intentionally (12), it is subject to retaliation." Narrated by Abu Dawud (13). In a wording narrated by Ibn Majah (14): "Whoever kills intentionally (15), it is subject to retaliation, and whoever intervenes between him and it, upon him is the curse of Allah, the angels, and all the people (15), no obligatory or optional act will be accepted from him." Al-Khiraqi’s statement: "If the heirs unite against him." This means if the murdered person has heirs who are entitled to legal retribution, it is a condition for its obligation that they all agree upon seeking it. If one of them pardons, the whole [right to retaliation] falls. If some of them are absent or legally incompetent (16), their partners (17) do not have the right to retaliation until the absent person arrives and chooses retaliation or appoints a proxy, and until the young child reaches the age of maturity and the insane person recovers and [both] choose it. His statement (18): "If the murdered person is a free Muslim." This means he must be a match (mukafi') for the killer. If the killer is a free Muslim, it is required that the murdered person be a free Muslim in order to realize (19) the state of being a match between them, because a disbeliever is not a match for a Muslim, and a slave is not a match for a free person.
Section: The scholars have reached a consensus that a free Muslim is to be executed in retaliation for their killer, even if [the victim] had amputated limbs or lacked senses, while the killer was healthy and of sound body, or vice versa. Likewise, if they differ in knowledge, nobility, wealth, poverty, health, illness, strength, weakness, age, status of leadership, or commoner status, and similar such attributes, it does not prevent the application of retaliation by consensus. The general proofs that we recited indicate this, as well as the statement of the Prophet (peace and blessings of Allah be upon him):
(12) In the sources of authentication: "'amdan" (intentionally). (13) In: The Chapter on one who is killed in an obscure incident among a group, from the Book of Blood Money. Sunan Abi Dawud 2/490. It was also narrated by Al-Nasa'i, in: The Chapter on one who is killed with a stone or a whip, from the Book of Qasamah. Al-Mujtaba 8/35. And by Ibn Majah, in: The Chapter on one who intervenes between the guardian of the murdered person and the retaliation or blood money, from the Book of Blood Money. Sunan Ibn Majah 2/880. And by Imam Ahmad, in: Al-Musnad 1/63. (14) In the previous chapter, as also narrated by Abu Dawud, in the previous chapter as well. (15) Omitted from B. (16) Omitted from the original. (17) In B: "li-sharikihi" (to his partner). (18) In M: "qawluhum" (their statement). (19) In M: "li-tahaqquq" (for the realization). (20) In M there is the addition: "kana" (was). (21) In B: "idha" (if).
