What is the ruling if a non-qisas wound that resulted in death (e.g., a penetrating wound, *jā'ifah*) had its qisas waived, and subsequently caused death?

Chapter on Retaliation (Qawad)

Al-Mughni

Book of Wounds

Book 47 · Issue 1 · Bab 2

Open in Qurani

Primary text

If a wound for which qisas is not obligatory (like a *jā'ifah*) has its qisas waived, and it subsequently leads to death, the heir (*wali*) has the right to qisas for the life. This is because qisas was not initially obligatory for the wound, so waiving it was invalid concerning the subsequent death. Upon death, the heir has the option to demand qisas or accept the full blood money (*diyah*). If the heir waived the blood money for the initial wound, that waiver is valid. After the death results from the wound, the heir is entitled to the full blood money for the life, less the assessed value (*arsh*) of the original wound.