concerning offsetting and equivalence in cases of killing.

The Prophet, peace and blessings be upon him, said, “The ruling in Allah’s Book is retribution,” only when al-Rubayyi‘ broke a girl’s tooth and her people refused to accept compensation. Anas ibn al-Nadr said, “No! By Him who sent you with the truth, al-Rubayyi‘’s front tooth will not be broken!” The Prophet, peace and blessings be upon him, replied, “O Anas, the ruling in Allah’s Book is retribution.” The people then agreed to accept compensation, whereupon the Prophet, peace and blessings be upon him, said, “Among Allah’s servants are those whose oaths Allah would fulfil if they swore by Him.”

This accords with His words, Most High:

“Wounds are subject to equal retribution.”

“The ruling in Allah’s Book” means that a bodily part is taken for its counterpart. This is retribution because it establishes equality. Accordingly, the scholars unanimously agree that equivalence must be observed in bodily parts and wounds. If it is said, “Retribution means killing the victim’s killer, and no one else; it is therefore the opposite of transgression,” the answer is: Yes, but this is retribution among the living, not among the slain.

Second, He said:

“In cases of murder: a free person for a free person, a slave for a slave, and a female for a female.”

It is well established, by Muslim consensus, that a slave is executed for killing either a slave or a free person, and a female is executed for killing either a female or a male. A free man is executed for killing another free man and, according to the great majority of scholars, for killing a female as well. Some hold that his full blood money must be made up. That being so, His words:

“A free person for a free person, a slave for a slave, and a female for a female”

indicate only that one free person is offset against another, treated as equivalent to him, and set against him. The same applies to one slave against another and one female against another. This can only be when they have been killed: each is set against the other to determine whether they are equivalent or whether one exceeds the other in value. As for those killed, however, the Muslims unanimously agree that these pairings are not exclusive.

Third, He said:

“If anyone is pardoned anything by his brother.”

The word ‘ufiya (“is pardoned”)