What is the liability of the initial perpetrator who severed a slave's limb when the slave was subsequently freed and then suffered further injuries leading to death?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
The first perpetrator who severed a limb from the slave bears no liability (*qawad*, retribution) whether the wound healed or festered. Liability for subsequent injuries rests upon the later perpetrators. If the later injuries result in death, the later perpetrators are liable for retribution concerning the life, as their act has transformed into a capital injury. If they agree to a settlement instead of retribution, the compensation (*diyah*) is divided into thirds among the later parties. Regarding the portion due to the former master, there are two views. The first view, following the logic of Abu Bakr, holds that the master receives the lesser of half the value or one-third of the compensation (*diyah*), since the initial cutting merited half the value, and upon death, one-third of the *diyah* is due, thus taking the minimum of those two amounts.
Supporting text
The second view states that the master receives the lesser of one-third of the value or one-third of the compensation (*diyah*), based on the premise that when the injury escalates to a capital offense, the final state dictates the assessment, similar to a case where the initial injury occurred while the victim was a slave, and subsequent injuries occurred after sale but before freedom, where the initial perpetrator's right remains fixed.