Is it valid for the incompetent person to forgive a crime in exchange for monetary compensation?
General Chapter
Al-Mughni
Book of Legal Interdiction
Primary text
Forgiveness granted by the incompetent person in exchange for money is valid because this constitutes the acquisition of wealth, not its squandering.
Supporting text
If forgiveness is granted without monetary compensation, the validity depends on the nature of the required retribution. If Qisas is considered an absolute obligation (Ayn), the forgiveness is valid as it does not entail wasting wealth. If the obligation is seen as one of two options (either Qisas or money), then forgiveness concerning the money is invalid, and the money becomes obligatory, similar to a case where one partner forgives Qisas, making the financial alternative mandatory.