through which he plucked the eye of the one-eyed person, and the other for the other [eye], because it is the eye of a one-eyed person. Our position is the statement of the Prophet (may the peace and blessings of Allah be upon him): "And for the two eyes, there is the diya." Furthermore, he plucked out two eyes, so he is not liable for more than the diya, just as if the person plucking them out (32) had been healthy. Also, he did not exceed the loss of the utility of the species, so he does not exceed the diya, just as if he had cut off his two ears (33). What the Qadi mentioned is not correct, because the obligation of the diya for one of his eyes does not make the other [eye] the eye of a one-eyed person. Moreover, the obligation of the diya for plucking one of the two eyes is a ruling that contradicts the [literal text of the] report and analogy; we resorted to it [only] because of the consensus of the companions upon it. Therefore, regarding everything outside the scope of that consensus, one must act according to both [the report and analogy], and remain upon them. If he plucked them both out intentionally and [the victim] chooses qisas, he has no right to anything but the plucking out of his eye; because he caused the loss of his entire vision, so he is not entitled to anything more than the loss of his vision. This is based upon the aforementioned ruling of the companions that the eye of a one-eyed person stands in the place of two eyes. The majority of scholars are of the opinion that he has the right to qisas for the eye, and half the diya for the other eye, and this is what the evidence dictates. And Allah knows best.

Section: If one cuts off the hand of a person who has already lost a hand, or the leg of a person who has already lost a leg, he is entitled to half the diya or qisas from its counterpart; because it is a limb for which qisas is possible from its counterpart, so what is mandatory regarding it is either qisas or the diya of its counterpart, just as if one cut off the ear of someone who only has one ear. From Ahmad, there is another narration, that if the first [limb] was cut off unjustly and he took its diya, or it was cut off as qisas, then it involves half its diya. But if it was cut off in the path of Allah, then for the remaining one, a full diya is due; because he has rendered his benefits from both members entirely defunct, so it resembles the plucking of the eye of a one-eyed person. The correct position is the first one; because this is one of the two members through which the utility of the species is obtained, it does not stand in the place of two members, so a full diya is not mandatory for it, like other limbs, and just as if