What is the ruling on pardoning an injury resulting from accidental harm (*jinayah al-khata'*) and its subsequent complications?

Chapter on Retaliation (Qawad)

Al-Mughni

Book of Wounds

Book 47 · Issue 2 · Bab 2

Open in Qurani

Primary text

If the injured party pardons an accidental injury and whatever arises from it, whether through explicit pardon, bequest, release (*ibra*), or other phrasing, its validity is conditional upon it being within the disposable portion of the estate (one-third, *thuluth*). If the full amount falls within the one-third, the pardon for everything is valid. If it exceeds one-third, the portion of the blood money that fits within the one-third is waived by the pardon, and the remainder is due. This position is held by Malik, Al-Thawri, and the scholars of the Hanafi school (Ashab Al-Ra'y). Similar views are expressed by Umar ibn Abd al-Aziz, Al-Awza'i, and Ishaq, because in this case, the pardon functions as a bequest of wealth.