Is retaliation (Qisas) obligatory if an amputated ear is reattached and adheres?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
Retaliation (Qisas) is obligatory if a severed ear is reattached successfully. This is the position held by Al-Qadi, Al-Thawri, Al-Shafi'i, and Ishaq. The justification is that the obligation for amputation arose at the moment of severing, which fact is established. If the ear subsequently falls off, whether soon or later, the injured party retains the right to Qisas, and any compensation previously taken must be returned.
Supporting text
Abu Bakr and Malik hold that there is no Qisas in this situation because the removal was not permanent, meaning the perpetrator is not liable for the permanent removal of the victim's ear.