Is the subsequent injury (sarayah) resulting from retribution (qisas) compensable if the retribution was executed before the wound fully healed?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
If the injured party executes the retribution (qisas) before the wound has healed, the resulting subsequent injury (sarayah) is voided (hadar). This is the ruling based on the aforementioned evidence and because the injured party hastened the execution of something he was not entitled to hasten, thereby nullifying his right, similar to one who kills the inheritor of his victim. This reasoning distinguishes this case from one where retribution was not executed.
Supporting text
Abu Hanifa and Al-Shafi'i hold that the subsequent injury is compensable because it is a consequence of the initial injury (sarayah) and thus must be guaranteed, just as if no retribution had been carried out.