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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Is retaliation valid by mutual agreement when the location differs?

Machine translationRead the Arabic original
The questioner : The aggressor did not have this part, for example, if the injury was the amputation of the thumb, and he did not have a thumb on his right hand.

The Shaykh : Then there is no retaliation. The blood money is due, or for example, if two adjacent front teeth in the middle of the teeth are broken, and he does not have a front tooth, then the retaliation is dropped. Yes.

The questioner : We said that retaliation is not possible if the name or the location differs, but if there is mutual agreement.

The Shaykh : It is not permissible even if there is a connection, because a person is a trust in himself. For this reason, the scholars said that it is not permissible to transplant an organ to another person, even from a dead person who bequeathed it. The scholars mentioned this in the book of funerals; I think it is mentioned in al-Iqna' in the chapter on washing the dead, that an organ is not to be transferred to another person, even if he bequeathed it, even from a dead person who bequeathed it. Because the body is a trust with you, so it is not permissible to be negligent with any part of it. And breaking the bone of a dead person is like breaking it while he is alive.
Source قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 3508 - 4600 هل يصح القصاص بالتراضي مع اختلاف الموضع؟ ابن عثيمين — youtube.com

The Arabic text is a machine transcription of the audio recording.

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