What is the ruling if two acts of cutting (qat'an) occur sequentially, and both the perpetrator and the recipient of retribution die from the consequences?

Chapter on Retaliation (Qawad)

Al-Mughni

Book of Wounds

Book 47 · Issue 2 · Bab 2

Open in Qurani

Primary text

If both the perpetrator and the one who executed the retribution die from the consequences of the cutting, both consequences are voided (hadar). This stems from the principle that if the injured party hastens the execution, his right is nullified.

Supporting text

Abu Hanifa states that compensation is due for the consequence of each cutting, and then they offset each other, resulting in nullification. Al-Shafi'i states that if the victim dies first from the consequence of the cutting, the perpetrator's death is due to the victim's act, thus establishing qisas. If the perpetrator dies first, one view holds it is qisas, while another view holds the perpetrator's death is voided, and the victim's heir is due half the blood money (diyah).