What is the ruling if the injured party amputates a digit to prevent spread, and the wound does not heal, leading to the injured party's death?

Chapter on Retaliation (Qawad)

Al-Mughni

Book of Wounds

Book 47 · Issue 2 · Bab 2

Open in Qurani

Primary text

If the injured party amputates the digit fearing spread, but the wound does not heal and the injured party dies as a result, the perpetrator is considered a partner in his own demise. Two possibilities arise: that Qisas must be exacted, or that Qisas is not due at all because the injured party's action was intended for self-preservation (necessity), constituting an intentional error (*amdu al-khata'*). In the latter case, the perpetrator owes half the blood money (*diyah*).