Is Qisas incumbent upon the accomplice if the victim injures himself unintentionally, or if the accomplice intentionally injures the victim and then another intentionally injures the victim, leading to death?

General Chapter

Al-Mughni

Book of Wounds

Book 47 · Issue 2 · Bab 1

Open in Qurani

Primary text

If a man injures another intentionally, and then the injured man injures himself unintentionally—such as intending to strike a piece of flesh/injury but striking himself, or stitching his wound and the needle hits living tissue—then no Qisas is due from the accomplice based on the more correct of the two reported narrations from Ahmad.

Supporting text

There is another reported view that Qisas is due from the accomplice in the case of self-inflicted unintentional injury, based on the two differing narrations concerning the accomplice to an unintentional killer (*sharīk al-khāṭi'*).