Ibn Nujaym stated that retaliation (qiṣāṣ) differs from the prescribed punishments (ḥudūd) in seven respects, among them:

1. A ḥadd is not inheritable, whereas the right to qiṣāṣ passes to the heirs.
2. Pardon is valid in cases of qiṣāṣ, but not in the ḥudūd, except for the ḥadd of slander (qadhf).
3. Intercession is admissible with respect to qiṣāṣ but not with respect to the ḥudūd.
4. The enforcement of qiṣāṣ depends on a formal claim, unlike the ḥudūd—save for the ḥadd of slander.

Thirty-First Maxim: Obligation is linked to ability; there is no duty when one is incapable, and no prohibition in a case of necessity.
Explanation: Whoever is unable to fulfill an obligation is exempt from it:
• If someone cannot perform the pillars, conditions, or essentials of prayer, the sick person prays according to his capacity.
• Fasting is waived for those who are permanently unable to fast because of old age or an illness with no hope of recovery.
• Jihad is not required of the blind, the lame, and the like.
• The same applies to the gradations of enjoining right and forbidding wrong.
This far-reaching maxim is drawn from Allah’s words, “So fear Allah as much as you are able” (64:16), the Prophet’s saying, “When I command you to do something, do of it what you can,” and many other texts.
As for the second half of the maxim, whatever the Law forbids becomes permissible in a state of necessity, for Allah says, “He has clearly explained to you what He has forbidden you—except when you are compelled to it” (6:119). This is a foundational legal principle.

Thirty-Second Maxim: The Sharia is built upon two foundations—sincerity to Allah and following the Messenger ﷺ.
Explanation: These two foundations are conditions for every act of worship, outward or inward. The soundness and acceptance of words uttered by the tongue, deeds performed by the limbs, and actions of the heart all hinge on realizing