Just as the left is not taken for the right. As for our position, it is that whoever is subject to retaliation for the soul between them, is also subject to it for the limb, like two free persons. What they mentioned is invalidated by retaliation in the soul; for equivalence is considered, evidenced by the fact that a Muslim is not killed for a protected infidel (musta'man). Furthermore, it follows that one must accept an incomplete limb for a complete one; because the equivalence has been found, with an excess, so it is obligatory to accept it if the claimant is satisfied, just as a hand with missing fingers is taken for a hand with all its fingers. As for the left and the right, they act like two souls due to the difference in their locations; for this reason, their surrogate value is equal, thus it is known that it is not considered incomplete in terms of the Sacred Law, nor is the rationale for them [in this regard] that.
1434 - Issue: He said: (And if they both killed him, and one of them is mistaken and the other is intentional, then there is no retaliation (qawad) against either of them, and upon the intentional one is half the blood money from his wealth, and upon the tribe (aqilah) of the one who erred is the other half, and upon him from his wealth is the freeing of a believing slave.)
As for the one who erred, there is no retaliation against him, according to the Book, the Sunnah, and the consensus (ijma'). As for the Book, it is the saying of Allah the Exalted: {And it was not for a believer to kill a believer except by mistake. And whoever kills a believer by mistake, then the freeing of a believing slave and a blood money paid to his family} (Quran 4:92). And He the Exalted says: {And there is no blame upon you for that in which you have erred} (Quran 33:5). As for the Sunnah, it is the saying of the Prophet (peace and blessings of Allah be upon him): "My nation has been pardoned for [what they do by] mistake and forgetfulness." The scholars have reached a consensus that there is no retaliation against him. As for his partner, most scholars do not consider there to be any retaliation against him. This was the view of al-Nakha'i, al-Shafi'i, and the people of opinion ( اصحاب الرأي). It has been narrated from Ahmad that there is
(4) Missing from: B. (5) In B there is an addition: "between them." (6) In M: "the soul." (7) In B: "in it." (1) Surah al-Nisa, 92. (2) Surah al-Ahzab, 5. (3) Its extraction (takhrij) preceded in: 1/146.