If the mandatory consequence is either *qisas* or *diyya* (not specifically determined), what happens if the killer chooses to waive *qisas*?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
If the mandatory consequence is one of two undetermined options (*qisas* or *diyya*), and the killer chooses to waive *qisas* entirely, or to waive it in exchange for *diyya*, then *diyya* becomes obligatory because the required outcome was unspecified, and abandoning one necessitates the other. If the killer chooses *diyya*, *qisas* is dropped. If the killer chooses *qisas*, it becomes definite.
Supporting text
There is a difference of opinion regarding whether the killer can subsequently waive *diyya* after choosing *qisas*. One position holds that the killer has this right, as *qisas* is the higher penalty, allowing for a reduction to the lower alternative (*diyya*), which then functions as a substitute for *qisas* rather than the *diyya* originally mandated by the killing itself, mirroring the first opinion regarding the waiver. Another view suggests the killer does not have this right because having waived *diyya* by choosing *qisas*, he cannot revert back to it.