What is the ruling on compensation if the victim pardoned retaliation for the finger injury which then spread to the hand?

Chapter on Retaliation (Qawad)

Al-Mughni

Book of Wounds

Book 47 · Issue 2 · Bab 2

Open in Qurani

Primary text

If the pardon was conditional upon receiving the blood-money (*diyah*), then the full *diyah* of the hand becomes obligatory. If the pardon was without any financial consideration, the ruling follows the established scholarly difference of opinion regarding a scenario where a hand is severed and the injury subsequently spreads to the person's life. Following this principle, the *diyah* of the hand minus the *diyah* of the finger is due in this case. Abu Al-Khattab mentioned this, and it represents the position of Al-Shafi'i.

Supporting text

Al-Qadi states that the apparent position of Ahmad is that nothing is due at all. This is also the view of Abu Yusuf and Muhammad, because pardoning the initial injury constitutes a pardon for whatever subsequently results from it. Al-Qadi also noted that by analogy with the case where the hand is cut and the injury spreads to the life, half the *diyah* should be due, meaning he should hold a similar view in this case.