were never assigned a specific age-class among the camels. By the same reasoning, whoever upholds the ḥadīth that divides the diyah for accidental killing into fifths, and the ḥadīth that divides it into quarters for quasi-intentional homicide—assuming the latter narration is sound—would proceed accordingly.

Third position
To stipulate that the diyah for intentional homicide be paid in three equal parts, as is related from al-Shāfiʿī. Those who do not accept this tripartite scheme assimilate intentional homicide to the category below it. These, then, are the well-known views concerning the diyah payable in camels by those whose wealth is in camels.

Gold and Silver Owners
The scholars also disagreed about what is due from people whose property consists of gold or silver.

• Mālik said: Those who pay in gold owe one thousand dinars, and those who pay in silver owe twelve thousand dirhams.
• The jurists of Iraq held that the people of silver owe ten thousand dirhams.
• In Egypt al-Shāfiʿī maintained that nothing is taken from the people of gold or silver except the cash value of one hundred camels, whatever that value may be. In Iraq his opinion matched that of Mālik.

Mālik’s proof is ʿUmar ibn al-Khaṭṭāb’s valuation of one hundred camels at one thousand dinars for gold-owners and at twelve thousand dirhams for silver-owners. The Ḥanafīs rely on another report from ʿUmar in which he assessed the dinar at ten dirhams, together with the consensus that this is the rate used for measuring the mithqāl in the laws of zakāh.

Al-Shāfiʿī argues that the original diyah is one hundred camels; ʿUmar only set it at one thousand dinars and twelve thousand dirhams because that represented the market value of the camels in his time. His evidence is the tradition reported by ʿAmr ibn Shuʿayb, from his father, from his grandfather:

“During the lifetime of the Messenger of Allah ﷺ the diyah amounted to eight hundred dinars and eight thousand dirhams, while the diyah of the People of the Book was half that of the Muslims. It remained so until ʿUmar became caliph. He addressed the people, saying: ‘Camels have grown costly.’ Accordingly, ʿUmar fixed the diyah for those who pay in silver at twelve thousand dirhams, for those who pay in gold at one thousand dinars, for cattle-owners at two hundred head of cattle, for sheep-owners at two thousand sheep, and for those who pay in garments at two hundred suits. He left the diyah of the dhimmīs unchanged.”

Some scholars argued on Mālik’s behalf, saying that if ʿUmar’s valuation were merely a substitution it would amount to a debt for a debt, even though there is consensus that the diyah for accidental killing is payable over three years. Moreover, Mālik, Abū Ḥanīfah, and others agree that the diyah may only be taken in camels, gold, or silver.

Abū Yūsuf, Muḥammad ibn al-Ḥasan, and the seven Medinese jurists said: two thousand