their release is valid, and they have the right to seek recourse against the killer of their ancestor for the share of his pardoning brother. And if we say: "He has recourse against his partner," he possesses the right to demand it, and his release is valid, and the heirs of the perpetrator have no right to demand anything from him. Among the benefits of this is that, when we say: He has recourse against the estate of the perpetrator, and he [the perpetrator] has an estate, he is entitled to take from it, regardless of whether it is possible for his heirs to obtain it from the partner or not. But if we say: "He has recourse against his partner," he has no right to demand anything from the heirs of the perpetrator, regardless of whether his partner is wealthy or indigent.

1455 - Issue: He said: "And whoever among the heirs of the slain person pardons the retaliation, there shall be no way to pursue retaliation, even if the one pardoning is a husband or a wife."

Scholars have unanimously agreed on the permissibility of pardoning retaliation and that it is superior. The foundation for this is the Book and the Sunnah. As for the Book, it is the saying of God Almighty in the context of His statement: {Prescribed for you is legal retribution for those murdered} - {But if his brother grants any remission, then a fitting follow-up and payment with kindness} [Quran 2:178]. And He, the Almighty, said: {And We prescribed for them therein: A life for a life}, up to His statement: {And whoever gives it up as charity, it is an expiation for him} [Quran 5:45]. It is said in its interpretation: It is an expiation for the perpetrator by the owner of the right pardoning him. It is also said: It is an expiation for the one who pardons through his charity. As for the Sunnah, Anas bin Malik said: I did not see the Messenger of God, peace and blessings be upon him, have anything brought before him in which there was retaliation, except that he commanded pardon in it. Narrated by Abu Dawud. And in his hadith regarding the story of Al-Rubayyi' bint al-Nadr, when she broke a tooth...