Is the forgiveness of a terminally ill person concerning retribution (Qisas) without compensation valid?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
The jurist Al-Qadi mentioned in one instance that the forgiveness of a terminally ill person without compensation is valid, regardless of whether it exceeds one-third of his estate or not. Imam Ahmad is stated to have affirmed this view.
Supporting text
In another instance, Al-Qadi mentioned that the validity is contingent upon the forgiveness being within the third of the estate, which likely builds upon the two differing narrations regarding what is obligatory for intentional homicide.