Regarding His saying, “But whoever is pardoned anything by his brother”: that is, he is released and pardoned from the obligation incumbent upon him—namely, legal retribution for intentional killing—and blood money is accepted instead. This is the view of most exegetes. They said: Pardon is to accept blood money in cases of intentional killing. His saying, “by his brother,” means from the blood of his brother; by “brother” He means the slain person. The two pronouns in “for him” and “by his brother” refer back to “whoever,” namely, the killer. His saying, “anything,” indicates that if one of the legal heirs pardons, legal retribution is waived, because some share of the blood claim has been relinquished.
Regarding His saying, “then there should be a suitable follow-up”: the one seeking blood money must pursue it in a fitting manner and not demand more than his due.
“And payment to him with good conduct”: the person from whom payment is sought must pay the blood money graciously, without delay. Each of the two is commanded to act graciously concerning both what is due to him and what he owes. The view of most scholars among the Companions and the Successors is that, if the victim’s legal heir waives legal retribution in exchange for blood money, he is entitled to take the blood money even if the killer does not consent. Others said that he has no right to blood money except with the killer’s consent. This was the view of al-Hasan, al-Nakha‘i, and the proponents of legal opinion. The proof for the first view is what Abd al-Wahhab ibn Muhammad al-Khatib informed us: Abd al-Aziz ibn Ahmad al-Khallal informed us; Abu al-Abbas al-Asamm informed us; al-Rabi‘ informed us; al-Shafi‘i informed us; Muhammad ibn Isma‘il ibn Abi Fudayk informed us, from Ibn Abi Dhi’b, from Sa‘id ibn Abi Sa‘id al-Maqburi, from Abu Shurayh al-Ka‘bi, that the Messenger of Allah, peace and blessings be upon him, said: “Then, O Khuza‘ah, you have killed this slain man from Hudhayl, and by Allah, I shall pay his blood money. Whoever kills another person after this, his family has two choices: if they wish, they may execute him; and if they wish, they may take the blood money.” (1)
Regarding His saying, “That is an alleviation from your Lord and a mercy”: that is, what I have mentioned of waiving legal retribution and taking blood money is an alleviation from your Lord and a mercy. This is because legal retribution for life and wounds was mandatory upon the Jews in the Torah, and they were not permitted to take blood money; while under the law of the Christians there was blood money, but they did not have legal retribution. Thus, Allah Most High gave this community the choice between legal retribution and pardoning in exchange for blood money, as an alleviation and mercy from Him.
“But whoever transgresses after that”—by killing the offender after granting pardon and accepting the blood money—“shall have a painful punishment”: he is to be executed in legal retribution. Ibn Jurayj said: His execution becomes binding, such that no pardon may be accepted for him. The verse also proves that a killer does not become an unbeliever by killing, for Allah Most High addressed him after the killing with the address of faith, saying: “O you who believe, legal retribution for those killed has been prescribed for you.” At the end of the verse, He says: “But whoever is pardoned anything by his brother,” by which He means the brotherhood of faith. Thus, He did not sever the bond of brotherhood between them because of the killing.
“And there is life for you in legal retribution, O people of understanding, so that you may be mindful of Allah. (179)”
Regarding His saying, “And there is life for you in legal retribution”: that is, preservation of life. This is because, when one intending to kill knows that, if he kills,