Hadith record

Muhammad Bin Yahya from Ahmad Bin Muhammad, and Ali Bin Ibrahim from his father, from Ibn Mahboub, from Abu Wallad who said, ‘I asked Abu Abdullah asws about a Muslim man who killed a Muslim man deliberately. So there did not happen to be for the killed one any guardians from the Muslims except for guardians from the Ahl Zimmi (people under the responsibility) from his relatives. So he asws said: ‘It would be upon the Imam asws to present Al-Islam to his relatives from his family. So the one who became a Muslim from them, so he would be his guardian, the killer would be handed over to him. So if he so desires to he kills, and if he so desires to he excuses, and if he so desires to he takes the wergild. So if no one were to become a Muslim, the Imam asws would be the guardian of his affairs. So if he asws so desires to he asws kills, and if he asws so desires to he takes the wergild. He asws would make it to be in the public treasury of the Muslims, because the crime of the killed would be to be resolved by the Imam asws . So, like that, his wergild would happen to be for the Imam asws of the Muslims’. I said, ‘So if the Imam asws excuses him from it?’ So he asws said: ‘But rather, it is a right of the Muslims, and rather it is upon the Imam asws that he asws either kills or he asws takes the wergild, and it is not for him asws that he asws excuses’.

Translation: HubeAli — attributed by Thaqalayn·The Arabic above is the original.