ent upon him to submit
to punishment simply because retaliation is demanded. He has the right
of refusal until he collects half the amount of compensation [for his
own killing]. The legal authority has no right to apply retaliation to
him before that.
In other words, the terms of the verse establish that the substitute for
a woman is a woman and, hence, a man cannot substitute for her,
Accordingly, there is nothing in the verse that could cause its
abrogation. Yet it is true that outside evidence estab lishes that it
is obligatory for a man who kills a woman to surrender for retaliation
when the avenger of the blood of the woman has paid half of the
compensation [due for killing a man as a substitute for a woman]. Thus
the man [who killed the woman] would constitute the total [indemnity] of
the [murdered] woman; [but because] he substituted for her [in
retaliation], he [additionally] receives half [of his own indem nity].
This is a different case and does not affect the first ruling derived
from the verse. Hence, there is nothing in this ruling to support its
abrogation.
To conclude, the occurrence of abrogation in the [first] verse is
dependent upon the establishment of the killers obligation to surrender
as soon as the avenger of the woman seeks retaliation, as maintained by
Sunni scholars. But how are they to estab lish it? To do that, they
have to adhere to the general sense provided by the second verse, as it
is inferred from their statements, and to the prophetic tradition, which
says, "The blood of each Muslim is on a par [with that of other
Muslims]." We have already shown the weakness of the opinion based on
this documentary evidence. Alternatively, they [Sunni scholars] will
have to adhere to the report, narrated by Qatada on the authority of
SaId b. al-Musayyib, in which it is related that Umar killed a person
from among the people of Sanaa in retaliation for the killing of a woman
and held them all responsible for her killing.
Al-Layth reports from al-I:Iakam, who reported on the authority ofAa and
Abd Allah. They said, "If a man kills a woman intentionally, then he is
liable to be slain in retaliation for killing her," Al-Zuhri reports
from Abu Bakr b. Amr b.I:Iazm, who reported, from his father and his
grandfather, that the Prophet said, "A man is to be killed in
retaliation for killing a woman." 17
This opinion is invalid for the following reasons:
1. These traditions, even if they are assumed to be authentic, are in
contradiction of the Quran. Accordingly, they cannot be admitted as
evidence. We already explained above that there is a consensus among
Muslim scholars that abrogation cannot be established on the basis of a
single tradition.
2. These traditions are contradictory to the ones reported on the
authority of the Imams and to those reported by Ata, al-Shabi, and
al-I:Iasan al-Ba ri
Ali (peace be upon him), who said, regarding a man who kills a woman,
"The rela tives of the woman, if they wish, may kill the man [in
retaliation, provided they] pay half the blood money [of the man]; and
if they wish, they may take half the blood money of a man." IS
">
ent upon him to submit
to punishment simply because retaliation is demanded. He has the right
of refusal until he collects half the amount of compensation [for his
own killing]. The legal authority has no right to apply retaliation to
him before that.
In other words, the terms of the verse establish that the substitute for
a woman is a woman and, hence, a man cannot substitute for her,
Accordingly, there is nothing in the verse that could cause its
abrogation. Yet it is true that outside evidence estab lishes that it
is obligatory for a man who kills a woman to surrender for retaliation
when the avenger of the blood of the woman has paid half of the
compensation [due for killing a man as a substitute for a woman]. Thus
the man [who killed the woman] would constitute the total [indemnity] of
the [murdered] woman; [but because] he substituted for her [in
retaliation], he [additionally] receives half [of his own indem nity].
This is a different case and does not affect the first ruling derived
from the verse. Hence, there is nothing in this ruling to support its
abrogation.
To conclude, the occurrence of abrogation in the [first] verse is
dependent upon the establishment of the killers obligation to surrender
as soon as the avenger of the woman seeks retaliation, as maintained by
Sunni scholars. But how are they to estab lish it? To do that, they
have to adhere to the general sense provided by the second verse, as it
is inferred from their statements, and to the prophetic tradition, which
says, "The blood of each Muslim is on a par [with that of other
Muslims]." We have already shown the weakness of the opinion based on
this documentary evidence. Alternatively, they [Sunni scholars] will
have to adhere to the report, narrated by Qatada on the authority of
SaId b. al-Musayyib, in which it is related that Umar killed a person
from among the people of Sanaa in retaliation for the killing of a woman
and held them all responsible for her killing.
Al-Layth reports from al-I:Iakam, who reported on the authority ofAa and
Abd Allah. They said, "If a man kills a woman intentionally, then he is
liable to be slain in retaliation for killing her," Al-Zuhri reports
from Abu Bakr b. Amr b.I:Iazm, who reported, from his father and his
grandfather, that the Prophet said, "A man is to be killed in
retaliation for killing a woman." 17
This opinion is invalid for the following reasons:
1. These traditions, even if they are assumed to be authentic, are in
contradiction of the Quran. Accordingly, they cannot be admitted as
evidence. We already explained above that there is a consensus among
Muslim scholars that abrogation cannot be established on the basis of a
single tradition.
2. These traditions are contradictory to the ones reported on the
authority of the Imams and to those reported by Ata, al-Shabi, and
al-I:Iasan al-Ba ri
Ali (peace be upon him), who said, regarding a man who kills a woman,
"The rela tives of the woman, if they wish, may kill the man [in
retaliation, provided they] pay half the blood money [of the man]; and
if they wish, they may take half the blood money of a man." IS
">
ent upon him to submit
to punishment simply because retaliation is demanded. He has the right
of refusal until he collects half the amount of compensation [for his
own killing]. The legal authority has no right to apply retaliation to
him before that.
In other words, the terms of the verse establish that the substitute for
a woman is a woman and, hence, a man cannot substitute for her,
Accordingly, there is nothing in the verse that could cause its
abrogation. Yet it is true that outside evidence estab lishes that it
is obligatory for a man who kills a woman to surrender for retaliation
when the avenger of the blood of the woman has paid half of the
compensation [due for killing a man as a substitute for a woman]. Thus
the man [who killed the woman] would constitute the total [indemnity] of
the [murdered] woman; [but because] he substituted for her [in
retaliation], he [additionally] receives half [of his own indem nity].
This is a different case and does not affect the first ruling derived
from the verse. Hence, there is nothing in this ruling to support its
abrogation.
To conclude, the occurrence of abrogation in the [first] verse is
dependent upon the establishment of the killers obligation to surrender
as soon as the avenger of the woman seeks retaliation, as maintained by
Sunni scholars. But how are they to estab lish it? To do that, they
have to adhere to the general sense provided by the second verse, as it
is inferred from their statements, and to the prophetic tradition, which
says, "The blood of each Muslim is on a par [with that of other
Muslims]." We have already shown the weakness of the opinion based on
this documentary evidence. Alternatively, they [Sunni scholars] will
have to adhere to the report, narrated by Qatada on the authority of
SaId b. al-Musayyib, in which it is related that Umar killed a person
from among the people of Sanaa in retaliation for the killing of a woman
and held them all responsible for her killing.
Al-Layth reports from al-I:Iakam, who reported on the authority ofAa and
Abd Allah. They said, "If a man kills a woman intentionally, then he is
liable to be slain in retaliation for killing her," Al-Zuhri reports
from Abu Bakr b. Amr b.I:Iazm, who reported, from his father and his
grandfather, that the Prophet said, "A man is to be killed in
retaliation for killing a woman." 17
This opinion is invalid for the following reasons:
1. These traditions, even if they are assumed to be authentic, are in
contradiction of the Quran. Accordingly, they cannot be admitted as
evidence. We already explained above that there is a consensus among
Muslim scholars that abrogation cannot be established on the basis of a
single tradition.
2. These traditions are contradictory to the ones reported on the
authority of the Imams and to those reported by Ata, al-Shabi, and
al-I:Iasan al-Ba ri
Ali (peace be upon him), who said, regarding a man who kills a woman,
"The rela tives of the woman, if they wish, may kill the man [in
retaliation, provided they] pay half the blood money [of the man]; and
if they wish, they may take half the blood money of a man." IS
">
البيان (The Prolegomena To The Quran) - الخوئي، السيد ابوالقاسم - الصفحة ١٩٨
jured] brother, let the prosecution be fair and let the payment be with kindness"
(Q. ٢:١٧٨).
Accordingly, the purport of the verse is that it is incumbent upon the
killer to submit to the ruling of retaliation if the avenger of blood
seeks that from him. Moreover, it is evident that this ruling applies
when a man kills another man, or when a woman kills a man or a woman.
But if a man kills a woman, it is not incum):>ent upon him to submit
to punishment simply because retaliation is demanded. He has the right
of refusal until he collects half the amount of compensation [for his
own killing]. The legal authority has no right to apply retaliation to
him before that.
In other words, the terms of the verse establish that the substitute for
a woman is a woman and, hence, a man cannot substitute for her,
Accordingly, there is nothing in the verse that could cause its
abrogation. Yet it is true that outside evidence estab lishes that it
is obligatory for a man who kills a woman to surrender for retaliation
when the avenger of the blood of the woman has paid half of the
compensation [due for killing a man as a substitute for a woman]. Thus
the man [who killed the woman] would constitute the total [indemnity] of
the [murdered] woman; [but because] he substituted for her [in
retaliation], he [additionally] receives half [of his own indem nity].
This is a different case and does not affect the first ruling derived
from the verse. Hence, there is nothing in this ruling to support its
abrogation.
To conclude, the occurrence of abrogation in the [first] verse is
dependent upon the establishment of the killers obligation to surrender
as soon as the avenger of the woman seeks retaliation, as maintained by
Sunni scholars. But how are they to estab lish it? To do that, they
have to adhere to the general sense provided by the second verse, as it
is inferred from their statements, and to the prophetic tradition, which
says, "The blood of each Muslim is on a par [with that of other
Muslims]." We have already shown the weakness of the opinion based on
this documentary evidence. Alternatively, they [Sunni scholars] will
have to adhere to the report, narrated by Qatada on the authority of
SaId b. al-Musayyib, in which it is related that Umar killed a person
from among the people of Sanaa in retaliation for the killing of a woman
and held them all responsible for her killing.
Al-Layth reports from al-I:Iakam, who reported on the authority ofAa and
Abd Allah. They said, "If a man kills a woman intentionally, then he is
liable to be slain in retaliation for killing her," Al-Zuhri reports
from Abu Bakr b. Amr b.I:Iazm, who reported, from his father and his
grandfather, that the Prophet said, "A man is to be killed in
retaliation for killing a woman." ١٧
This opinion is invalid for the following reasons:
١. These traditions, even if they are assumed to be authentic, are in
contradiction of the Quran. Accordingly, they cannot be admitted as
evidence. We already explained above that there is a consensus among
Muslim scholars that abrogation cannot be established on the basis of a
single tradition.
٢. These traditions are contradictory to the ones reported on the
authority of the Imams and to those reported by Ata, al-Shabi, and
al-I:Iasan al-Ba ri
Ali (peace be upon him), who said, regarding a man who kills a woman,
"The rela tives of the woman, if they wish, may kill the man [in
retaliation, provided they] pay half the blood money [of the man]; and
if they wish, they may take half the blood money of a man." IS