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English translation
5417. It was narrated that Wâ'il said: "I saw the Messenger of Allâh ﷺ when a killer was brought by the heir of the victim by a string. The Messenger of Allâh ﷺ said to the heir of the victim: 'Will you forgive him?' 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 away.'
When he went and turned away from him, he called him back and said: 'Will you forgive him?' 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 away.' When he went and turned away from him, he called him back and said: 'Will you forgive him?' 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 away.' At that point the Messenger of Allâh ﷺ said: 'But if you forgive him, he will carry his own sin and the sin of your companion.' So he forgave him, and I saw him dragging his string." (Sahîh)
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Commentary
In the case of disputes which are pardonable and could be excused, pardon and excuse in such matters is commendable, because forgiveness and magnanimity end mutual enmity. Love for each other increases. The social environ becomes tranquil. Taking revenge is, however, permissible, but in the case of retaliation, the situation often turns flammable. Mutual displeasure and enmity raise their ugly heads. Therefore, the Divine law considers forgiveness superior to taking revenge, provided the other party admits its fault in humility and asks for forgiveness with sincerity. It is appropriate for the ruler to make efforts for conciliation in the above-quoted legal wrangles. If he is not able to do so, then he should judge between them rightfully and justly, although certain social crimes are such that they are not worthy of forgiveness, for instance, theft, adultery, etc. If such cases reach the court of law, it is compulsory to return a verdict upon them. Murder or killing falls in the category. (For further details pertaining to this narration, please see Hadith 4726 to 4735).
