the elder and the youth, the adult male and the child, and the healthy and the sick; because that for which retaliation is mandatory among the extremities does not differ based on these meanings, and the same applies to the member. Each one of the circumcised and the uncircumcised is taken for the other; for the foreskin is an excess whose removal is justified, so it is as if it were non-existent. As for the member of a castrated person (khasi) and an impotent man (innin), al-Sharif mentioned that others are not taken for them. This is the statement of Malik; because there is no benefit in them, for the impotent man does not have intercourse nor does he emit, and the castrated man does not father children nor does he emit, and he is hardly capable of intercourse, so they are like a paralyzed limb. And because each of them is deficient, a complete one is not taken for them, like a deficient hand for a complete one. Abu al-Khattab said: Others are taken for them, in one of the two views. This is the school of al-Shafi'i; because they are two healthy limbs that contract and expand, so others are taken for them, like the member of a fertile man who is not impotent. The absence of emission is due to the loss of the testicle, and the impotence (unna) is due to an ailment in the back, so that does not prevent retaliation through them, like the ear of the deaf and the nose of the anosmic. The Qadi said: The member of a fertile man is not taken for a castrated man; due to the confirmation of his deficiency, and the despair of his recovery. Regarding taking it for the member of an impotent man, there are two views; one of them is that another is taken for it; because he is not beyond hope of his impotence ceasing, and for that reason, he is deferred for a year, unlike the castrated man. The correct view is the first; [for if] the situation wavers between it being equal to the other or not, retaliation is not mandatory, because the basic principle is its absence, so it is not mandatory due to doubt, especially since we have ruled on the absence of equality, due to the existence of evidence regarding his impotence and the proof of his defect. Each of the castrated and the impotent is taken for his like; due to their equality, just as a slave is taken for a slave, and a dhimmi for a dhimmi.

Section: Some of it is taken for some of it, and that is considered by parts rather than measurement, so it is taken