Is reciprocal retaliation (Qisas) permissible for all injured phalanges (segments of a finger) when multiple distinct injuries occur to different people on the same finger?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
Reciprocal retaliation (Qisas) is permissible for each injured segment of the finger belonging to the respective injured party. If the uppermost segment (Al-'Ulya) is severed, the owner has Qisas against the perpetrator for the uppermost segment. If the middle segment (Al-Wusta) is severed next, the second injured party has Qisas against the perpetrator for the middle segment. If the lowest segment (As-Sufla) is severed last, the third injured party has Qisas against the perpetrator for the lowest segment. This ruling applies whether the injuries occurred simultaneously or sequentially. Shafi'i supports this ruling. The justification is that the initial inability to carry out Qisas due to the segment being attached to another part is removed once the connection is severed, similar to the ruling concerning a pregnant woman who commits an offense. This situation is distinguished from a case where the compensation (Diyah) was unequal at the time of injury, as here the impediment was due to an external factor (attachment), not an inherent deficiency in the object of retribution.
Supporting text
Abu Hanifa is of the opinion that Qisas is only applicable for the uppermost segment because Qisas was not obligatory for the other segments at the time of the initial injury due to the impossibility of its execution. Since it became executable later, it is not due, similar to a case where compensation becomes equal after the fact when it was unequal initially.