Is the executioner liable for *qisas* if the thief willingly offers his left hand knowing it is not the required right hand?

Chapter on Amputation in Theft

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 4 · Bab 2

Open in Qurani

Primary text

If the thief willingly presents his left hand, knowing it is the left and that it will not suffice as the right, then there is no liability (*qisas*) upon the executioner because the thief consented to its removal, making the executioner like one performing an act on a non-thief.

Supporting text

If the executioner cuts the left hand without the thief's choice, or if the thief presents it due to confusion or the belief it would suffice, and the executioner knew it was the left hand and that it would not suffice, then *qisas* is due upon the executioner. If the executioner did not know it was the left hand, or thought it would suffice, *diyah* is due from the executioner.