Is retribution (Qisas) for injuries less than homicide permissible using a sword or a tool that risks excess application?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
Retribution for injuries less than homicide is not carried out using a sword, nor with any instrument from which an excess application is feared, whether the initial injury was inflicted by that instrument or another. This is because homicide is exclusively exacted by the sword as its specific instrument, and there is no fear of exceeding the intended scope. Therefore, retribution for less than homicide must be executed by its specific instrument while avoiding tools that might lead to exceeding the mandated injury. This prohibition is analogous to the complete prohibition of retribution when there is fear of excess application. If the injury inflicted is a *Muwdiha* (a deep cut exposing bone) or similar, retribution is carried out using a razor or a sharp metal instrument prepared for that purpose.
Supporting text
Execution of retribution for less than homicide requires the person performing it to possess specialized knowledge, such as a qualified surgeon (*Jarahi*) or someone similar. If the guardian of the victim lacks this knowledge, they must seek verification (*Istibana*). According to the apparent view of Imam Ahmad, if the guardian possesses the knowledge, they may carry out the retribution themselves, as this is one of the two types of Qisas, permitting self-execution if competent, similar to homicide.