Al-Mughni by Ibn Qudama - Edited by Al-Turki — Section

may Allah bless him and grant him peace - ordered retaliation (1). Because what is subject to retaliation in its entirety is subject to it in part, if possible, like the ear. This is measured by parts; the half is taken for the half, the third for the third, and each part for its like. It is not taken by measurement (area), so that it does not lead to taking the entire tooth of the perpetrator for a portion of the victim's tooth. The retaliation is to be carried out with a file so as to ensure that no excess is taken. For if we were to take it by breaking, we could not be certain that it might not crack, or be uprooted, or break in a place other than the place of retaliation. Retaliation is not taken until experts say that there is no risk of it being uprooted or of blackness (2) appearing in it; for the mere speculation of excess prevents retaliation in organs, just as if his hand were cut from other than the joint. If it is said: "You have permitted retaliation in extremities despite the speculation of its spreading to the life, so why have you prevented it due to the speculation of spreading to a part of the organ?" We reply: The speculation of spreading to the life is something that cannot be guarded against; if we were to consider it for prohibition, retaliation in extremities would lapse entirely, so its consideration is dropped. As for (3) the spreading to a part of the organ, sometimes we say that what prevents (4) retaliation therein is the possibility of excess in the action, not in the spreading, such as one who takes from part of the forearm; for it is possible that he does more than was done to him. Likewise, one who breaks a tooth without cracking it, and the one fulfilling the retaliation breaks his tooth and cracks it, or extracts it, or breaks more than he broke, then he has exceeded the like, and retaliation relies upon equivalence. Sometimes we say: The spreading to a part of the organ only prevents (6) it if it is apparent, and such a thing is preventive in cases involving life. This is why we have prohibited fulfillment with a blunt or poisoned instrument, and in times of extreme heat or cold (7), to guard against spreading.

Section: Whoever extracts an extra tooth—which is one that grows as an excess not in the alignment of the teeth, protruding

may Allah bless him and grant him peace - ordered retaliation (1). Because what is subject to retaliation in its entirety is subject to it in part, if possible, like the ear. This is measured by parts; the half is taken for the half, the third for the third, and each part for its like. It is not taken by measurement (area), so that it does not lead to taking the entire tooth of the perpetrator for a portion of the victim's tooth. The retaliation is to be carried out with a file so as to ensure that no excess is taken. For if we were to take it by breaking, we could not be certain that it might not crack, or be uprooted, or break in a place other than the place of retaliation. Retaliation is not taken until experts say that there is no risk of it being uprooted or of blackness (2) appearing in it; for the mere speculation of excess prevents retaliation in organs, just as if his hand were cut from other than the joint. If it is said: "You have permitted retaliation in extremities despite the speculation of its spreading to the life, so why have you prevented it due to the speculation of spreading to a part of the organ?" We reply: The speculation of spreading to the life is something that cannot be guarded against; if we were to consider it for prohibition, retaliation in extremities would lapse entirely, so its consideration is dropped. As for (3) the spreading to a part of the organ, sometimes we say that what prevents (4) retaliation therein is the possibility of excess in the action, not in the spreading, such as one who takes from part of the forearm; for it is possible that he does more than was done to him. Likewise, one who breaks a tooth without cracking it, and the one fulfilling the retaliation breaks his tooth and cracks it, or extracts it, or breaks more than he broke, then he has exceeded the like, and retaliation relies upon equivalence. Sometimes we say: The spreading to a part of the organ only prevents (6) it if it is apparent, and such a thing is preventive in cases involving life. This is why we have prohibited fulfillment with a blunt or poisoned instrument, and in times of extreme heat or cold (7), to guard against spreading.

Section: Whoever extracts an extra tooth—which is one that grows as an excess not in the alignment of the teeth, protruding

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Notes

Translation · EN

Notes