What is the ruling on compensation if a specific limb amputation was pardoned, and the injury subsequently leads to death?

Chapter on Retaliation (Qawad)

Al-Mughni

Book of Wounds

Book 47 · Issue 3 · Bab 2

Open in Qurani

Primary text

If the initial injury involved amputation and was pardoned, the compensation due upon subsequent death is half the Diyya of the life. The compensation for the wounded part, which was pardoned, does not fall away. The full Diyya for death is established through the consequence of the injury's spread, but the compensation for the pardoned part remains dropped. This is because the injury incurred half the Diyya, and when the pardon occurs, only what was incumbent is dropped, not what was not yet incumbent.

Supporting text

The opposing view maintains that since the injury led to a guaranteed consequence (if not pardoned), its spread must also be guaranteed; thus, the dropping of its compensation is specific only to what was pardoned, not the subsequent consequence.