The majority, however, hold that the penalty is due from both a first-time and a repeat offender.

As for His words in the Quran:

“But whoever repeats the offense, Allah will take vengeance upon him,”

it has been said that this refers to one who returns to doing so in Islam, after Allah had pardoned what he did during the Age of Ignorance and before this verse was revealed. This is similar to His words:

“Do not marry women whom your fathers married, except what has already passed” [Surah al-Nisā: 22];

His words:

“Nor combine two sisters in marriage, except what has already passed” [Surah al-Nisā: 23];

and His words:

“Tell those who disbelieve that if they desist, what has already passed will be forgiven them” [Surah al-Anfāl: 38].

This interpretation is supported by the fact that, if the meaning were that Allah pardoned the first offense, He would neither have imposed a penalty upon him nor taken vengeance upon him. Yet He imposed the penalty upon him for the first offense and said:

“So that he may taste the evil consequences of his deed” [Surah al-Māida: 95].

How, then, could Allah have pardoned someone whom He made taste the evil consequences of his deed?

Moreover, His words, “what has already passed,” are general in wording, and a general expression unaccompanied by any indication restricting its scope cannot be intended by it (1) to mean a single occurrence; that is not how the Arabs use their language.

Even if it were assumed that the verse meant, “Allah pardoned the first offense,” and that His words, “But whoever repeats the offense,” referred to killing game again, Allah’s taking vengeance upon him for repeating the offense would not waive the penalty due from him. Making the sin more severe does not waive what is obligatory (2), just as when someone kills one person after another (3), this does not exempt him from retaliation (4), blood money, or expiation.