Musannaf Ibn Abi Shayba 18:1168

Abu Bakr narrated to us, he said: Abu Usama narrated to us, he said: Ibn Jurayj narrated to us, he said: 'Amr informed me that Huyayy ibn Ya'la informed him that he heard Ya'la informing that a man came to Ya'la and said to him: "This is the killer of my brother." So Ya'la handed him over to them, and they struck him with their swords until they thought they had killed him, while there was still a breath of life in him. His family took him and treated him until he recovered. Then he (the brother) came to Ya'la and said: "The killer of my brother." He (Ya'la) said: "Did I not hand him over to you?" He informed him of his situation. Ya'la summoned him and found that he had survived. His wounds were counted, and they found in them the blood money (equivalent). Ya'la said to him: "If you wish, pay him his blood money and kill him, or otherwise leave him." He went to 'Umar and sought justice against Ya'la. 'Umar and 'Ali agreed upon the judgment of Ya'la: that he should pay him the blood money and kill him, or leave him and not kill him. 'Umar said to Ya'la: "You are indeed a judge," then he returned him to his post.