What is the liability for mutilation if the avenger cuts off a limb and then kills the perpetrator after exceeding the right to life?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
If the avenger cuts off a limb and subsequently kills the perpetrator (having overstepped his right), there is a possibility that he is still liable for the limb. This is because liability for the limb is established if he had forgiven the life after the cutting; forgiveness is an act of kindness (ihsan) and should not be the cause of establishing liability. Therefore, liability should also stand when life is not forgiven.
Supporting text
There is an alternative view, held by Abu Hanifa, stating that there is no liability for the limb in this case. This is reasoned by analogy: if a transgressor mutilates first and then is justly killed, he is not liable for the limb; consequently, it is more fitting that he is not liable when the killing is justly executed after the initial transgression.