What is the liability if a limb cut as part of a criminal assault later festers and causes the victim's death?

Chapter on Retaliation (Qawad)

Al-Mughni

Book of Wounds

Book 47 · Issue 2 · Bab 2

Open in Qurani

Primary text

If a hand was severed due to an assault, and the victim subsequently died from the festering of that wound, the heirs have the choice between demanding capital retaliation (*qisas* in the life) or accepting half the *diyah* (blood money). If capital retaliation lapses due to the death of the perpetrator or any other reason, half the *diyah* becomes obligatory upon the perpetrator's estate, or upon the perpetrator himself if he is still alive.