like two men. Nothing is required alongside retaliation; because it is an obligatory retaliation, so nothing is required alongside it from the one performing retaliation, just like all other cases of retaliation. The difference in the surrogates is of no consequence in retaliation, evidenced by the fact that a group is killed for one person, a Christian is taken for a Magian despite the difference in their two religions, and a slave is taken for a slave despite the difference in their values.

Section: Every one of the man and woman is killed for the hermaphrodite (khuntha), and [the hermaphrodite] is killed for both of them; because it is inevitable that they are either male or female.

1433 - Issue: He said: (And whoever there is retaliation between them regarding the soul, it is [also] between them regarding wounds.)

The gist of it is that between any two persons where retaliation occurs regarding the soul, retaliation occurs between them regarding the limbs. A free Muslim is cut [in retaliation] for a free Muslim, a slave for a slave, a Dhimmi for a Dhimmi, a male for a female, and a female for a male. And a person of lesser status is cut for a person of higher status, like a slave for a free person, and an infidel for a Muslim. Whoever is not killed for another upon killing them, their limb is not cut for the other's limb. Thus, a Muslim is not cut for an infidel, a free person for a slave, nor a parent for a child. This is the view held by Malik, al-Thawri, al-Shafi'i, Abu Thawr, Ishaq, and Ibn al-Mundhir. Abu Hanifa said: There is no retaliation in the limb between those of differing status (badal). So, a person of higher status is not cut for one of lesser status, nor vice versa, nor a man for a woman, nor a woman for a man, nor a free person for a slave, nor a slave for a free person. However, a Muslim is cut for an infidel, and an infidel for a Muslim; because equivalence (takaful) is considered in the limbs, evidenced by the fact that a sound limb is not taken for a paralyzed one, nor a complete one for an incomplete one; therefore, the limb of a man is not taken for the limb of a woman, nor is her limb taken for his.