Can the tongue of a speaking person be severed in retaliation for the tongue of a mute person?

Chapter on Retaliation (Qawad)

Al-Mughni

Book of Wounds

Book 47 · Issue 2 · Bab 2

Open in Qurani

Primary text

The tongue of a speaking person cannot be severed in retaliation for the tongue of a mute person, because the tongue of the speaker is superior in status. Conversely, the tongue of a mute person must be severed in retaliation for the tongue of a speaking person, as this constitutes a partial fulfillment of the right.