Chapter on the Conditions for Enforcing Qiṣāṣ (retaliatory execution)

There are three conditions:

1. Legal competence of the right-holder. If the person entitled to qiṣāṣ is a minor or insane, the killer is detained until that right-holder attains competence. Should the detainee require maintenance1, the guardian of the insane person alone may pardon him in exchange for the diya (blood money).

2. Unanimous agreement of all the heirs entitled to qiṣāṣ. No single heir may act independently; enforcement is postponed until the absentee returns2 and until any heir lacking competence becomes competent. If one of the entitled heirs dies, his heir inherits his place. Should any of them—husband, wife, or otherwise—pardon the offender, or even acknowledge that a fellow heir has pardoned him, the right to qiṣāṣ lapses.

3. Assurance that enforcing qiṣāṣ will not harm a third party. Thus, if a pregnant woman is liable to qiṣāṣ, she is not executed until she has delivered; if a wet-nurse can then be found, the sentence is carried out. If none can be found3, the execution is deferred until she has nursed the child for two full years.