What is the ruling on retribution (Qisas) when intentionally cutting part of another person's tongue results in more speech loss for the aggressor?
Chapter on Diyat (Blood Money) for Wounds
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
Retribution is permissible when a person intentionally cuts part of another's tongue, and the injured party retaliates in kind. If the retaliation results in the aggressor losing an amount of speech equal to or greater than what was lost by the victim, the victim has fully exercised his right. Nothing is due for the excess loss because it is considered a consequence (Sirayah) of the retribution, and consequences of retribution are not subject to guaranteed compensation.