and an ear for an ear, a tooth for a tooth, and wounds are subject to legal retribution.” [al-Ma'idah 5:45]

Legal retribution for a limb is subject to conditions. The first is that excess must be avoided: the severing must be at a joint, or at a defined boundary where the limb ends, such as the soft tip of the nose.

His statement, “Legal retribution for a limb is subject to conditions,” refers to conditions additional to the four conditions previously mentioned.

His statement, “The first is that excess must be avoided,” means that it must be possible to carry out the retribution without excess. This is a condition for implementing legal retribution. We have previously noted that, if retribution involving a limb is due against a pregnant woman, she is left until she gives birth, even though carrying it out is possible. However, because it is feared that the harm may extend to someone other than the offender, waiting becomes obligatory. Thus, what is intended is the possibility of carrying out retribution without excess. Hence the author says:

“the severing must be at a joint.” Thus, for example, a finger is severed at the joint of a phalanx; the hand at the wrist joint; the forearm at the elbow joint; and the upper arm at the shoulder joint.

His statement, “or at a defined boundary where it ends,” means that it has a boundary at which it ends, even if it is not a joint.

His statement, “such as the soft tip of the nose,” means the soft part of the nose. The nose has a bony bridge, followed by the soft tip, which comprises three things: the two nostrils and the septum between them. Therefore, if someone cuts another person’s nose at the soft boundary, legal retribution may be carried out against him, since it can be done without excess. Likewise, if a man cuts another man’s hand exactly at the wrist joint, legal retribution may be carried out against him; but if he cuts it from the middle of the