What is the ruling when a minor or insane person seeks Qisas for a killing committed by the perpetrator against their father, and they cut off a limb of the perpetrator?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
The same ruling applies to minors and the insane when they execute Qisas for the intentional killing of their father. If they execute retribution for something less than a third of the total Diyya (like cutting a finger), their right is waived because this implies receiving Diyya, which should be offset against what they are due from the perpetrator's estate. If their Diyah values differ (e.g., Muslim versus Dhimmi, or male versus female), and we rule they have fully acquired their right through the cutting, then their right ceases, similar to destroying their trust deposit. If we rule they have not fully acquired their right, compensation is offset up to the lesser amount, and the remainder is due to the minor or the insane person.
Supporting text
If the injury inflicted upon them or their guardian was unintentional, and they executed Qisas, their right is not waived. The Diyya owed by the perpetrator's 'Aqilah for the injury inflicted upon them or their guardian is deferred, and the Diyya owed by their 'Aqilah for the Qisas executed is also deferred.