What is the ruling regarding the remainder of the wound if full Qisas cannot be executed due to insufficient size on the perpetrator's head?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
There is a difference of opinion among scholars regarding the remainder when full Qisas is infeasible. According to Al-Qadi, based on the apparent view of Abu Bakr, there is no compensatory *Arsh* (monetary compensation) for the remainder, to prevent combining Qisas and Diyah (blood money) for a single injury. This is the position of Abu Hanifa. Under this view, the injured party chooses between executing the full possible measure on the perpetrator's head with no compensation for the remainder, or forgoing Qisas and accepting the Diyah for a Mūḍiḥah wound.
Supporting text
Abu Abdullah ibn Hamid and some of our companions hold that the injured party is entitled to the *Arsh* corresponding to the remaining portion of the injury. This is the view of Al-Shafi'i, because executing Qisas on the injured part became impossible, thus warranting its *Arsh*, similar to when Qisas is impossible for the entire injury. Under this opinion, the executed portion on the perpetrator's head is measured against the original injury, and the *Arsh* for the remainder is taken. If the executed part is one-third, then one-third of the Mūḍiḥah Diyah is due; if it is more or less, it is calculated proportionally from the Mūḍiḥah Diyah. A full Mūḍiḥah Diyah is not due to avoid combining Qisas and Diyah for a single Mūḍiḥah wound.