What is the ruling regarding the compensation value difference between two extra teeth of unequal size?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
If one extra tooth is larger than the other, one opinion states that the larger tooth cannot be extracted in place of the smaller one because the compensation value (hukuma) for the larger tooth is greater. The opposing view holds that extraction is permissible because both teeth occupy the same location and are considered equal for the purpose of retribution, analogous to primary teeth. Furthermore, it is argued that the difference in valuation does not preclude Qisas, citing its application between slaves and between males and females concerning life and limbs. Additionally, the greater size of an extra tooth does not necessarily increase its monetary value, as an extra tooth is considered a defect, and an increase in defect signifies an increase in deficiency, not value, similar to how the size of a primary tooth does not increase its base value.
Supporting text
The justification for allowing extraction based on the generality of the verse {And tooth for tooth} (Quran 5:45) supports the view that the larger tooth can be extracted for the smaller one, even if applying analogy (Qiyas) to extra teeth based on juristic effort (Ijtihad) is considered secondary to direct textual evidence (Nass).