What is the ruling on a person who severs another's limb to facilitate their subsequent murder by a second party?

Chapter on Retaliation (Qawad)

Al-Mughni

Book of Wounds

Book 47 · Issue 1 · Bab 2

Open in Qurani

Primary text

If the first assailant intentionally severs a limb intending only to hold the victim until a second person arrives to commit the murder, the first assailant incurs retaliation (Qisas) for the limb severance, and their ruling concerning the fatal act mirrors that of one who merely restrains the victim for murder. This is because restraining the victim for the purpose of murder establishes liability for the restraint aiding the killing. If the first assailant did not intend to hold the victim for the subsequent killing, only the penalty for the limb severance applies, similar to one who restrains without knowledge of the ultimate intent.

Supporting text

There is an alternative view stating that the severer is liable only for the severance in all circumstances. However, the former opinion is considered more correct because the actor caused the restraint through his own deed, thereby resembling one who restrains through physical holding.