finger. This was mentioned by al-Qadi, and it is the chosen view of Ibn Hamid, and the school of al-Shafi'i; because he found a part of his right, so he was entitled to fulfill the portion that exists and take the substitute for the lost part, just like someone who destroys a fungible object belonging to a man, and he [the owner] finds some of the [equivalent] fungible. Abu Bakr said: He is given a choice between retaliation and having nothing with it, or the blood-money. This is the consequence of his [Abu Bakr's] opinion, and it is the school of Abu Hanifah; because one does not combine in a single limb both retaliation and blood-money, just like [the case of] a life. If the cutting of the hand was earlier than the cutting of the finger, his right hand is cut in retaliation, and the owner of the finger has the right to its compensation (arsh). This differs from when he kills a man, then cuts the hand of another, where we prioritized the fulfillment of the cutting despite it being later; because the cutting of the hand does not prevent equality in the case of life, evidenced by the fact that we take a complete limb for an incomplete one, and that their blood-money is the same. Conversely, the deficiency of the finger prevents equality in the [case of the] hand, evidenced by the fact that we do not take a complete [hand] for an incomplete one, and the difference in their blood-money. If the owner of the hand pardons, the finger is cut for its owner, if he chooses to have it cut.

1441 - Issue: He said: (And if he wounds him with a wound from which it is possible to retaliate without injustice, retaliation is carried out against him.)

The sum of this is that retaliation applies to wounds below the level of life if it is possible, due to the text [of the Quran] and consensus. As for the text, it is the saying of Allah the Almighty: {And wounds are [subject to] legal retribution} [Al-Ma'idah: 45]. It is narrated by Anas ibn Malik that al-Rubayyi' bint al-Nadr ibn Anas broke the front tooth of a slave girl, so they offered them the compensation, but they refused anything but retaliation. Her brother, Anas ibn al-Nadr, came and said: "O Messenger of Allah, will the front tooth of al-Rubayyi' be broken? By the One who sent you with the truth, her front tooth shall not be broken!" The Prophet (peace and blessings of Allah be upon him) said: "O Anas, the Book of Allah is retaliation." He said: So the people pardoned, and the Prophet (peace and blessings of Allah be upon him) said: "Indeed, among the servants of Allah are those who, if they were to swear by Allah, He would fulfill it for them." [Agreed upon]. The Muslims have reached consensus on the implementation of retaliation in cases below the level of life if it is possible, and because [a part] below the level of life is like the life itself in the need to protect it through retaliation; therefore, it is like the life in the obligation of this [protection].