Determining the killer when two individuals inflict successive, fatal injuries leading to death.
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
When two individuals inflict successive injuries, the determination of who is the actual killer depends on the condition of the victim after the first injury. If the first injury removes the victim from the judgment of life, such as evisceration or slaughter, and the second person then strikes the victim's neck, the first injurer is the killer, and the second is liable only for ta'zir (discretionary punishment), akin to injuring a corpse. If the heir commutes the penalty to blood money (diyah) in this scenario, the diyah is due solely from the first injurer. If the first injury allows for the possibility of life to remain, such as a deep abdominal cut without evisceration or severing a limb, and the second person then strikes the neck, the second person is the killer as they are the one who deprived the remaining life, and the full diyah is incumbent upon them. If the first injury was one that mandated retaliation (qisas), such as severing a limb, the heir may choose between severing the corresponding limb of the first injurer or accepting absolute forgiveness without diyah. If the first injury did not mandate qisas, such as a j'ifah (a penetrating wound to the body cavity) or similar, then the arsh (partial compensation) is due for the first injury. The second person is held responsible for qisas in life because their act cut off the progression of the first injury, making it as if the first wound had healed without spreading.
Supporting text
If the first injury was one that inevitably led to death but did not immediately remove the victim from the judgment of life, leaving stable life, such as a perforated intestine or severe brain injury, and the second person then strikes the neck, the second person is the killer because they forfeited a stable life. This is supported by the precedent of 'Umar (may Allah be pleased with him) who, after being wounded, was given milk by a physician; when it exited solidified, the physician knew he was dead, prompting 'Umar to write his will and appoint the consultative body for the Caliphate. Since the judgment of life remained, the second injurer forfeited that life and is thus deemed the killer, similar to one who kills an invalid whose recovery is despaired of.