What happens if a third party injures the victim after the initial injury but before sight recovery?

Chapter on Diyat (Blood Money) for Wounds

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 4 · Bab 2

Open in Qurani

Primary text

If a third party blinds the victim during the period set for potential recovery, the first assailant remains liable for the established Diyah or Retaliation (Qisas) because the sight did not return as hoped. The second assailant is liable only for an assessment-based compensation (Hukm) because they destroyed an organ whose light had not yet been confirmed as permanently lost, and recovery was still hoped for. If the first assailant claims the sight had returned, and the second denies this, the statement of the denier (the second assailant) is accepted as the default position supports them. If the victim confirms the first assailant's claim, the first assailant's right is extinguished, but the victim's confirmation cannot be accepted against the second assailant.

Supporting text

If the first assailant is verified regarding the sight recovery, his claim against the victim is voided, and his testimony cannot be used against the second party.