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Aqal ma qila (the least of what was said)

أقل ما قيل

Aqal ma qila is a usuli principle: when the companions differ on an amount with several sayings, the least is taken unless evidence points to more; the example is the blood-money of a Jew. 1 The opposite is to take the most. 1 al-Shafi'i and al-Baqillani hold it valid; Ibn Hazm denies it. 12

Depth

At a glance

Era
The Prophetic Era
Region
Global / Diaspora
Review
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Law and courts

Definition

In usul, taking the least of what was said means that when companions disagreed on a set amount, and gave several sayings, the least is taken unless evidence points higher. The example is their disagreement on the blood-money of a Jew: equal to a Muslim's, half, or a third. Taking a third is taking the least said. 1 It is close to taking the lightest, which differs in quantity and in kind. Its opposite is taking the most. 1

Ruling

Usulis disagree on whether it is a proof. al-Shafi'i and al-Baqillani held it valid, and al-Qadi Abd al-Wahhab is said to have reported agreement among some. Ibn Hazm denied it and reported the view that one should take the most to be certain of discharging the obligation. 12

Where it is treated

It is discussed under istidlal, which in usul means proofs that are neither text, consensus nor analogy. 1

People and things also explored

Ahliyya (legal capacity: to have rights and duties, and to act; its stages from the womb to full maturity, and what impairs it)· Democracy and the Sharia — compatibility and conflict· Fatwa on the satellite channels — its benefit and harm· Secularism and Islam — conflict or concord· Stoning (rajm) as a penalty for zina· Allusion to a proposal during the waiting period· Aman (safe-conduct granted to enemies in war)· Amana (trust, deposit and what is entrusted)

Sources

  1. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3232
  2. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3233
Cite this page

islam.museum contributors. “Aqal ma qila (the least of what was said)”. islam.museum, https://islam.museum/en/concept/aqal-ma-qila/. CC BY-SA 4.0. Last updated 2026-10-23.

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Ideas

Beliefs, concepts, sciences and schools, explained in plain words. Related

Ahliyya (legal capacity: to have rights and duties, and to act; its stages from the womb to full maturity, and what impairs it)

Ahliyya is lexically suitability, and it is of two kinds: capacity to have rights and duties, the capacity of liability; and capacity to act, that is to perform acts recognised by the law. Its bearer passes through the stages of the foetus, childhood, discernment, puberty and maturity. Liability is complete from birth and incomplete for the foetus; the capacity to act is partial at discernment and full with puberty and reason. It is affected by heavenly impediments such as madness, imbecility, sleep, fainting, illness, slavery, menstruation, childbirth and death, and by acquired ones such as ignorance, drunkenness, jest, folly, travel, error and coercion.