What is the ruling if an assailant severs the right hand, or severs a limb for which the victim has no equivalent, or gouges out an eye, and the victim subsequently dies?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
If an assailant severs the right hand, or severs a limb the victim lacks, or gouges out an eye, and the victim dies thereafter, the assailant shall be executed by the sword to the neck. There is no retaliation (*qisas*) for the limb itself. This ruling is universally held because retaliation requires a like injury to the severed part, which is nonexistent here. Furthermore, retaliation necessitates performing the exact act committed by the perpetrator, which is impossible in this case. Additionally, if the assailant had committed the injury and then the victim pardoned the killing, it would result in the assailant satisfying a claim against someone who did not sustain the equivalent injury, or taking an ear in place of an eye, which is impermissible.