What is the ruling if the hand intended for amputation is severed by an aggressor after the theft, following imprisonment for witness verification, but the witnesses are subsequently found unreliable?

Chapter on Amputation in Theft

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 3 · Bab 2

Open in Qurani

Primary text

If the ruler imprisons the thief to verify witnesses, and an aggressor severs the hand during this period, and subsequently the witnesses are not deemed reliable (i.e., they are discredited), the aggressor is liable for qisas. This position is held by Al-Shafi'i.