Is execution by cutting off a hand obligatory if the perpetrator has an extra finger on the hand being cut?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
Execution by cutting off the entire hand is obligatory if the perpetrator possesses an extra finger on that hand. This is held because the extra digit is considered a defect or imperfection in meaning, similar to how it can invalidate a sale, and its existence does not prevent the execution of Qisas (retaliation) against that hand, just as if the item sold had a flaw or a growth (kharaj). This view is narrated from Abu Abdullah ibn Hamid.
Supporting text
The preferred opinion, supported by Al-Qadi and the Shafi'i madhhab, is that execution is not performed because the extra digit constitutes an addition (ziyadah). Under this view, if the injured party also has an extra finger in the location of the perpetrator's extra digit, Qisas is mandatory due to equality. If the extra finger is in a different location, or if the injured party has no extra finger, the perpetrator's hand is not to be cut.