What is the ruling when a person commits a limb amputation followed by a homicide, and the initial amputation later causes the death of the amputated victim?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
If one amputates a man's hand and subsequently kills another person, and then the initial amputation results in the death of the first victim (i.e., the injury becomes fatal), the perpetrator is deemed a killer of both. If both aggrieved parties contend for executing the punishment (Qisas), the execution proceeds for the crime that established liability for killing first. The obligation for execution due to the prior killing is established before the liability for amputation becomes tied to a death sentence (which occurs only upon the delayed effect, *sarayan*, of the amputation).
Supporting text
If it is ruled that the perpetrator must suffer reciprocal retaliation (execution of an equivalent act, *istifa'a*), the amputation is executed upon him first. Subsequently, he is executed for the homicide. The first victim's heir then receives half the blood money (*diyah*). If it is ruled that the reciprocal act of amputation is not executed, the full blood money is due to the first victim's heir, and his limb is not amputated.