Is one liable for damages if they pull their hand from another person's bite, resulting in the biter losing teeth?

General Chapter

Al-Mughni

Book of Beverages (Intoxicants)

Book 53 · Issue 1 · Bab 1

Open in Qurani

Primary text

There is no liability for damages if a person whose hand is being bitten pulls it forcefully from the biter's mouth, causing the biter to lose a tooth. This position is held by Abu Hanifa and Al-Shafi'i. The evidence for this is the report that when a man's hand was pulled from a biter's mouth, a tooth fell out, and the judge Shurayh ruled that the injured party should pull his hand from the mouth of the dog (the biter) and nullified the value of the teeth. Furthermore, the principle is that injury to a limb occurs necessarily in self-defense against the aggressor's harm, and thus there is no liability, similar to a situation requiring the cutting of a limb to ward off an attack. The hadith concerning the indemnity for a tooth (five camels) applies only when the tooth is extracted unjustly, which is not the case here as the extraction is necessary for release.

Supporting text

A dissenting view, held by Malik and Ibn Abi Layla, mandates liability, based on the Prophet's statement: "In the tooth is five of the camels' value."