What is the ruling if a Dhimmi (Book-person) severs a Muslim's hand, and the Muslim initially receives retaliation (Qisas) for the hand but later dies from the injury?

Chapter on Retaliation (Qawad)

Al-Mughni

Book of Wounds

Book 47 · Issue 1 · Bab 2

Open in Qurani

Primary text

If a Dhimmi severs a Muslim's hand, and the Muslim initially receives retaliation (Qisas) and then dies from the wound, the heirs of the deceased Muslim have the right to execute the Dhimmi. However, they may pardon the Dhimmi in exchange for blood money (Diyya) for the hand injury. Regarding the amount of this Diyya, there are two opinions. The first holds that it is half the Diyya because the hand's value (half the Diyya) was already covered by the Qisas taken for the hand, leaving the remaining half of the total Diyya owed. This is analogous to the case where the perpetrator was a Muslim. The second opinion states that three-quarters of the Diyya is due because the hand of a Jew is valued at half his Diyya, which equals one-quarter of the Muslim's full Diyya. Since one-quarter was already covered by the Qisas, three-quarters remain.

Supporting text

No secondary views are explicitly mentioned regarding the initial ruling on the heirs' right to kill the Dhimmi upon the Muslim's death following Qisas.