The Holy Quran with Five Volume Commentary (Vol 3) — Page 569
PT. 15 BANI ISRĀ'ĪL CH. 17 b لِوَلِيهِ سُلْطَنَّا فَلَا يُسْرِفُ فِي الْقَتْلِ wrongfully, We have surely given his heir authority to demand retaliation, but let him not exceed the prescribed bounds in slaying; for therein he is helped by law. 1963 إِنَّهُ كَانَ مَنْصُورًا strong may be saved, by their blood money to the heir or if the example, from falling into sin. 1963. Commentary: two verses In the preceding reference was made to the two indirect ways of killing. The verse under comment, however, speaks of direct murder. It declares it unlawful to kill a soul, the killing of which has been forbidden by God. The word (soul) نفس means anything which breathes and therefore includes all living things. So the words, which Allah has forbidden, have been added in order to restrict their application to man, it being lawful to kill other animals except under certain conditions when their killing also is forbidden. The word (heir) is applied to any person who is entitled to inherit another man's property after the latter's death. But one may nominate a person other than his legal heir as his. If a person is murdered, his (heir) has the right to demand satisfaction. But after the murderer is convicted by a properly constituted court, the heir of the murdered person has the right either to have the murderer legally executed or accept blood-money in lieu of the death of the murdered person. If, however, it is considered against the interests of public peace or morality to allow demand of the heir be found to be not bona fide, the court may refuse to accept the option of the heir and order the murderer's execution. In fact, both the heir and the State equally share the right to pardon or punish the guilty person. This right of the State in regard to the punishment of the guilty person covers all matters to which the injunction (retaliation) applies. The Caliph 'Alī is reported to have punished a guilty person whom the aggrieved party had pardoned on the plea that the dictates of public peace demanded his punishment. 'Ali was convinced that the fear of being harmed by the offender had made the aggrieved person pardon him. See also 2:179. قصاص of Whereas in the earlier part of the verse the rights of the party offended against have been safeguarded, the words, let him not exceed the prescribed 1777 bounds in slaying, safeguard the interests of the offender. They mean to say that the aggrieved party should not exceed legitimate bounds by adopting a cruel method of killing. In fact, these words imply a recommendation in favour of the murderer. They also show that although "life for life" is the general rule, the heirs of the murdered person may not always act