Is it permissible to exact *Qisas* (retaliation in kind) for a head wound (*shajah*) exceeding the *Mawdihah* level (one that exposes the bone)?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
It is permissible to exact *Qisas* only to the level of *Mawdihah* when the injury exceeds it, without disagreement among our companions. This is the opinion of Al-Shafi'i. This is because the injured party is taking retaliation for a portion of his right and is performing the retaliation upon the exact location of the initial assault. The assailant's knife reached the bone and went beyond it, so the retaliation follows the path of the initial incision. Evidence for *Qisas* in like injuries is established by the ruling regarding the ear, based on the statement of Allah the Exalted: "And the ear for the ear" (Quran 5:45).
Supporting text
There is a difference of opinion regarding whether the injured party is entitled to compensation (*ardh*) for the extent of the injury exceeding the *Mawdihah*. One view, favored by Abu Bakr, is that he is not entitled to it because combining *Qisas* and *diyah* (blood money) in a single injury is prohibited, similar to cutting off a sound hand for a crippled one, or executing a Muslim slave for a free Muslim when dealing with capital punishment. The second view, favored by Ibn Hamid and aligning with Al-Shafi'i, states that he is entitled to compensation for the amount exceeding the *Mawdihah*. This is because when full *Qisas* becomes impossible, the ruling transitions to monetary compensation, similar to when two fingers are cut and retribution can only be executed upon one. This is distinguished from the case of the hand because the excess in that case is not distinct in essence, unlike the current matter.