Section: If a Muslim injures a Dhimmi, then apostatizes, and the injured person dies, he is not executed for him; because equivalence is a condition at the time the offense occurs, and it was not present. If he kills someone he knows to be a Dhimmi or a slave, and he had [previously] accepted Islam or been emancipated, retribution is obligatory; because he intentionally and wrongfully killed someone equivalent to him, so retribution is binding upon him, just as if he had known his status. This is different from the case of someone he knew to be a Harbi, because he did not intend to kill someone whose blood is protected.

1422 - Issue; he said: "And no free person [is killed] for a slave."

This has been narrated from Abu Bakr, Umar, Ali, Zayd, and Ibn al-Zubayr, may Allah be pleased with them. This is also the view of al-Hasan, Ata', Umar ibn Abd al-Aziz, Ikrimah, Amr ibn Dinar, Malik, al-Shafi'i, Ishaq, and Abu Thawr. [It was narrated from al-Sha'bi, and narrated] from Sa'id ibn al-Musayyib, al-Nakha'i, Qatadah, al-Thawri, and the People of Opinion (Ashab al-Ra'y) that he is executed for him, due to the generality of the verses and reports, and the saying of the Prophet, peace and blessings be upon him: "The blood of the believers is equivalent." And because he is a protected human being, so he resembles the free person. We argue based on what Imam Ahmad narrated, with his chain of authority from Ali, may Allah be pleased with him, that he said: "It is from the Sunnah that a free person is not killed for a slave." [And from Ibn Abbas, that the Prophet, peace and blessings be upon him, said: "A free person is not killed for a slave."] Narrated by al-Daraqutni. And because his limb is not cut for his limb despite their equality in physical integrity, he is not executed for him, like the father with his son. Furthermore, the slave is deficient due to slavery, so the free person is not executed for him, like the Mukatab (contracted slave) when he possesses what he is to pay. The general texts are particularized by this, so we draw an analogy upon it.