Is retribution (Qisas) permissible if a hand with complete fingers severs a hand with fewer fingers?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
Retribution is not incumbent when a hand possessing five fingers severs a hand possessing four or three fingers, or when a hand with four fingers severs one with three fingers. This is because the damage inflicted exceeds the extent of the offender's right to retribution. This ruling is established based on the principle that retribution must be equivalent, and exceeding the extent of the injury is impermissible.
Supporting text
There are two differing views regarding whether the injured party may retaliate by severing the offender's fingers corresponding to the number of their own missing fingers, as discussed in the ruling concerning amputation of the palm half.