Is retribution (Qisas) applicable for extracting an extra tooth (Zaidah)?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
Retribution (Qisas) is applicable for extracting an extra tooth (a superfluous tooth growing outside the normal alignment) if the aggressor has a tooth in the exact same location. Alternatively, the injured party may take compensation (hukuma) for their tooth. If the aggressor does not possess a corresponding tooth in that location, only compensation (hukuma) is due to the injured party. The validity of this ruling is established concerning physical retribution for injuries, as seen in the general application of the principle of equality in injury, despite textual ambiguity regarding specific valuation differences.
Supporting text
If one of the two extra teeth is larger than the other, there are differing views. One view holds that the larger tooth cannot be extracted in place of the smaller one because the compensation value (hukuma) for the larger tooth is greater, thus preventing the extraction of a lower-valued tooth by a higher-valued one. The opposing view holds that the larger tooth can be extracted for the smaller one because both are teeth occupying the same location, similar to primary teeth, and because the verse {And tooth for tooth} (Quran 5:45) is general and includes disputed cases.