What is the ruling on a person who is thrown from a height, and another person kills him with a sword before he lands?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
The ruling is Qisas (retaliation/equal retribution) upon the one who performed the killing. This is because he terminated the victim's life before reaching a state where his survival was despaired of. This situation is analogous to shooting with a fatal arrow and having another sever the neck before the arrow lands, or dropping a rock and another man severing the head before the rock strikes. This view is held by Al-Shafi'i if the throwing occurs from a height from which escape is possible. The evidence for holding the killer primarily responsible rests on the principle that the initial act of throwing becomes a superseded cause when the killing is directly perpetrated, similar to the context of a pusher versus a horseman, or a lacerator versus a slaughterer.
Supporting text
If the throwing occurred from a height from which survival is impossible, there are two opinions. One opinion aligns with the primary ruling stated above. The second opinion holds both the thrower and the killer liable for Qisas and Diyah (blood money) upon falling because each is considered a cause of the destruction.