What is the ruling when one heir testifies to pardoning the right of retaliation (Qisas) concerning a deliberate homicide?

Chapter on Qasamah (Oaths regarding murder)

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 1 · Bab 3

Open in Qurani

Primary text

If a deliberate homicide, which warrants Qisas (retaliation), occurs, and one of the heirs testifies that another heir has pardoned their right to Qisas, the Qisas is dropped entirely. This ruling stands whether the testifying heir is righteous (adl) or immoral (fasiq). This is because the testimony confirms the forfeiture of the witness's own right to Qisas, and their statement regarding their right is accepted. If one of the guardians (wali) pardons their share, the entire Qisas obligation is voided. This situation is analogous to a slave jointly owned by two partners where one partner testifies that the other partner manumitted their share, and the testifying partner is solvent; the slave's share is freed even if the other partner denies it.

Supporting text

If the witness testifies to pardoning both the Qisas and the financial compensation (Diyya), the Diyya is not dropped. This is because the testimony implies the witness's share was forfeited independent of their choice regarding the financial aspect.