guarantees it; because he participated in the destruction of his own right, so he does not guarantee what corresponded to his action, just as if he participated in the killing of his animal or his slave. This is what al-Qadi mentioned in "al-Mujarrad," and he mentioned no other. It is the position of al-Shafi'i. The third perspective is that the action of the killed person is disregarded in his own case, and his full blood money becomes mandatory upon the 'aqila of the others in two halves. Abu al-Khattab said: This is the analogy of the madhhab, based on the issue of the colliding parties. The one which al-Qadi mentioned is better and more correct upon examination. A similar instance has been narrated from Ali, may Allah be pleased with him, regarding the case of the scratcher, the jumper, and the one whose neck is broken. Al-Sha'bi said: That is because three girls gathered and became playful; one of them rode on the neck of another, and the third scratched the one who was ridden, so she jumped, and the rider fell, her neck was broken, and she died. This was brought to Ali, may Allah be pleased with him, and he decreed the blood money in thirds upon their 'aqila, and disregarded the third that corresponded to the action of the one whose neck was broken, because she helped in the killing of herself. This is similar to our issue, and because the killed person is a participant in the killing, the blood money is not completed upon his partners, just as if they had killed someone other than them. If the stone returns and kills two of the shooters, then according to the first perspective, their blood money is mandatory upon their 'aqila in thirds, and upon each one are two expiations. According to the second perspective, it is mandatory upon the 'aqila of the living among them, for each dead person one-third of his blood money, and upon the 'aqila of each one of the two dead people is one-third of his companion's blood money, and his action against himself is disregarded. According to the third perspective, upon the 'aqila of the living person for each of the two dead people is half the blood money, and it is mandatory upon the 'aqila of each one of the two dead people is half the blood money for his companion.
1481- Issue: He said: "And if they are more than three, the blood money is due immediately from their wealth."
This is the correct position in the madhhab, whether the killed person was among them or from others, except that if he was among them, the action of the killed person against himself is void (hadar); because nothing is mandatory upon him for himself, and...
(6) fa-arinna: i.e., they became lively. (7) See: al-Irwa' 7/300. (1) Omitted from: [B].