What is the view that no Qisas is due when multiple perpetrators jointly cause a limb severance?
General Chapter
Al-Mughni
Book of Wounds
Primary text
There is a narration from Ahmad and the view of the Ashab Al-Ra'y stating that no Qisas is due on either party when multiple perpetrators cause the severance. This is because the resulting killing is a composite of a culpable act and a non-culpable act, similar to a deliberate killer and an accidental killer, or an adult and a minor, or a sane person and an insane person, thus negating the requirement for retribution.
Supporting text
The counter-argument is that the perpetrator participated in intentional, aggressive killing against someone whom the perpetrator would be liable to execute if acting alone, similar to an accomplice of a stranger. The act of a father killing his child is not non-culpable; it is pure intentional aggression, meriting punishment more than other major sins mentioned after Shirk, like killing one's child for fear of sharing sustenance. The father's exemption stems from a specific context related to the subject (the child) and not from a deficiency in the culpable cause.