Section

The Second Category: Wounds

Retaliation is carried out for every wound that reaches the bone, such as an mūḍiḥah wound.

His statement: “The second category: wounds,” meaning the second category of retaliation for offences less than homicide. We must remember the two preceding principles stated at the beginning of the chapter:

First: whoever may be subjected to retaliation for killing someone may likewise be subjected to retaliation for wounding him; whoever may not, may not.

Second: if an offence entails retaliation in cases of homicide, it entails retaliation in cases of wounding; otherwise, it does not.

Accordingly, there is no retaliation for a wound inflicted by mistake; there is no retaliation when a Muslim wounds a disbeliever; and—according to the established position of the school—there is no retaliation when a parent wounds his child.

His statement: “Retaliation is carried out for every wound that reaches the bone.” This is the principle governing retaliation for wounds. If the wound does not reach the bone, then there is no retaliation, because where it reaches the bone, retaliation can be carried out without injustice: one removes the flesh until reaching the bone. But where it does not reach the bone, retaliation cannot be carried out. This is based on what has preceded: that retaliation must be possible without injustice. An example is his statement: “such as an mūḍiḥah wound,” which is a wound that exposes the bone, specifically on the head or face. This is what the Arabic language indicates, for when the Arabs use the term mūḍiḥah, they mean only a wound on the head or face,