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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 11 · صفحة 548فصل

الترجمة · EN

you may multiply the blood money for him, and forgive the perpetrator?" But he refused. So they brought the matter to Ali, may Allah be pleased with him. Ali called for a mirror, heated it, then placed cotton on his other eye. Then he took the mirror with two pincers and brought it close to his eye until the pupil of his eye flowed out. If he places camphor in it that removes its sight without injuring the eyeball, it is permissible. If it is impossible to do so without injuring the organ, the retaliation is dropped due to the impossibility of parity. The Qadi mentioned that one may retaliate against him by slapping, so the victim slaps him just as he was slapped; if his sight is lost, then it is so, otherwise he may remove it using the method we mentioned. This is the view of the Shafi'i school. However, this is not correct, for a slap cannot be retaliated against in isolation, so it cannot be retaliated against when it spreads to the eye, like a head wound (shajjah) if it is less than a mutawajjih (a wound exposing the bone). Furthermore, because a slap, when not directed at the eye, cannot be retaliated against with an equivalent one while ensuring the safety of the organ, then in the case of the eye, with the fear of that happening, it is even more so. Moreover, this is retaliation in a case other than life, so it is not permissible without the specific tool prepared for it, like the mutawajjih wound. The Qadi said: Retaliation is not mandatory unless the slap typically causes loss of sight. If it does not typically cause loss of sight but it happens, then it is quasi-intentional (shibh 'amd) with no retaliation in it. This is the view of the Shafi'i school; because it is an act that does not typically lead to loss [of function], so retaliation is not mandatory, like quasi-intentional [killing] in the case of life. Abu Bakr said: Retaliation is mandatory in every case, due to the generality of His saying: "And the eye for the eye." And because when a slap causes the pupil of the eye to flow out, it is in the position of a wound, and it is not considered regarding a wound that it typically leads to destruction.

Section: If he slaps his eye, and its sight is lost, it turns white, and it protrudes (shakhasat), if it is possible to treat the perpetrator's eye until its sight is lost, it turns white, and protrudes, without injuring the eyeball,

الحواشي

(6) In M: "in" (if). (7) In M: "fi" (in). (8) In M: "fa-ma'a" (so with). (9) Omitted from B and M. (10) Omitted from the original. (11) In M: "fa-law" (if).

السابقمجلد 11 · صفحة 548التالي
السابق11·548التالي