then there should be a suitable follow-up, and payment to him in a good manner.” From His saying, “But whoever is pardoned anything by his brother,” it is understood that the one entitled to retaliation may pardon and accept blood money. Hence He says, “then there should be a suitable follow-up”—this is from the Quran.
From the sunnah is the Prophet’s saying: “Whoever has a relative killed has the choice of one of two options: either retaliation is carried out, or blood money is paid.” (1) That is, either retaliation is carried out for the slain person, or his blood money is paid.
His saying, “the choice of one of two options,” plainly establishes that the choice belongs to the guardians of the slain, for he said, “Whoever has a relative killed.” Accordingly, the killer has no choice. If the killer were to say, “Kill me; I want the money to go to my heirs,” he has no say in the matter. Rather, the choice belongs to the guardians of the slain. This is because the offender is a wrongful transgressor, and it is therefore not fitting that he be given a choice. As for the guardians of the slain, they have been wronged, and their dignity has been violated by the killing of their deceased relative; hence the choice belongs to them. This is why the author says, “The guardian may choose between them.”
His statement, “and his pardon,” means the pardon of the guardian of the slain.
His statement, “without compensation,” means without anything in return.
His statement, “is better,” means better than retaliation and than blood money.
Thus, there are three alternatives: retaliation, blood money, and pardon without compensation. The guardians of the slain may choose among these three.
There is a fourth possibility concerning which the scholars differ: namely, reaching a settlement in exchange for more than the blood money in lieu of retaliation. This will come later in the author’s discussion, Allah willing, and we shall clarify the correct view concerning it.