is used here transitively. He says ‘ufiya … shay’un (“something was pardoned”), not ‘afā … shay’an (“he pardoned something”). This usage applies only to an act, as in His words, Most High:

“They ask you what they should spend. Say, ‘Whatever is surplus.’”

As for waiving execution, the expression used is, “I pardoned the killer.” The slain person’s heir has two options, including waiving execution and taking blood money. Nothing has then been pardoned for him; rather, he himself has waived execution. If he waives it, there are two views as to whether he becomes entitled to blood money by that act itself, or without the killer’s consent.

Some have interpreted “from his brother” to mean “from his brother’s blood”: that is, he spared him execution and accepted blood money. The person intended is the killer, meaning that the killer was pardoned something of the blood of his slain brother—that is, he was spared execution. The implied wording would therefore be that the heir pardoned something for the killer from the slain person’s blood. Yet this is not a recognized expression. One does not say, “I pardoned something for you,” nor, “I pardoned something from the killer’s blood.” Rather, one says that he pardoned the killer. How can these expressions be equated?

According to the first interpretation, however, when the two parties offsetting their claims count their slain against one another, “whoever is left with something in his favour” means whoever has a further claim remaining after offsetting his brother’s claim. That is, a surplus remains in his favour. It is like asking, “Does any balance remain due to him from his brother?”

“Then there should be a claim made fairly.”

The person entitled to this surplus should pursue his claim against the other party fairly, and the latter should pay him graciously.

“That is a concession and a mercy from your Lord.”

That is, relief from each party having to pay compensation for all those slain on the other side, which would impose a very heavy burden upon it.

“And in retribution there is life for you.”

For they