Is Qisas applicable if a hand with four original fingers and one supernumerary finger is injured by the amputation of a hand possessing five original fingers?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
According to Ibn Hamid, Qisas is due in this case because the supernumerary finger is disregarded. Others state that if the supernumerary finger is not located in the position of an original finger, there is no Qisas because the two fingers are distinct.
Supporting text
Al-Qadi states that Qisas applies if the supernumerary finger is in the location of an original finger, and the injured party receives nothing for the defect of the supernumerary finger. This view is considered questionable, as a finger in the location of a missing original digit is considered an original finger, provided it is not merely weak or crooked.