What is the ruling if the cutter claimed ignorance, believing the offered left hand sufficed for the right hand?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
If the executioner claims he did not know it was the left hand or thought it would suffice for the right hand, then the standard is to examine the claimant seeking retribution. If the executioner knew it was the left hand and that it would not substitute for the right hand as retribution, then he is liable for its Diyya and subject to disciplinary punishment ('Uthr).
Supporting text
Some Shafi'is maintain that Qisas is due because the cutter acted knowing he was not entitled to cut that specific limb. Conversely, if the cutter was ignorant, he owes no disciplinary punishment but is liable for the Diyya because the limb was tendered as a substitute (badal), making it guaranteed like property. The right to Qisas for the right hand remains, but its execution is postponed until the left hand heals, to prevent the victim's death. If the left hand's injury proves fatal, it is considered worthless (Hadar), and the Diyya for the right hand must be paid from the deceased's estate due to the inability to execute the retribution.