What is the ruling regarding applying further amputations when one limb is already lost due to Qisas when another amputation was due for *Muharaba*?

General Chapter

Al-Mughni

Book of Highway Robbers

Book 52 · Issue 7 · Bab 1

Open in Qurani

Primary text

If the limb amputated as Qisas was already subject to amputation for *Muharaba* prior to the injurious act necessitating Qisas, no more than the remaining healthy part of that pair of limbs is amputated because the locus of punishment was lost due to a subsequent event, not the crime itself. If both limbs were lost previously, the amputation is waived entirely. If the cause for Qisas amputation occurred before the *Muharaba* amputation obligation, or if the limb subject to Qisas differs from the one subject to *Muharaba* (e.g., left hand for Qisas after right hand for *Muharaba*), there are two differing opinions based on the narrations concerning amputating the left hand of a thief after the right hand was amputated.

Supporting text

If theft and taking wealth during *Muharaba* converge, the right hand is amputated first due to precedence. If *Muharaba* preceded, the right hand and left foot are amputated simultaneously and cauterized, with differing views on whether the left hand should also be amputated for theft, requiring a wait for recovery if it is to be amputated. If theft preceded, the right hand is cut for theft, and the foot for *Muharaba* is not cut until the hand recovers, again with differing views on amputating the left hand for *Muharaba*.