Reciprocity and equality (mukafa'a)

Mukafa'a means returning like for like; in the lexicon it is equality, as in the saying that the blood of the Muslims is equal in blood-money and retaliation. ¹

A report from 'A'isha says that the Prophet ﷺ accepted gifts and returned something for them. Some Malikis take this to make a return due on an unconditional gift, when the donor is one who expects a return. The Hanafis, Shafi'is and Hanbalis hold that a gift with a known return is a sale and one with an unknown return is void. ^{1 2}

The Malikis, Shafi'is and Hanbalis require equality between killer and victim in certain attributes for retaliation: the higher is not killed for the lower, but the lower may be killed for the higher. The Hanafis do not require equality for retaliation for life. ²

Most jurists require equality between spouses, meaning the man's equality with the woman in the attributes that count in marriage; it counts on the side of men, not women. One report from Ahmad makes it a condition of validity; some Hanafis do not require it. ²

Al-Nawawi notes that spouses who revile each other may see the husband say, by way of return, that if she is so he divorces her. If he means return the divorce takes effect; if he means a condition it does not; if he means neither, it is read as a condition. ³

Al-Dusuqi allows a profit-sharing partner to bring food as others do, and if he means to favour himself he must seek the owner's pardon or repay the excess. The Hanafis, Shafi'is and Hanbalis require that the horse of the one who stakes the race match the racers, else the race is gambling. ^{3 4}