What is the ruling regarding waiving qisas for a partial limb severance that later results in death?

Chapter on Retaliation (Qawad)

Al-Mughni

Book of Wounds

Book 47 · Issue 3 · Bab 2

Open in Qurani

Primary text

If a hand is severed from halfway up the forearm, and the perpetrator waives the qisas, according to the opinion of Abu Bakr, the right to qisas for the life is not forfeited because qisas was not initially obligatory for that specific severance (similar to the *jā'ifah* ruling). However, if the severance was deemed sufficient for qisas from the wrist (*kū‘*), then waiving the initial qisas forfeits the right to qisas for the life, similar to the ruling when the initial cut was at the wrist.