What is the liability if the killing by the first assailant occurs before the leg wound has healed?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
The first assailant is liable only for retribution in the life (Qisas fi al-Nafs) against the heirs, not for the severed limb, because he severed the limb while the victim was a slave. If the heirs choose retribution in life, the master's right (to the value of the limb) is forfeited because retribution in life and compensation for the limb cannot both be due before healing, as the compensation for the limb is included within the compensation for life.
Supporting text
If the heirs choose to pardon the killing, the killer owes the full blood money (Diyya) but not the compensation for the limb, as the limb's compensation is absorbed by the blood money. The master is due the lesser of half the value of the limb or its compensation, and the remainder goes to the heirs. Regarding the second assailant who cut the leg, he owes retribution in the leg because the killing cut off the effect of his previous injury, treating the situation as if healing had occurred. If he is pardoned, he owes half the blood money.