Is the hired person compelled to extract the tooth if it does not heal, but the person hiring refuses the extraction?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the tooth does not heal, but the person who hired the extractor refuses to proceed with the extraction, the extractor cannot be compelled to perform the extraction. This is because the destruction (*itlaf*) of a part of a human being is fundamentally forbidden (*muharram*). It is only permitted when its continued presence constitutes harm (*darar*), a matter delegated to the individual's self-determination, provided they are competent. The owner of the tooth has the best knowledge of its harm, benefit, and the extent of their pain.