Is waiving the blood money for a wound valid before the wound has healed?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
The waiver of blood money for a wound before it heals is invalid. If a hand is cut, and the perpetrator waives both its blood money and qisas, and the wound heals, the blood money is still due because it arose from the initial injury, which is the cause. The later demand does not negate its obligation or the validity of the waiver regarding the value, just as a deferred debt can be waived even if immediate collection is not permissible.
Supporting text
Al-Muzani holds that waiving the blood money of a wound before healing is invalid. If one waives the blood money and qisas for a severed hand, and it heals, the blood money remains due, but the qisas is dropped because qisas had become obligatory upon severance, making the waiver effective for qisas but not for the blood money.