What is the ruling if a tooth is removed from a person who has already shed and regrown their primary teeth (i.e., has 'Athghar')?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
If a tooth is removed from one who has already shed and regrown their primary teeth ('Athghar'), Qisas is due immediately because the expectation is that the tooth will not return. This is the position held by some followers of Al-Shafi'i.
Supporting text
The view of the Judge (Al-Qadi) is that medical experts should be consulted. If they state the tooth will not regrow, Qisas is immediate. If they indicate regrowth is hoped for by a certain time, Qisas is delayed until that time passes. If regrowth occurs after the delay, neither Qisas nor Diyah is due, which aligns with Abu Hanifa and one opinion of Al-Shafi'i. Another opinion of Al-Shafi'i holds that the *arsh* (partial compensation) is not dropped because the regrown tooth is considered a new grant, and thus, waiting for its return for liability purposes is unnecessary. However, the main view argues that since a tooth has returned, the *arsh* is dropped, similar to the tooth of one who has not yet shed their primary teeth.