The first is that the right to blood money lapses, and the remaining next of kin are entitled to nothing. This is Ibn al-Mājishūn’s opinion.

The second is that the remaining next of kin are entitled to their shares of the blood money without taking the qasāma oaths if the pardon is granted after the right to retaliation has been established, or upon taking those oaths if the pardon is granted beforehand.

The third is Ibn al-Qāsim’s distinction between a pardon granted before the right to retaliation has been established and one granted afterward. Ibn al-Qāsim treats granting a pardon and declining to swear alike before qasāma. After qasāma, however, he distinguishes between one of the next of kin granting a pardon and declaring his own sworn claim false. He treats the latter after qasāma like a pardon granted before qasāma: the remaining next of kin are entitled to no blood money, as we have explained.

If the next of kin are men with no women among them, or sons and daughters, or brothers and sisters, the ruling on granting a pardon is the same whether the right to retaliation is established through witness testimony or qasāma. If, however, the next of kin are daughters, or brothers and sisters, or agnatic relatives, there are three opinions:

The first is that whoever seeks retaliation takes precedence, and a pardon may be granted only by their unanimous agreement, whether the right to retaliation is established through witness testimony or qasāma. This is Ibn al-Qāsim’s position.

The second is that this applies only when the right to retaliation is established through witness testimony. If it is established through qasāma, the women have no right alongside the men either to grant a pardon or to demand retaliation, because it is the men who have established their entitlement to retaliation through their qasāma oaths. This is Ibn al-Qāsim’s position as transmitted from him by ʿĪsā.

The third is that if the right to retaliation is established through witness testimony, the women have the prior right both to demand retaliation and to grant a pardon, because they are more closely related to the deceased than the men. If it is established through qasāma, whoever seeks retaliation takes precedence, and a pardon may be granted only by their unanimous agreement. Mutarrif and Ibn al-Mājishūn transmitted this opinion from Mālik.

Section

If the next of kin are daughters, sisters and agnatic relatives, and the right to retaliation is established through witness testimony, the agnatic relatives have no right alongside the women either to grant a pardon or to demand retaliation. If, however, it is established through the qasāma oaths of the agnatic relatives, there are two opinions: