does not deserve to be killed, then retaliation is upon him, not the commander, because he is not excused for his action. The Prophet (may Allah bless him and grant him peace) said: "There is no obedience to a created being in disobedience to the Creator." It was also narrated from him (peace be upon him) that he said: "Whichever of the governors commands you to do something that is not in obedience to Allah the Almighty, do not obey him." Thus, retaliation is binding upon him, just as if someone other than the Sultan had ordered him. If he did not know this, then retaliation is upon the commander, not the commanded, because the commanded is excused due to the obligation of obeying the Imam in matters that are not sinful, and the appearance is that he would only command what is right. If someone from the subjects other than the Sultan commands him to kill, and he kills, then retaliation (qawad) is upon the commanded in all cases, whether he knew or did not know, because he is not obliged to obey him, and he has no right to kill under any circumstances. This is unlike the Sultan, for the execution of killing for apostasy, adultery, and highway robbery (if the robber has killed) belongs to him, and he administers retaliation on behalf of the people; whereas this person [the private individual] has no authority over any of that. If the Sultan compels him to kill someone or flog him unjustly, and he dies, then retaliation is upon both of them. If blood money (diya) is required, it is upon both of them. If the Imam believes in the permissibility of the killing while the commanded does not—such as a Muslim who killed a Dhimmi (protected non-Muslim), or a free man who killed a slave—and he executes him, Al-Qadi said: The liability is upon him [the commanded] and not the Imam, because the Imam ordered him to do what his own ijtihad (legal reasoning) led him to, but the commanded does not believe it is permissible, so he should not have accepted his order; when he kills him, he incurs the liability because he killed someone it was not lawful for him to kill. It is appropriate to differentiate between a layman (al-'ammi) and a mujtahid; if he is a mujtahid, the ruling is as Al-Qadi stated. If he is a follower (muqallid), there is no liability upon him because he has the right to follow the Imam in what he holds. If the Imam believes it is forbidden, but the killer believes it is permissible, then the liability is upon the commander, just as if the master who does not believe in the prohibition of killing had ordered it. And Allah knows best.