Is consequential harm resulting from an initial assault (Sarayah al-Jinayah) subject to liability?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
Consequential harm resulting from an assault is liable without dispute because it is an effect of the initial assault, and the initial assault is liable. If the harm extends to the life or something that cannot be directly damaged, such as shattering the skull leading to blindness, retaliation (Qisas) is mandatory for the loss of sight, though there is dispute regarding this specific consequence mentioned previously. If the harm spreads to something that could have been directly damaged, such as cutting a finger and the adjacent finger necroses and falls off at the joint, retaliation is due in the view of our Imam (Abu Hanifa) and Muhammad ibn al-Hasan. The basis for this is that whatever necessitates Qisas due to the initial act also necessitates Qisas through consequence, like loss of life or sight. Furthermore, this is one type of Qisas, resembling the original act. Unlike the opposing view, the consequential damage here results from an act that warrants Qisas, thus Qisas is due, similar to when a projectile passes through one object to another.
Supporting text
The majority of jurists hold that there is no Qisas for the secondary injury, and its specific blood money (Diyah) is due. Their reasoning is that when direct action could have caused the injury, Qisas is not imposed for consequential spread, analogous to an arrow passing through one target to another.