Is *Qisas* permissible when only a portion of the ear is severed?

Chapter on Retaliation (Qawad)

Al-Mughni

Book of Wounds

Book 47 · Issue 4 · Bab 2

Open in Qurani

Primary text

If a part of the ear is cut off, the injured party may exact *Qisas* upon the assailant's ear, with the exact proportion determined by parts, such as half for half or a third for a third, calculated accordingly. This is permissible because the severed portion can be quantified, and there is no bone fracture involved in the injury, thus allowing *Qisas* in part, similar to the penis. This counters the argument of those who forbid it.

Supporting text

Some scholars among the followers of Al-Shafi'i maintain that *Qisas* is not valid for a portion of the ear because it does not terminate at a definitive boundary.