Is Qisas permissible if the perpetrator's tooth grows back but the injured party's removed tooth does not regrow?

Chapter on Retaliation (Qawad)

Al-Mughni

Book of Wounds

Book 47 · Issue 4 · Bab 2

Open in Qurani

Primary text

There are two established views on whether the tooth of the perpetrator can be removed if the injured party's tooth does not return while the perpetrator's tooth has regrown. One view states this is not permissible to avoid taking two teeth for one, citing the verse {And the tooth for a tooth} (Quran 5:45). The second view permits removal, arguing that the perpetrator's tooth was removed and destroyed, thus establishing reciprocity through the destruction of the perpetrator's tooth. Followers of Al-Shafi'i hold similar opposing views on this matter.