What is the ruling when a hand is severed through the middle of the palm (not at a joint)?

Chapter on Retaliation (Qawad)

Al-Mughni

Book of Wounds

Book 47 · Issue 2 · Bab 2

Open in Qurani

Primary text

Retaliation (Qisas) by severing at the point of injury is disallowed because the point of severance is not a joint, making precise execution without excess impossible. The injured party may alternatively demand amputation of the fingers. This latter option is the view of Al-Shafi'i and our associates, as the injured party accepts less than their full right due to the inability to execute the full right. This is contrasted with severance at the wrist, where full right execution is possible, invalidating recourse to an alternative remedy.

Supporting text

There are differing views on whether the injured party receives compensation (Arsh) for the middle of the palm that was severed. One view denies this compensation because it combines Qisas and Arsh on a single limb, similar to severance at the wrist. The alternative view permits compensation for the middle of the palm because the full right could not be satisfied, thus necessitating compensation for the damaged portion, as is the case with all similar situations. If Diyah is chosen, half of the hand's Diyah is received, as severance from the wrist does not necessitate more than half the Diyah, making less than that appropriate.