What is the basis for establishing joint liability for homicide when two distinct acts each separately warranted Qisas for the limb?
General Chapter
Al-Mughni
Book of Wounds
Primary text
Since two severances were committed, each of which would have mandated Qisas if the victim died from it alone, when death results from both, Qisas for life is incumbent upon both parties, similar to a case involving two hands. Furthermore, the second severance does not negate the consequence of the first act, as the pain from the first cut persists, merely compounded by the second, causing the soul to succumb to the combined impact. This differs from healing, where the pain in the vital organs ceases.
Supporting text
If the first party claims their wound healed and the heir confirms this, the liability for killing ceases for the first party, and they owe Qisas for the hand or half the Diyah. If the co-perpetrator denies the healing, the heir has no recourse against the denier regarding the killing, as killing is already established. If the heir accepts Diyah, the co-perpetrator's statement with an oath is accepted, and no more than half the Diyah is due.