If both were ignorant, there are two views. The first is that the liability lies upon the Imam, just as if they had both been aware. The second is that it lies upon the guardian. This is the school of al-Shafi‘i. Abu al-Khattab said: The liability is on the ruler, and he did not differentiate. Al-Muzani said: The liability is on the guardian in every case, because he is the direct perpetrator, and the cause does not force the outcome, so the liability is upon him, like the digger of a pit with the one who pushes [a person] into it, and just as if he ordered someone who knows the prohibition of killing to commit it, and he killed. We have already mentioned what necessitates differentiation. And Allah knows best.

1452 - Issue: He said: (If the one who cuts is sound-limbed and the one whose limb is cut is paralyzed, there is no retaliation).

We do not know of any scholar who said it is mandatory to cut a hand, foot, or tongue that is healthy in exchange for one that is paralyzed, except for what is narrated from Dawud, that he made it mandatory, because each one of them is named by the name of the other, so it is taken in exchange for it, like the two ears. Our position is that the paralyzed [limb] has no utility other than beauty, so it cannot be taken in exchange for that which has utility, just as a healthy one is not taken in exchange for a sightless one. What he mentioned is an analogy, and he does not believe in analogy. And if he does not mandate retaliation for the eyes despite the saying of Allah the Almighty: {And the eye for the eye}, due to their disparity in health and blindness, then it is more appropriate that he does not mandate that in cases where there is no text.

Section: If one cuts a paralyzed ear or a paralyzed nose, can a healthy one be taken in exchange for it? There are two views regarding this. The first is that it is not taken in exchange for it, like all other limbs. The second is that it is taken in exchange for it, because its utility does not vanish due to its paralysis, for the utility of the ear is collecting sound, repelling insects, and covering the area of hearing, and the utility of the nose is collecting scent and repelling air and insects, so it is equal to the healthy one in beauty and utility.