therefrom, either toward the inside of the mouth or toward the lip, and the perpetrator has its like in the same location, the victim has the right to retaliation or to receive compensation (hukuma) for his tooth. If he does not have its like in its location, the victim has nothing but compensation. If one of the two extra teeth is larger than the other, there are two views: One is that the larger is not taken for the smaller because the compensation for it is greater, so that which is of lesser value is not extracted in return for it. The second is that it is taken, because they are two teeth (9) equal in position, so each one of them is taken for the other, like the original teeth; and because the saying of Allah the Exalted, "And the tooth for the tooth" (11), is general, so the subject of the dispute falls under it. If we say that analogy (12) is established regarding the two extra teeth through ijtihad (legal reasoning), then what is established by ijtihad is treated similarly to what is established by the text, and the difference in value does not prevent retaliation, as evidenced by its application between slaves, and between male and female, in cases of life and extremities. Moreover, the largeness of a tooth does not necessitate a higher value; for an extra tooth is a deficiency and a blemish, and the magnitude of the blemish is an increase in the deficiency, not in the value. Furthermore, the largeness of an original tooth does not increase its value, so the extra tooth is the same.
Section: The tongue is taken for the tongue, due to His saying, the Exalted, "And the wounds [are subject to] legal retribution" (11). And because it has a limit at which it ends, so retaliation is taken from it, like the eye. We know of no disagreement regarding this. The tongue of a speaking person is not taken for the tongue of a mute, because he is superior to him. A mute's tongue is taken for a speaking person's because it is some of his right. Part of the tongue is taken for a part thereof, because if retaliation is possible in its entirety, it is possible in a part of it, like the tooth. This is estimated by parts, and taken from it by calculation.
Section: The lip is taken for the lip, which is what exceeds the chin and the cheeks, both above and below (13), due to the saying of
(8) The "wa" (and) is omitted from the original and M. (9) In B: "two teeth". (10) In the original: "equal" (feminine dual). (11) Surah Al-Ma'idah 45. (12) Omitted from the original. (13) In the original: "or below".
