If it is feared, then its amputation is feared. If the person from whom it is amputated is a child or insane, and a stranger amputates it, then he is liable for retribution (qisas) because he has no guardianship (wilaya) over him. If his guardian amputates it—whether it be the father, the guardian (wasi), the ruler, or his trustee appointed over him—there is no liability upon him because he intended the person's benefit, and he has the discretion (nazar) to manage their interests; thus, his action was commanded, and he is not liable for what perishes as a result, just as if he circumcised him and he died. A sil'a is a gland between the flesh (28) and the skin that appears on the body like a nut; it can be on the head or the body, and it is with a kasra on the sin. A sal'a with a fatha on the sin is a head wound.

Section: If the guardian circumcises the child in a time that is moderate in heat and cold, no liability is upon him if he perishes because of it, because it is an action commanded by the Sharia, and he is not liable for what perishes as a result, like amputation in the case of theft. If it is a man or a woman who has not been circumcised, and the authority commands them and they are circumcised, if he is someone the physicians claim will perish from circumcision, or it is likely that he will perish from it, then the one who commanded it is liable because he has no right to do that to them. But if safety is most likely, there is no liability upon him if it was in a moderate time, not excessively hot or cold. This is the view of al-Shafi'i. Abu Hanifa and Malik claimed that it is not obligatory because it was narrated from the Prophet (may the peace and blessings of Allah be upon him) that he said: "Circumcision is a sunna for men and a noble trait for women" (30). As for us, it is the amputation of a sound limb of the body, which causes pain to remove, and nothing is amputated except for what is obligatory, like the hand or foot; furthermore, it is permissible to uncover the private parts for its sake, and if it were not obligatory, it would not be permissible to commit a prohibited act for its sake. As for the report, it has been said that it is weak. Moreover, the obligatory is [sometimes] called a sunna, for the sunna is that which is prescribed to be followed. It is not obligatory until after puberty; if he does not perform it, the ruler compels him to do so.

Section: If the ruler commands a person to climb (31) a wall, or descend into a well, or the like,