What is the ruling when a below-the-neck injury, initially subject to Qisas (retaliation), is pardoned, but the injury subsequently leads to the victim's death?

Chapter on Retaliation (Qawad)

Al-Mughni

Book of Wounds

Book 47 · Issue 1 · Bab 2

Open in Qurani

Primary text

If a below-the-neck injury that mandates Qisas is pardoned, and the injury later spreads, causing death, Qisas for the death is not obligatory. This position is held by Abu Hanifa and Al-Shafi'i. The reasoning is that it becomes impossible to exact Qisas for the life without including what was pardoned, thus the Qisas for life is dropped, similar to when some heirs forgive. Furthermore, if an injury that initially warranted Qisas is not subject to it (due to pardon), its subsequent spread does not mandate Qisas, analogous to when the hand of an apostate is cut off, he then embraces Islam, and then dies from that injury.

Supporting text

It is narrated from Malik that Qisas is obligatory because the injury transformed into a fatal one, and no pardon was granted for the fatality itself.