Retaliation for a limb lower than the site of the injury and taking the remainder of the blood money
Machine translationRead the Arabic original
Question:
And the Shaykh asked: Is there a free man who is more noble than one from the thigh down? Does he escape from a castration injury and take the blood money for the missing part?
Answer:
As mentioned previously, if the victim wants to take less than his right, meaning he takes retaliation from the knee, that is permissible. As for whether he is obligated to take the remainder of the blood money, as you heard, there is disagreement among the scholars. What appears is that this is not permissible, because one does not combine blood money and retaliation. Yes.
And the Shaykh asked: Is there a free man who is more noble than one from the thigh down? Does he escape from a castration injury and take the blood money for the missing part?
Answer:
As mentioned previously, if the victim wants to take less than his right, meaning he takes retaliation from the knee, that is permissible. As for whether he is obligated to take the remainder of the blood money, as you heard, there is disagreement among the scholars. What appears is that this is not permissible, because one does not combine blood money and retaliation. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 74 من 89|شرح العدة في شرح العمدة|كتاب الجنايات|باب الاشتراك في القتل|صالح الفوزان|الفقه|كبار العلماء — youtube.com (24:34)
The Arabic text is a machine transcription of the audio recording.
