Is the forgiveness of a bankrupt person or an interdicted person (due to foolishness) regarding retribution (Qisas) valid?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
The forgiveness of a bankrupt person (*mufllis*) or an interdicted person (*mahjur 'alayhi li-sufh*) concerning retribution (Qisas) is valid because Qisas is not considered property (*mal*). If the bankrupt person desires retribution, his creditors cannot compel him to forgo it. If he wishes to forgive Qisas in exchange for monetary compensation, he is permitted to do so because this benefits the creditors. If he wishes to forgive Qisas without any compensation, the ruling depends on two established narrations. If the ruling is that retribution is obligatory, then forgiveness without compensation is permissible because no property on which the creditors have a right is established. If the ruling is that one of two options is obligatory, he does not possess the right to forgive without compensation, as the monetary option becomes obligatory by his statement, 'I forgive the Qisas [for money]'. His statement 'without compensation' constitutes an invalid attempt to waive and specify the obligation after it has been established.
Supporting text
The same ruling applies to the foolish person (*safih*) and the heir of the bankrupt person.