Is the guardian liable for harm resulting from circumcising a child during a moderate season?

General Chapter

Al-Mughni

Book of Beverages (Intoxicants)

Book 53 · Issue 1 · Bab 1

Open in Qurani

Primary text

The guardian incurs no liability (*daman*) if harm results from circumcising a male child during a season moderate in heat and cold. This is because the act is commanded by religious law (*Shari'ah*), and one is not liable for harm resulting from a commanded act, analogous to amputation for theft. The ruling is supported by the principle that this is an act ordered by the law.