How is Diyyah (blood money) distributed if Qisas is commuted or waived, and one heir had pardoned the killer?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
When the obligation shifts to Diyyah, either because the killer is excused or because Qisas was waived, the amount corresponding to the right of the pardoning heir against the killer is subtracted from the total Diyyah due. The remainder is still obligatory. If the heir pardoned without receiving any wealth, the Diyyah is entirely due to the killer's heirs, and nothing is due from the killer. If the heir pardoned in exchange for Diyyah, the Diyyah is due to the killer's heirs, who must also receive the pardoning heir's stipulated share of the Diyyah.
Supporting text
There is an opinion suggesting that the pardoning heir's share of the Diyyah remains a right against the killer. This is invalid because the right is no longer attached to the person of the killer, but rather the Diyyah is a liability upon his estate, and thus it does not transfer to the killer in the manner it would if he had killed his own debtor (gharim).