Chapter: The Inheritance of the Killer, the Partially Emancipated Slave, and Clientage
Whoever alone kills the person from whom he would inherit, or participates in killing him—whether directly or indirectly—without right, does not inherit from him if he incurs retaliation, blood money, or expiation. The legally accountable person and others are alike in this regard, ...
His statement, “Chapter: The inheritance of the killer, the partially emancipated slave, and clientage”: the “killer” is well known: one who takes a person’s life, whether indirectly or directly. The “partially emancipated slave” is one who is partly free and partly enslaved. “Clientage” means: what is clientage, and how does one inherit through it?
His statement, “Whoever alone kills the person from whom he would inherit”: such as one who takes a sword and cuts off his head—this is acting alone. Or he runs him over with a car unintentionally, but by mistake; this too is acting alone.
His statement, “or participates in killing him”: such as when responsibility for an accidental traffic incident is shared between him and another person, or when two people jointly kill him, each killing him with his own arrow.
His statement, “directly”: meaning that he himself directly performs the act that causes death.
His statement, “or indirectly”: such as when he digs a pit in front of him and he falls into it. Here, he did not directly commit the act, but he was its cause.
His statement, “without right”: if it is done with right—as the author will mention—then he inherits.
His statement, “does not inherit from him if he incurs retaliation, blood money, or expiation”: retaliation applies in the case of intentional killing; blood money applies in the case of accidental or شبه عمد (quasi-intentional) killing; and expiation is due—according to the well-known position of the school—if he kills someone among the ranks of the disbelievers, due to the saying of Allah, Most High:
“But if he was from a people hostile to you, yet he was a believer, then the freeing of a believing slave is required.” [al-Nisaʾ 4:92]
He did not mention blood money. This concerns the believer