Is retribution applicable for the male organ (dhkur)?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
There is no known dispute among scholars regarding the application of retribution for the male organ, based on the verse: {And for wounds, there is retribution} (Quran 5:45). Retribution is due because the organ has a defined end and retribution can be applied without injustice, similar to the nose. This applies equally to the organs of the young, old, healthy, or sick, as this principle applies to all limbs subject to retribution. Both the circumcised and uncircumcised are subjected to equal retribution because the foreskin is an addition that ought to be removed, making it as if non-existent.
Supporting text
Regarding the organ of the eunuch (khasi) and the impotent man ('aneen), the view held by Al-Sharif and Malik is that a sound organ cannot be taken in retribution for theirs because they lack function—the impotent man cannot copulate or ejaculate, and the eunuch cannot procreate or ejaculate, and intercourse is difficult. They are treated like a paralyzed hand, where a complete hand cannot be taken for an incomplete one. Abu Al-Khattab and Al-Shafi'i hold that a sound organ can be taken for theirs, as they are physically capable of contraction and expansion and can serve as a measure for others, similar to the ear of the deaf or the nose of the one with impaired smell; the lack of ejaculation is due to castration or a spinal issue, which does not prevent retribution. Al-Qadi argues that the sound organ cannot be taken for the eunuch's organ due to its confirmed deficiency and hopelessness of recovery, though there are differing views regarding the impotent man, where retribution might be due if the condition is temporary (e.g., delayed for a year). The preferred view is that if the status is uncertain between equality and deficiency, retribution is not due, as the default is equality, and certainty of deficiency must be established.