What constitutes sufficient testimony to establish the ruling for an arm amputation (Qat' Yadh)?

Chapter on Qasamah (Oaths regarding murder)

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 3 · Bab 3

Open in Qurani

Primary text

If witnesses testify, "We witness that he struck him and severed his hand," and it is confirmed the victim had both hands intact before the incident, the testimony is accepted, and retribution (Qisas) for amputation is established due to the lack of doubt. However, if the victim was already missing both hands, Qisas is not established unless the witnesses specify precisely which hand was severed. In the case where the identity of the severed hand is not specified for a person missing both, the Diyah for two hands is obligatory because Diyah amounts do not differ based on which specific hand was intended.

Supporting text

If witnesses state, "He struck his head and his blood flowed," this establishes the wound known as 'Bazilah' (a superficial wound causing bleeding). If they only state, "His blood flowed," nothing is established due to the possibility of bleeding from an unrelated cause.