If the assailant inflicts a single limb injury and the guardian pardons for Diyah, what is the liability?

Chapter on Retaliation (Qawad)

Al-Mughni

Book of Wounds

Book 47 · Issue 5 · Bab 2

Open in Qurani

Primary text

If the assailant severs a single limb and the guardian pardons, the guardian is entitled only to the full Diyah for that limb. If the assailant severs limbs corresponding to an injury that mandates a full Diyah, and the guardian pardons, the guardian receives nothing further. If the assailant severs what necessitates more than a Diyah and the guardian pardons, there is a difference of opinion: one view holds that the assailant is liable for the excess above the Diyah because he is not entitled to more than the Diyah, and he committed an act warranting more. The other view holds that he owes nothing, because if he had killed the victim, nothing would be owed, so if he forgoes killing and pardons, it is more fitting that nothing is owed, as he only enacted some of the harm for which nothing is due when Qisas is waived.