Retaliationis
inflicted for a
hand
or foot
(ftruck off at
the joint,) an
ear, a nofe,
or an eye (if
not forced out
ofthefocket;)
C H A P . III.
Of Retaliation in Matters ftiort of Life.
I f a perfon wilfully ftrike off the hand of another at the wrift, his
hand is to be ftruck off in return, notwithftanding it be larger than
the hand of the other; becaufe the'word of G od (in the K oran)
“ fays, “ T here is r e t a l ia t io n in case of wounds;” —and
alfo, becaufe, as the point upon which retaliation turns is a perfett
equality, it-is therefore to be inflicted in every cafe where an attention
to fuch equality is poffible; and as this is poflible in the cafe of ftrik-
ing off the hand at the wrift, it is therefore incurred in that inftance.
N o regard, moreover, is paid to the fize of the hand; becaufe there
is no difference in the ufe or advantage of a hand according as it may
be large or fmall.
*
If a perfon ftrike off the foot o f another at the ankle, or cut off
the nofe or ear of another, retaliation is to be inflicted upon him in return,
fince in fuch cafes it is poffible to attend to equality, as thofe are
all diftinCt members.
If a perfon ftrike another on the eye, fo as to force the member,
with its veffels, out o f the locket, there is no retaliation in this cafe,
it being impoflible to preferve a perfect equality in extracting an eye.
I f , on the contrary, the eye remain in its place, but the faculty of
feeing be deftroyed, retaliation is to be inflicted, as in this cafe equality
may be attended to by extinguilhing the light of the offender’s
correfponding eye with a hot iron.
If
If a perfon ftrike out the teeth of another, he [the ftriker] incurs
retaliation; although his teeth lhould be larger; becaufe the fix e of
the.teeth occafions no difference of advantage in the ufe of them; and
the neceffity of retaliation, in fuch a cale, is moreover fupported by a
text of the K or an, where G od has faid, “ E x a c t a tooth for. a
“ TOOTH.”
Re t a l ia t io n is not to be inflicted in the cale o f breaking any
bones except the teeth; becaufe it is impoflible to obferve an equality
in other fractures, fince, i f retaliation- were exacted in fuch cales,
it is to be apprehended that it might be inflicted to a degree greater or
lefs than the offence.— It is otherwife in the cafe o f teeth; for i f thofe
Be broken, retaliation may be inflicted by filin g, or if they be ftruck
out, by extracting with an inftrument.
O ffences which do not affeCt life are of tw o deferiptions ; Amd,
or wilful-, and Khota, or by mifadventure-,— an& the semblance o f
wilful (which, in offences affecting life, we term manflaughter) does
not here.find any place; becaufe the inftrument ufed in taking life is
the criterion by which the offence, is determined to amount fo man-
ftaughter,. death being different according to the inftrument ufed in
producing rt; but a deftruaion of any thing fliort o f life (that is, of
member) is not different with relation to the difference in thejnftru-
nient, as has been already-obferved•
T here is no retaliation, in offences Ihort of life, between a man
and a woman, a free perfon and a Have, or one Have and another
Have. S h a f i i maintains that retaliation holds in all thefe cafes — except
where a freeman ftrikes off the limb of a Have, in which in’ftance
e limb of the freeman is not ftruck'off;— for as (according to him)
e a lafcton for parts of the body is a dependant of retaliation for the
PerJon, (the parts of the body being dependants of .the whole man,)
6 ;
i t
and alfo for
the teeth:
but not for
fraft urts.
Offencesfhort
of life are
either wilful;
or by mifadr
•venture;
and do not
induce retaliation
between
a matt
and a woman,
a free perfon
and a flaw,
or one flave
and anothert ■