What is the ruling regarding executing reciprocal amputation (*istifa'a*) when the limb injury later causes death, if the primary punishment sought is execution for homicide?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
If it is argued that amputation must be executed regardless, it is because the execution of the limb (amputation) only enters into the penalty of death when fulfilling the death penalty itself. Since fulfilling the death penalty has become impossible (due to the prior establishment of the death penalty from the second victim), the execution of the reciprocal limb loss must be established due to the necessity of its cause and the absence of any impediment to its execution, similar to a case where the injury did not become fatal.
Supporting text
It is assumed that if the initial hand amputation had not caused death, his hand would be amputated first, followed by execution for the homicide, whether the amputation preceded or succeeded the killing. This view is held by Abu Hanifa and Al-Shafi'i.