The first [view] is the madhhab.

CHAPTER ON AL-QAWAD (RETALIATION)

Al-Qawad is retaliation (qisas). Perhaps it was named as such because the one against whom retaliation is sought is often led (yuqad) by something tied to him or by his hand to the execution; thus, the execution is called qawad for that reason.

1436 - Issue: He said: "If he slit his abdomen, extracted his viscera, cut them, and severed them from him, then another person struck his neck, the killer is the first one. If he slit his abdomen, then another struck his neck, the second is the killer, because the first does not live under such [injury], while the second could live under such [injury]."

The general principle is that if two people commit two offenses against a person, we look [at the situation]: if the first [offense] removed him from the state of life, such as cutting his viscera—meaning what is in his abdomen—and severing them from him, or slaughtering him, and then a second person struck his neck, the first is the killer because [the victim's life] does not remain after his [offense], and the retaliation is against him specifically, while the second is subject to discretionary punishment (ta'zir), as if he had offended a corpse. If the guardian (wali) pardons [the first] in exchange for blood money, it is upon the first alone. If the injury of the first allows for the possibility of life remaining, such as slitting the abdomen without severing the viscera or cutting off a limb, and then another struck his neck, the second is the killer because the first did not remove him from the state of life, so the second is the one who caused its termination; therefore, the retaliation for the soul (nafs) is upon him, and the full blood money is [due] if he (the guardian) pardons him. Then we look at the injury of the first: if it is something requiring retaliation, such as cutting off a limb, the guardian has the choice between cutting off his limb or pardoning him for his blood money or pardoning him absolutely. If it is