What is the consequence if the one-eyed man, who removed the sound-eyed man's eye, is pardoned instead of facing full Diyah?

Chapter on Retaliation (Qawad)

Al-Mughni

Book of Wounds

Book 47 · Issue 2 · Bab 2

Open in Qurani

Primary text

If the victim pardons the assailant (the one-eyed man) after the eye removal, the victim receives half the Diyah. This is derived from the principle of retaliation for an eye ('Al-'Aynu bil-'Ayn'), where the Prophet peace be upon him established Diyah for eyes. Furthermore, an eye is considered one of two organs where Diyah is established, necessitating either Qisas or half the Diyah if the assailant only has one, similar to an amputee cutting off one hand of a person with two hands. The reason for the disparity between the full Diyah required if retaliation is waived (as per Umar/Uthman's view) and the half Diyah upon pardon is that the single eye of the one-eyed man possesses the full functional utility equivalent to two eyes, unlike the hand of an amputee, which does not equate to two hands in utility, evidenced by the sound eye being valid for expiatory manumission while the amputee's hand is not.

Supporting text

The justification for imposing the full Diyah when retaliation is waived, as held by Malik, is that by foregoing the superior right of Qisas, the Diyah is doubled upon the assailant, similar to a Muslim intentionally killing a non-Muslim subject (Dhimmi).