What is the ruling if an assailant severs a limb and is pardoned, but then returns and kills the victim?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
If the assailant severs the victim's hand, and the victim pardons that act, but the assailant subsequently kills the victim, the victim's heirs are entitled to retaliation (Qisas). This is the explicit position within the Shafi'i school. The basis is that the act of killing occurred independently of the initial cutting; thus, the pardon for the cutting does not preclude the consequence obligatory due to the subsequent killing, analogous to a situation where a different person committed the cutting.
Supporting text
Some scholars maintain that there is no right to retaliation (Qisas) because the pardon was granted for a portion of the injury (the limb), and therefore, the death resulting later cannot be subject to retaliation, similar to when the cutting itself leads to death through natural consequence (Sarayah).