon the killer alone from his wealth would cause him hardship. Thus, wisdom dictated obligating it upon the 'aqila by way of consolation for the killer and assistance to him, as a mitigation for him, since he was excused in his action, while he remains solely responsible for the kaffarah [expiation].

Section: There is no disagreement among them that it is deferred over three years; for Umar, Ali - may Allah be pleased with them