Allah be pleased with him: If I wish, I may pardon, and if I wish, I may exact retaliation. As for the Khawarij, the correct view, as we have mentioned, is that killing them is permissible; therefore, there is no retaliation (qisas) upon the killer of any one of them, nor is there any liability upon him regarding their property.

1534 - Issue: He said: (And when they are repelled, no one fleeing from them is to be pursued, [nor is it permitted to finish off] (1) their wounded (2), nor is their prisoner to be killed, nor is their property to be taken as spoils, and their offspring are not to be taken as captives (3)).

[The gist of the matter] (4) is that when the people of rebellion cease fighting—whether by returning to obedience, by laying down their arms, by fleeing to a faction or to no faction, or by incapacity due to wounds, illness, or capture—it is forbidden to kill them or pursue those among them who are fleeing. Al-Shafi'i held this view. Abu Hanifah said: If they are defeated and have no faction to join, it is as we said. But if they have a faction to which they can resort, it is permissible to kill those who flee and their prisoners, and to finish off their wounded. If they have no faction, they are not to be killed, but they are to be beaten severely and imprisoned until they desist from what they are upon and repent. They (5) mentioned this regarding the Khawarij. Something similar is reported from Ibn Abbas. Some of Al-Shafi'i's companions preferred this because when they are not killed, they might gather again and return to fighting. Our evidence is what was narrated from 'Ali, may Allah be pleased with him, that he said on the day of Al-Jamal: Do not finish off (6) a wounded man, do not violate a veil (7), do not break open a door, and whoever shuts his door is safe; and do not pursue one who is fleeing (8). Something similar has been narrated from 'Ammar. And from 'Ali, may Allah be pleased with him, that he...