Retaliation for Wounds

"And We ordained therein for them: "Life for life , eye for eye, nose for nose, ear for ear, tooth for tooth, and wounds equal for equal." But if anyone remits the retaliation by way of charity, it shall be for him an expiation. And whosoever does not judge by that which Allah has revealed, such are the Zalimun (polytheists and wrong-doers - of a lesser degree)." (Qur'an 5 : 45)

Imam Abu Nasr bin As-Sabbagh stated in his book, Ash-Shamil, that the scholars agree that this Ayah (5:45) should be implemented, and the Imams agree that the man is killed for a woman whom he kills, according to the general indications of this Ayah. A Hadith that An-Nasa'i recorded states that the Messenger of Allah had this statement written in the book that he gave `Amr bin Hazm,

(The man is killed for the woman (whom he kills).) In another Hadith, the Messenger said,

(Muslims are equal regarding the sanctity of their blood.) This is also the opinion of the majority of the scholars. What further supports what Ibn As-Sabbagh said is the Hadith that Imam Ahmad recorded that Anas bin Malik said, "Ar-Rabi` (his aunt) broke the tooth of a girl, and the relatives of Ar-Rabi` requested the girl's relatives to forgive (the offender), but they refused. So, they went to the Prophet who ordered them to bring about retaliation. Anas bin An-Nadr, her brother, asked, `O Allah's Messenger! Will the tooth of Ar-Rabi` be broken' The Messenger of Allah said, `O Anas! The Book of Allah prescribes retaliation.' Anas said, `No, by Him Who has sent you with the Truth, her tooth will not be broken. ' Later the relatives of the girl agreed to forgive Ar-Rabi` and forfeit their right to retaliation. The Messenger of Allah said,

(There are some of Allah's servants who, if they take an oath by Allah, Allah fulfills them.)'' It was recorded in the Two Sahihs.

Allah said

(and wounds equal for equal.) `Ali bin Abi Talhah reported that Ibn `Abbas said, "Life for life, an eye for an eye, a nose, if cut off, for a nose, a tooth broken for a tooth and wounds equal for wound.'' The free Muslims, men and women, are equal in this matter. And their slaves, male and female, are equal in this matter. And this ruling is the same regarding intentional murder and lesser offenses, as Ibn Jarir and Ibn Abi Hatim recorded.

The retaliation for wounds should not be implemented until the wounds of the victim heal. If retaliation occurs before the wound heals, and then the wound becomes aggravated, the victim will have no additional rights in this case. The proof for this ruling is what Imam Ahmad narrated from `Amr bin Shu`ayb, from his father, from his grandfather that a man once stabbed another man in his leg using a horn. The victim came to the Prophet asking for retaliation, and the Prophet said

(Not until you heal.) The man again came to the Prophet and asked for equality in retaliation and the Prophet allowed him that. Later on, that man said, "O Messenger of Allah! I limp now.'' The Messenger said,

(I had asked you to wait, but you disobeyed me. Therefore, Allah cast you away and your limp has no compensation.) Afterwards, the Messenger of Allah forbade that the wound be retaliated for until the wound of the victim heals. If the victim is allowed to retaliate for his wound caused by the aggressor and the aggressor dies as a result, there is no compensation in this case, according to the majority of the Companions and their followers.

Allah said

(But if anyone remits the retaliation by way of charity, it shall be for him an expiation.) `Ali bin Abi Talhah reported that Ibn `Abbas commented that

(But if anyone remits the retaliation by way of charity) means; "If one pardons by way of charity, it will result in expiation for the aggressor and reward for the victim.'' Sufyan Ath-Thawri said that `Ata' bin As-Sa'ib said that Sa`id bin Jubayr said that Ibn `Abbas said, `He who pardons the retaliation by way of charity, it will be an expiation for the aggressor and a reward for the victim with Allah.'' Ibn Abi Hatim recorded this statement. Jabir bin `Abdullah said that Allah's statement,

(But if anyone remits the retaliation by way of charity, it shall be for him an expiation,) "For the victim.'' This is also the opinion of Al-Hasan Al-Basri, Ibrahim An-Nakha`i and Abu Ishaq Al-Hamdani. Imam Ahmad recorded that `Ubadah bin As-Samit said, "I heard the Messenger of Allah saying,

(Any man who suffers a wound on his body and forfeits his right of retaliation as way of charity, then Allah will pardon him that which is similar to what he forfeited.) An-Nasa'i and Ibn Jarir recorded this Hadith. Allah's statement,

(And whosoever does not judge by that which Allah has revealed, such are the unjust.) Earlier we mentioned the statements of `Ata' and Tawus that there is Kufr and lesser Kufr, injustice and lesser injustice and Fisq and lesser Fisq.

So it is clear whoever forgoes his right of retaliation does a good deed which will atone for many of his sins. The same is confirmed by a tradition of the Prophet (peace be on him) in which he said: 'Whoever receives an injury on his body, then pardons (the inflictor of the injury), his sins are atoned for to the measure of his pardoning.' (Ahmad b. Hanbal, Musnad, vol. 5, pp. 316, 329 - Ed.)

See also Exodus 21: 23-5.