Who bears liability if a proxy executes retaliation (*qisas*) after the victim's heir pardons the execution, without the proxy knowing of the pardon?

Primary text

The view of Al-Qadi is that the *aqilah* does not bear the liability because the killing committed by the proxy was intentional homicide. Abu Al-Khattab holds that the *aqilah* bears the liability because the proxy did not intend the specific injury resulting from the pardon; such a scenario is classified as a type of error, evidenced by the case where one intentionally kills a Muslim in the land of war believing them to be an enemy combatant, which is considered intentional killing but falls under one of the two types of error.