What is the required compensation (Diyya) if a pardoned below-the-neck injury leads to the victim's death?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
If the pardon for the initial injury was given in exchange for monetary compensation (Diyya), the full Diyya is due. If the pardon was given without receiving anything in return, the full Diyya is obligatory except for the *Arsh* (partial compensation) of the specific wound that was pardoned. This view is held by Al-Shafi'i.
Supporting text
Abu Hanifa holds that the full Diyya is obligatory because the injury became a fatal one, and the right pertaining to the life was not pardoned, only Qisas was dropped due to a doubt. If the person stated, 'I pardon the injury,' then nothing is due, as the term 'injury' is not specific to amputation. Al-Qadi attributes to the apparent text of Ahmad that nothing is due, a view shared by Abu Yusuf and Muhammad, because the severed part was not guaranteed compensation, so its consequential damage is likewise not guaranteed.