Chapter: Pardoning Retaliation

In cases of deliberate homicide either retaliation (qiṣāṣ) or the blood money (diyah) becomes due, and the heir is free to choose between the two. Forgiving the offender without taking anything is better, for “to pardon is closer to God-fearing.” If he first selects retaliation—or waives only the right to diyah—he may still accept the diyah and even conclude a settlement for more than its standard amount. But if he chooses the diyah outright, issues a general pardon, or the offender dies, he may claim nothing beyond the diyah.

If someone intentionally severs a finger and the victim pardons him, then the injury spreads to the hand or results in death, that earlier pardon—when it was given gratis—cancels any further claim. If, however, the pardon was in return for money, the victim is entitled to the balance that completes the full diyah.

When a person appoints an agent to exact retaliation and later pardons the offender, yet the agent, unaware of the pardon, still carries out the retaliation, no liability falls on either of them.

If a slave is entitled to retaliation or to a discretionary punishment for slander, the right to demand or waive it rests with the slave himself; should he die, it reverts to his master.