upon it, the imam may carry it out upon him. But if he withdraws his request for its enforcement, whether verbally or by his actions, the punishment is waived from him. This differs from the case where it has been established through testimony, for then it is carried out in all circumstances.

How do we know of their repentance? We know it when they lay down their weapons and come repentant—either all of them, or by sending one of their number as a messenger to the imam, saying, “The group has drawn up this covenant and pledged not to return to what they were doing.” At that point, we know that they have repented.

His statement, “What was due to Allah of banishment is waived from them,” means that this is because no right belonging to another person is involved.

His statement, “and amputation,” means that repentance waives the amputation of the hand and foot on opposite sides.

His statement, “and crucifixion,” means that crucifixion is waived, because it is among the rights due to Allah.

His statement, “and the obligatory execution,” means that repentance waives from them the mandatory nature of execution. The author did not simply say, “and execution,” because if they kill someone whose life is legally equal to theirs, and the slain person’s heirs demand execution, they are executed even if they repent. But if they do not repent, their execution is mandatory, whether they killed one legally equal to them or not. Thus, what is waived from them is what is due to Allah, namely four matters: banishment, amputation, crucifixion, and mandatory execution.

Accordingly, if they killed a Muslim man and his heirs demand retaliation, is retaliation carried out against him? Yes, retaliation is carried out against him. This is why the author says:

“They are held accountable for what is due to other people with respect to life, limb, and property, unless they are pardoned for it. Whoever is attacked in his life, inviolability, or property by a human being or an animal may repel it by the least force that he reasonably believes will repel it. If it cannot be repelled except by killing, then he may do so, and he bears no liability, …”

“They are held accountable for what is due to other people with respect to life, limb, and property.” The author—may Allah have mercy on him—should have said, “and mandatory amputation,” because the author holds that if they commit an amputation for which retaliation is due, its enforcement is mandatory, contrary to the established position of the school.