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Text and translation
English translation
4499. It was narrated from Hamzah Abū 'Umar Al-'Ā'idhī (he said): 'Alqamah bin Wā'il narrated to me, he said: Wā'il bin Hujr narrated to me, he said: I was with the Prophet ﷺ, when a man who had killed someone was brought, with a rope around his neck. He called the heir of the victim, and said "Will you pardon?" He said. "No." He said: "Will you accept the Diyah?" He said, "No." He said: "Will you kill him?" He said, "Yes." He said: "Take him." When he turned away, he said: "Will you pardon?" He said. "No." He said: "Will you accept the Diyah?" He said, "No." He said: "Will you kill him?" He said, "Yes." He said: "Take him." The fourth time he said: "If you forgive him, he will bear his own sin, and the sin of his companion (the one whom he killed)." So he forgave him." He said: "And I saw him dragging his rope." (Sahih)
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Commentary
If there is fear of the offender running away, then it is allowed to detain him. If the murderer is killed due to legal retaliation, it is hoped that him submitting to the penalty will also count as his atonement. In the case of blood money or pardon, Allāh will judge him as He wills.
