But if he owed no debt and all the heirs are legally competent, then we must think carefully and consider: Is this man one of those reckless people who have no concern, of whom it is said that they declare, “We do not care—the blood money is in the car’s drawer!”? Such a person should not be met with pardon; rather, he should be dealt with firmly, so that it may deter him and others like him among the reckless.
The author’s evidence that pardon is preferable is the saying of Allah, Exalted is He: “But to forgo it is nearer to piety.” [al-Baqarah 2:237] And, in His description of the God-fearing: “and who pardon people.” [Al ‘Imran 3:134] But we say: Allah, Exalted is He, says, “But to forgo it is nearer to piety.” So if pardon conflicts with piety, how can it be nearer to piety?! And His saying, Exalted is He, “and who pardon people,” is followed by His saying: “And Allah loves the doers of good.” Thus, if pardon is not an act of goodness, the one who grants it is not praised.
“If he chooses retaliation, or waives only the blood money, then he may take it and settle for more than it, …”
His statement, “If he chooses retaliation or waives only the blood money,” rather than retaliation, “then he may take it”: that is, if he chooses retaliation, he may take the blood money; but if he chooses the blood money, then he is not entitled to retaliation—that is, execution in retribution. For example, the guardian of the slain person is told: “You have the choice: if you wish, exact retaliation; and if you wish, take the blood money.” He says, “I want retaliation.” Then, afterward, he reflects and says, “I will gain nothing from having him killed.” So he returns to us and says, “I want the blood money.” He is entitled to do so, because he has moved from the more severe option to the lighter one.
But if the offender says, “I do not accept his relinquishment; retaliation is preferable to me,” then the apparent meaning of the author’s words is that he has no such right, and that the choice rests with the heirs of the slain person.