What is the ruling if the execution of the prescribed penalty, which included an excess injury, leads to further harm (Sarayah) resulting in death or loss of a limb?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
If the execution that caused the excess injury results in further harm (Sarayah) leading to the death of the victim, or the loss of an additional part of the limb (e.g., cutting off a finger leads to the loss of the entire hand), or if the execution was carried out using a dull or poisoned instrument, or during extreme heat or cold, and Saryah follows, the executioner owes half the blood money (*Diyah*). This ruling is attributed to Al-Qadi and is the position of the Shafi'i school. This is because the resulting harm stems from two actions: one permissible (the justified penalty) and one forbidden (the excess harm or improper execution method), dividing the liability equally, similar to a case where one injury occurred during apostasy and another after returning to Islam.
Supporting text
There is an alternative view suggesting that the executioner should bear the full liability for the Saryah, especially when the injury was inflicted using a poisoned or dull instrument, because the entire action leading to death was forbidden. This contrasts with cutting off two fingers where one part of the action was permissible.