What is the liability for mutilation if the avenger cuts off a different limb than the one the perpetrator initially mutilated?

Chapter on Retaliation (Qawad)

Al-Mughni

Book of Wounds

Book 47 · Issue 4 · Bab 2

Open in Qurani

Primary text

If the perpetrator mutilated one limb (e.g., the hand) and the avenger, in retribution, mutilated a different limb (e.g., the leg), there are two possibilities regarding liability. One view holds that it is equivalent to mutilating the same limb because the Diyah for both limbs is identical. The other view holds that the Diyah for the leg is incumbent because the perpetrator did not mutilate the leg, which makes it analogous to a situation where the perpetrator had not mutilated the hand at all.

Supporting text

The text previously addressed the scenario where the perpetrator cut off a limb and the avenger subsequently killed him, having exacted retribution corresponding to the original mutilation.