Imam Malik, may Allah have mercy on him, said that Ibn Shihab used to say: The Sunnah is that when, in the case of intentional murder, the heirs of the slain forgive retribution and are content with blood money, then the blood money will be taken from the wealth of the killer; the ‘aqilah have nothing to do with it, unless they themselves wish to pay.

Imam Malik, may Allah have mercy on him, said: According to us, the ruling is that blood money is not obligatory upon the ‘aqilah unless it is one-third or more; if it is less than one-third, it will be taken from the wealth of the perpetrator.

Imam Malik, may Allah have mercy on him, said: According to us, there is no difference of opinion in this, that in cases of intentional murder or other wounds for which retribution is obligatory, if blood money is accepted, it will be upon the person of the killer or the assailant, not upon the ‘aqilah, if he has wealth; and if he does not have wealth, then retribution remains upon him. However, if the ‘aqilah willingly wish to pay, that is another matter.

Imam Malik, may Allah have mercy on him, said: If a person wounds himself intentionally or by mistake, then its blood money will not be upon the ‘aqilah, and I have not heard of anyone who makes the ‘aqilah pay the blood money for intentional acts, because Allah, Glorified and Exalted, has said regarding intentional murder:“If his brother pardons him in any way (i.e., forgives retribution), then let there be a suitable follow-up and payment to him in a good manner.”(From this it is understood that the blood money for intentional murder should be paid by the killer.)

Imam Malik, may Allah have mercy on him, said: If a boy has no wealth or a woman has no wealth and they commit an offense for which less than one-third blood money is obligatory, then the blood money will be paid from their own wealth; if they have no wealth, then it will remain as a debt upon them, and nothing will be obligatory upon the ‘aqilah or the boy’s father.

Imam Malik, may Allah have mercy on him, said: When a slave is killed, his value on the day of the killing must be paid; nothing is obligatory upon the killer’s ‘aqilah, rather it will be taken from the specific wealth of the killer, even if the value of the slave is more than the blood money.

It is narrated from Ibn Shihab that Sayyiduna Umar, may Allah be pleased with him, called the people in Mina and said: Whoever knows the matter of blood money should state it to me. So, Dahhak bin Sufyan Kalabi stood up and said: The Messenger of Allah, peace and blessings be upon him, wrote to me that I should give inheritance to the woman of Ashim Dhababi from the blood money of Ashim. Sayyiduna Umar, may Allah be pleased with him, said: Go to the tent until I come. When Sayyiduna Umar, may Allah be pleased with him, came, Dahhak stated the same thing. Sayyiduna Umar, may Allah be pleased with him, gave the same order. Ibn Shihab said that Ashim was killed by mistake.

It is narrated from Amr bin Shu'aib that a man from Banu Mudlij, whose name was Qatadah, struck his son with a sword. It hit his shin, the bleeding did not stop, and eventually he died. So Suraqah bin Ja'sham came to Sayyiduna Umar (may Allah be pleased with him) and informed him about it. Sayyiduna Umar (may Allah be pleased with him) said: "Keep ready one hundred and twenty camels at the water of Qudayd (Qudayd is a place between Makkah and Madinah, where there is also water) until I come there." When Sayyiduna Umar (may Allah be pleased with him) arrived there, he took thirty hiqqahs and thirty jaz'ahs from those camels, and forty khalifahs (pregnant she-camels), then said: "Where is the brother of the murdered man?" He said: "Why, I am present." He said: "Take all these camels, because the Messenger of Allah (peace and blessings be upon him) said: 'The killer does not inherit.'"

Hazrat Saeed bin Musayyib and Sulaiman bin Yasar were asked: If someone commits murder in the sacred months (Muharram, Rajab, Dhu al-Qa'dah, and Dhu al-Hijjah), will you make the blood money stricter? They replied: No, rather we will increase it, due to the sanctity of these months. Then Saeed was asked: If someone injures another in these months, will you also increase the blood money for that, just as you increase it for murder? Saeed replied: Yes.

Imam Malik, may Allah have mercy on him, said: I think that what is meant by the increase by those two persons is the same as what Sayyiduna Umar, may Allah be pleased with him, did in the blood money of the Mudliji, when he killed his son.