The Ruling on Taking Retaliation Before the Injury Has Healed
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Question:
Your Excellency the Shaykh, the questioner says: If an injury spreads, is taking compensation sufficient, or is it permissible for the victim to demand retaliation for the spread of his injury?
Answer:
It is not permissible in the Shari'ah to take retaliation for an injury or to take its blood money until the injury has healed, lest it spread and cause death. Therefore, neither retaliation nor blood money is taken until the outcome of the injury and its healing are known. This is a well-known principle. A man came to the Prophet (peace and blessings be upon him) demanding retaliation from a person who had stabbed him in the knee. The Prophet (peace and blessings be upon him) told him to wait until it healed. The man persisted with the Messenger (peace and blessings be upon him), so he took retaliation from the offender: a wound for a wound. The injury spread to the victim's leg and caused it to wither, or he became lame; the injury spread to him and he became lame. He came to demand [retaliation] after that. The Prophet (peace and blessings be upon him) said: I had forbidden you, I hadBulugh al-Maram 9:10 Therefore, it is not permissible to take retaliation for an injury or to take its compensation until it has healed and the extent of its outcome is known.
Your Excellency the Shaykh, the questioner says: If an injury spreads, is taking compensation sufficient, or is it permissible for the victim to demand retaliation for the spread of his injury?
Answer:
It is not permissible in the Shari'ah to take retaliation for an injury or to take its blood money until the injury has healed, lest it spread and cause death. Therefore, neither retaliation nor blood money is taken until the outcome of the injury and its healing are known. This is a well-known principle. A man came to the Prophet (peace and blessings be upon him) demanding retaliation from a person who had stabbed him in the knee. The Prophet (peace and blessings be upon him) told him to wait until it healed. The man persisted with the Messenger (peace and blessings be upon him), so he took retaliation from the offender: a wound for a wound. The injury spread to the victim's leg and caused it to wither, or he became lame; the injury spread to him and he became lame. He came to demand [retaliation] after that. The Prophet (peace and blessings be upon him) said: I had forbidden you, I had
I forbade you (to take retaliation until your wound was healed) but you disobeyed me, may Allah keep you away from His mercy (for your disobedience), and as for your lameness you are not entitled to any compensation (as he retaliated before he discovered the lameness otherwise he would have been entitled half the Diyah).
نهيتك فعصيتني فأبعدك الله وبطل عرجك
Source
سراية الجناية بعد أخذ العوض — alfawzan.live
The Arabic text is a machine transcription of the audio recording.