Is retaliation (Qisas) permissible for an injury to a limb before the wound has healed?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
Retaliation for an injury to a limb is impermissible until the wound has healed. This is the opinion held by the majority of scholars, including Al-Nakha'i, Al-Thawri, Abu Hanifa, Malik, Ishaq, and Abu Thawr, and it is narrated from 'Ata and Al-Hasan. Ibn al-Mundhir stated that every scholar whose opinion we know mandates waiting for the wound to heal. The evidence for this position is derived from the narration of Jabir where a man was stabbed in the knee and requested immediate retaliation (Qisas). The Prophet, peace be upon him, commanded him to wait until he healed. When the man insisted and rushed the process, the Prophet ordered retaliation, resulting in the injured leg of the retaliator becoming crippled while the victim's leg healed. The Prophet then declared, 'You have nothing because you hurried.' This indicates that rushing the process nullifies the right to retaliation.
Supporting text
It is permissible to enact retaliation before healing, based on the view that if the injury leads to death, the retaliation for murder should be executed as applicable. This view is attributed to Al-Shafi'i. The reasoning is that retaliation for a limb injury does not lapse due to subsequent complication (Sarayan), so it should be enacted immediately, similar to the case where the wound has healed.