Defining the 'Aqilah and the Reason for Their Bearing the Blood Money
Machine translationRead the Arabic original
Question:
And is it cited, is a specific member of the 'aqilah enslaved, or is it a matter of bearing the burden, and what if the 'aqilah are poor?
Answer:
All those who inherit from him by agnatic relationship are the 'aqilah, the males who inherit by agnatic relationship, the male agnatic relatives, because the agnatic relatives may include females, such as sisters with daughters, or daughters with their brothers, or with their brothers' brothers, who are agnatic relatives through another or agnatic relatives with another. These have no liability because they are females. But the agnatic relatives in their own right, these are the ones who bear the blood money, because if he died and left an estate, they would inherit it, even if it were millions. So their bearing the blood money is in the category of gaining with loss. Just as they inherit his wealth, they also bear what is upon him of blood money. This is in the category of mutual support, and because the perpetrator is excused; the perpetrator in an unintentional case is excused. So the 'aqilah bear it. Yes.
And is it cited, is a specific member of the 'aqilah enslaved, or is it a matter of bearing the burden, and what if the 'aqilah are poor?
Answer:
All those who inherit from him by agnatic relationship are the 'aqilah, the males who inherit by agnatic relationship, the male agnatic relatives, because the agnatic relatives may include females, such as sisters with daughters, or daughters with their brothers, or with their brothers' brothers, who are agnatic relatives through another or agnatic relatives with another. These have no liability because they are females. But the agnatic relatives in their own right, these are the ones who bear the blood money, because if he died and left an estate, they would inherit it, even if it were millions. So their bearing the blood money is in the category of gaining with loss. Just as they inherit his wealth, they also bear what is upon him of blood money. This is in the category of mutual support, and because the perpetrator is excused; the perpetrator in an unintentional case is excused. So the 'aqilah bear it. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 72 من 89|شرح العدة في شرح العمدة|كتاب الجنايات|فصل في شروط استيفاء القصاص|صالح الفوزان|الفقه — youtube.com (28:18)
The Arabic text is a machine transcription of the audio recording.
