What is the ruling if an initial injury (cutting off a finger) is pardoned by the victim, but the injury subsequently progresses (affects the hand)?

Chapter on Retaliation (Qawad)

Al-Mughni

Book of Wounds

Book 47 · Issue 1 · Bab 2

Open in Qurani

Primary text

If the injured party pardons retaliation (*qisas*) for the removal of a finger, and subsequently the injury spreads to the rest of the hand before healing, retaliation is not due. This follows the same reasoning established for fatal injuries. Since the right to *qisas* for the finger was waived by pardon, the hand becomes an inherently diminished part, and the complete hand cannot be taken in retaliation.