Chapter: Carrying Out Retaliation

Its execution is subject to three conditions. The first is that the person entitled to it be legally competent. If he is a minor or insane, retaliation is not carried out, and the offender is imprisoned until the minor reaches maturity or the insane person recovers.

We have conditions for retaliation and conditions for carrying out retaliation. The conditions for retaliation are the conditions for its being established, whereas the conditions for carrying it out are the conditions for its implementation and execution—namely, putting the killer to death. Which of the two is asked about first? One asks first about the conditions for it to be established. Once it is said that these have been met, one then asks about the conditions for carrying out and implementing retaliation.

His statement, “Its execution is subject to three conditions,” means that carrying out retaliation is subject to three conditions.

His statement, “The first is that the person entitled to it be legally competent,” means mature and sane. Those entitled to retaliation are the heirs of the slain person. Accordingly, it is stipulated that the heirs of the slain person be legally competent, whether they inherit from him by a causal relationship, lineage, or kinship—whether through prescribed shares or as residuary heirs.

A causal relationship includes marriage and clientage; lineage means blood relationship. Accordingly, both the wife and the husband have the right to carry out retaliation.

His statement, “If he is a minor or insane, retaliation is not carried out,” means that if the person entitled to retaliation is a minor or insane, it is not carried out, due to the absence of legal competence. But what is to be done with the offender? The author explains this, saying:

“And the offender is imprisoned until maturity and recovery.” Thus, if the person entitled