What is the ruling regarding the agent's liability if he kills after the principal pardons the victim, but before the agent learns of the pardon?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
If the Wakeel kills before learning of the Muwakkil's pardon, Abu Bakr states there is no guarantee (Daman) required from the Wakeel, as the pardon happened in a way he could not counteract. However, there are two principal views regarding the Muwakkil's liability. One view absolves the Muwakkil because his pardon was invalid in that context, rendering the killing justly deserved, and a pardon does not necessitate liability. The second view holds the Muwakkil liable because the killing occurred under his command and authorization, similar to a case where one orders an inarticulate slave to kill an innocent person.
Supporting text
Another opinion, not from Abu Bakr, posits two possibilities concerning the validity of the pardon, depending on differing narrations regarding whether the Wakeel is dismissed upon the Muwakkil dismissing him. If the pardon is deemed invalid, neither party is liable as it was the killing of one deserving death under a justified order. If the pardon is valid, there is no Qisas; the Wakeel owes blood money (Diyah) because he killed while believing it permissible due to a situation he was excused for. This Diyah is then reclaimed by the Wakeel from the Muwakkil due to the Muwakkil's negligence in failing to inform him of the pardon, analogous to misrepresentation in marriage contracts. Alternatively, the Diyah may rest upon the Wakeel's kin (Aqilah), as this situation is treated as a mistake (Khata'). This latter view is chosen by Abu al-Khattab, citing the Hadith of the woman who killed her maid and her fetus, where the Prophet, peace be upon him, ruled Diyah on her kin.