What is the ruling if the testator forgives retaliation (Qisas) where retaliation itself is obligatory?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If retaliation (Qisas) is waived and it is held that retaliation itself is strictly obligatory (ayn), the liability for Qisas falls away entirely without substitution by financial compensation.
Supporting text
If it is held that the obligation is one of two alternatives (Qisas or financial compensation), the Qisas is waived, and financial compensation becomes obligatory.