Seventh, cutting from the shoulder (mankib): the obligation is retaliation, because it is a joint. If he chooses the blood money, he receives the blood money for the hand and a government (arbitration) for what is in excess. Eighth, dislocating the bone of the shoulder, which is called the 'mishṭ' of the shoulder: he shall refer this to two trustworthy experts. If they say that it is possible to exact retaliation without it becoming a 'ja'ifah' (abdominal wound), he exacts it; otherwise, the matter reverts to blood money. Regarding the permissibility of exacting retaliation from the elbow or what is below it, it is the same as we have mentioned in its counterparts. Similar to these issues are those regarding the foot: the shank is like the forearm, the thigh is like the upper arm, the hip is like the bone of the shoulder, and the foot is like the palm.

1443 - Issue: He said: "And there is no retaliation for a 'ma'mumah' (head wound reaching the membrane of the brain) nor for a 'ja'ifah'."

The 'ma'mumah' is a wound of the head which reaches the skin of the brain; that skin is called the 'umm al-dimagh' (mother of the brain) because it holds it together. Thus, a wound reaching it is called 'ma'mumah' or 'ammah' because of its reaching the 'umm al-dimagh'. The 'ja'ifah' is in the body, and it is a wound that reaches the interior (cavity). There is no retaliation for either of them according to any of the scholars we know, except what was narrated from Ibn al-Zubayr that he exacted retaliation for a 'ma'mumah', but people disapproved of it and said: "We have not heard of anyone who exacted retaliation for it before Ibn al-Zubayr." Among those who did not see retaliation in this are Malik, al-Shafi'i, and the scholars of opinion (ashab al-ra'y). It was narrated from Ali, may Allah be pleased with him: "There is no retaliation in a 'ma'mumah'." This was also stated by Makhul, al-Zuhri, and al-Sha'bi. Ata' said,