What is the ruling if an already one-handed person severs the remaining limb (hand or foot) of another person who previously lost a limb?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
If the one-handed person severs the remaining foot or hand of the victim, the victim is entitled to either retaliation (Qisas) or half the prescribed blood money (Diyah). This is because the single remaining limb of the amputee does not equate to the full utility and gripping power of two complete limbs. Furthermore, it is insufficient to fulfill the requirements for emancipating a slave in expiation (Kaffarah). This contrasts with the eye of a one-eyed person, which is considered equivalent to both eyes.
Supporting text
The Judge stated that if the first limb was removed unjustly or as retaliation, then half the Diyah is due for the second removal (a single narration). If the first limb was removed in the cause of God (fi sabilillah), there are two narrations regarding the second removal: one states half the Diyah, and the other states a full Diyah, because the totality of the utility of the two limbs has been impaired. The primary opinion mentioned first is deemed more appropriate for jurisprudence, as the rationale concerning the loss of utility of two limbs is contradicted by the case where the first removal was due to Qisas, and the analogy to the eye of a one-eyed person is unsound due to the difference between the two cases.