What is the ruling on amputating a limb afflicted with *Akalah* when the owner is a minor or insane?

General Chapter

Al-Mughni

Book of Beverages (Intoxicants)

Book 53 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the affected person is a child or insane, and a non-guardian cuts off the afflicted limb, the cutter is subject to *Qisas*. This is because the cutter holds no legal authority (*wilayah*) over the victim. However, if the guardian—specifically the father, the legal custodian (*Wasi*), the judge (*Hakam*), or the entrusted caretaker—performs the amputation, there is no liability. This is because the guardian intended the ward's benefit, and their action is considered commanded, thus absolving them of liability for what is destroyed, similar to the case where circumcision results in death.