"Decreed upon you is legal retribution for those murdered" (2). And the Almighty said: "And there is life for you in legal retribution" (3). He intends—and Allah knows best—that the obligation of retaliation prevents the one who intends to kill from doing so, out of compassion (4) for his own self from being killed, thus life is preserved in the one whose killing was intended. It is said: indeed, enmity develops between the killer and the tribe of the murdered person, so he intends to kill them out of fear of them. They intend to kill him and kill his tribe as a form of exact satisfaction, so in retaliating against him according to the ruling of the Sharia is a cessation of the cause of destruction between the two tribes. The Almighty said: "And We ordained for them therein a life for a life" (6), to the end of the verse. The Prophet (peace and blessings of Allah be upon him) said: "Whoever has a person killed for him, he has the better of two choices: either he is killed, or he is ransomed." Agreed upon (7). Abu Shurayh al-Khuza'i narrated that the Messenger of Allah (peace and blessings of Allah be upon him) said: "Whoever is afflicted by blood or wounding (8), he has a choice between one of three options; if he wants a fourth, then restrain his hand: that he kills, or pardons, or takes the blood money." Narrated by Abu Dawud (9). In another wording: "Whoever has a person killed for him after this statement of mine, his family is between two choices: that they take the blood money, or they kill" (10). He (peace be upon him) said: "Intentional [killing] is subject to retaliation, unless the guardian of the murdered person pardons" (11). In another wording: "Whoever kills
(2) Surah Al-Baqarah, 178. (3) Surah Al-Baqarah, 179. (4) In the original and B: "shafaqan". (5) In the original: "al-iqsas". (6) Surah Al-Ma'idah, 45. (7) Its authentication has preceded on page 448. (8) Al-khabl: the wound. (9) In: The Chapter on the Imam ordering pardon in cases of blood, from the Book of Blood Money. Sunan Abi Dawud 2/478. It was also narrated by Ibn Majah, in: The Chapter on the one for whom a person is killed, he has a choice between one of three options, from the Book of Blood Money. Sunan Ibn Majah 2/876. And Al-Darimi, in: The Chapter on blood money in cases of intentional killing, from the Book of Blood Money. Sunan Al-Darimi 2/188. And Imam Ahmad, in: Al-Musnad 4/31. (10) Narrated by Abu Dawud, in: The Chapter on the guardian of the intentional victim agreeing to blood money, from the Book of Blood Money. Sunan Abi Dawud 2/480. (11) Narrated by Al-Daraqutni, in: The Book of Hudud and Blood Money and others. Sunan Al-Daraqutni 3/94. And Ibn Abi Shaybah, in: The Chapter on the one who said: intentional killing is subject to retaliation, from the Book of Blood Money. Al-Musannaf 9/365.
