Anas said: “No case involving legal retaliation was ever brought before the Messenger of Allah, peace and blessings be upon him, without his enjoining pardon in the matter.” It was narrated by Abū Dāwūd and others (1).

Muslim also narrated in his Sahīh (2), on the authority of Abū Hurayrah, may Allah be pleased with him, that the Messenger of Allah, peace and blessings be upon him, said: “Charity does not diminish wealth; Allah only increases a servant in honor when he pardons; and no one humbles himself for Allah except that Allah raises him.”

The equivalence we have discussed applies to one free Muslim in relation to another. As for a protected non-Muslim subject, the majority of scholars hold that he is not the Muslim’s equal for purposes of legal retaliation, just as a foreign non-Muslim granted safe-conduct who comes from the lands (3) of the disbelievers as an envoy, merchant, or the like is, by consensus, not his equal. Some scholars, however, hold that the protected non-Muslim is his equal. There is likewise disagreement over whether a free person may be put to death for killing an enslaved person.

According to the great majority of scholars, numerical equality is not required. Thus, if several people killed one person, they would all be put to death for him. Umar ibn al-Khattāb, may Allah be pleased with him, said: “Had all the people of Sanaa conspired together against him, I would have exacted retaliation from them all for his death” (4). Similarly, Ali ibn Abī Tālib, may Allah be pleased with him, spoke concerning those who had testified that a man had committed theft, whereupon he had the man’s hand amputated, and then retracted their testimony. He said: “Had I known that you