How is *Qisas* exacted for the loss of an ear?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
The ear is taken for the ear as retaliation (*Qisas*). This is based on the Divine decree, "And the ear for the ear" (Quran 5:45). The ear is subjected to *Qisas* because it terminates at a clear dividing boundary, making it analogous to the hand.
Supporting text
A large ear is taken for a small one. An ear that can hear is taken for an ear that can hear, and the ear of a deaf person is taken for either type of ear because they are equal in the physical structure. The loss of hearing is considered a deficiency in the head, as that is the location of hearing, not a deficiency inherent in the ear itself. A sound ear is taken for a pierced ear because piercing is customarily done for adornment and is not considered a defect. However, if the piercing is misplaced or if the ear is torn (*makhroomah*), the sound ear is taken for the torn one, and the sound ear is not taken for the pierced one, as a misplaced piercing constitutes a defect in the ear, and a torn ear involves damage.