to him, “Indeed, he is not of your family; indeed, his conduct is unrighteous.” [Hud 11:45–46]

The Prophet ﷺ said, “A Muslim does not inherit from a disbeliever, nor does a disbeliever inherit from a Muslim.” (1) When mutual inheritance is severed, mutual assistance and support are likewise severed. Thus, one who differs from the offender in religion bears no share of the blood-money liability. From this is derived the fifth condition: that they share the same religion.

The apparent meaning of the author’s words applies even to kinship by manumission, contrary to what they have stated in the chapter on inheritance: namely, that a difference in religion does not prevent inheritance through kinship by manumission. The correct view is that a difference in religion prevents inheritance even through kinship by manumission.

His statement, “The liable agnatic relatives do not bear liability for deliberate, intentional killing,” constitutes the sixth condition: the offense must be either accidental or شبه عمد (quasi-deliberate).

By his saying, “deliberate,” accidental killing is excluded; and by his saying, “intentional,” quasi-deliberate killing is excluded.

The evidence for this is that the Prophet ﷺ assigned the blood-money for the two women of Hudhayl who fought one another to the liable agnatic relatives. This was a case of quasi-deliberate killing, concerning which there is disagreement; but the sound view is that they bear it. As for accidental killing, the scholars are unanimously agreed that the liable agnatic relatives bear it.

If you ask: Why do we make the liable agnatic relatives pay the blood-money when someone else committed the offense?

The answer is twofold: