What is the liability of an individual who restrains (holds back) a person so that another may intentionally kill the captive?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
If the restraint was done with the knowledge that the killer would execute the victim, such as firmly holding the victim so another could slaughter him, there are differing narrations from Ahmad. One narration, held by 'Ata and Rabi'ah, and attributed to 'Ali, states that the retainer must be held until he dies (imprisoned until death). A second narration from Ahmad states that the retainer must also be executed (Qisas). The basis for this latter view is that if he had not restrained the victim, the killing could not have occurred; thus, the killing was realized by their combined actions, making them partners in the act, necessitating Qisas for both, as if they both inflicted wounds.
Supporting text
Another position, held by Abu Hanifah, Al-Shafi'i, Abu Thawr, and Ibn al-Mundhir, maintains that the retainer is punished and sins but is not executed. This is supported by the Hadith stating: 'The most severe people against Allah are those who kill someone other than their killer,' and because the restraint is a non-compelling cause, where direct action takes precedence in liability. The counter-evidence cited states that the retainer is imprisoned until death, similar to detaining someone from food and drink until death occurs.