What is the ruling regarding cutting a limb offered by a legally insane person (Majnun) after retribution has been established?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
If the person offering the left hand is legally insane after retribution for the right hand has been established, the cutter is liable for compensation: Qisas if the cutter knew the offering was invalid, or Diyya if the cutter was mistaken. This is because the tender of a lunatic is not considered a valid quasi-consent (Shubha).
Supporting text
If the claimant seeking retribution is insane and the perpetrator is sane, and the insane person offers either his left or right hand to be cut, it is considered worthless (Hadar), and the sane person incurs no liability because the insane person cannot execute retribution, nor is compensation permissible for him. However, if the right hand was cut and its Qisas becomes impossible due to its destruction, the insane person is entitled to its Diyya.