What is the ruling if only one of two concurrent acts of cutting results in a subsequent injury?

Chapter on Retaliation (Qawad)

Al-Mughni

Book of Wounds

Book 47 · Issue 3 · Bab 2

Open in Qurani

Primary text

If only one of the two cuttings results in a subsequent injury (sarayan) while the other does not, that consequence is voided (hadar) and entails no compensation.

Supporting text

Abu Hanifa mandates compensation for the consequence of the cutting. Al-Shafi'i rules that if the injury (sarayah) results from the initial crime, it is compensable; but if the consequence results from the execution of the retribution (istifa'), compensation is not due. This difference is rooted in the prior disagreement.