upon the person responsible for it, and there are many examples of this. An exception to the principle that the spread of an injury entails liability will be mentioned shortly: if the injured party exacts retaliation before the wound has healed, then the resulting spread entails no liability. For example, a man deliberately cuts off another man’s finger, and the one whose finger was severed demands that the offender’s finger be cut off, insisting upon it repeatedly. If it is cut off in this situation and the injury subsequently spreads, that spread is disregarded, as this issue will soon be explained, Allah willing.
His statement, “The spread resulting from retaliation entails no liability”: retaliation here means legal retribution. Thus, if we exact retaliation from the offender and the retaliatory injury then spreads, it is disregarded; that is, no compensation is due for it. For we say: you were the aggressor, so you have no claim.
This principle is based on a rule recognized by the scholars: “Whatever results from an authorized act entails no liability.” Here, retaliation is authorized. Thus, if we exact retaliation from this man and cut off his hand, and the retaliatory injury then spreads, this has resulted from something authorized and therefore entails no liability.
An exception to this rule is where retaliation is carried out at a time when there is reason to fear that the injury will spread—for example, during intense heat or severe cold, or in the case of a person who has diabetes. Such a person will generally not heal, and there is reason to fear that the injury will spread. If this is the case, the scholars say that the resulting spread entails liability, because it resulted from something unauthorized. If you say, “But retaliation is authorized in principle,” the answer is: in this particular circumstance, it is not authorized, and liability is therefore incurred.
His statement, “Retaliation is not carried out in exchange for a limb or a wound before it has healed”: the preposition “from” here indicates substitution; that is, retaliation is not carried out in exchange for a limb or a wound. The preposition “from” may indicate substitution, as in the saying of Allah, the Exalted: “Had We willed, We could have replaced you with angels, succeeding one another on the earth.” [al-Zukhruf: 60] Thus, “from among you” here means “in your place.”