on Retaliation for Wounds

Imam Malik, may Allah have mercy on him, said: In our view, it is agreed upon that if a person breaks someone’s hand or foot, then retribution (qisas) will be taken from him, and blood money (diyah) will not be obligatory.

Imam Malik, may Allah have mercy on him, said that retaliation (qisas) for a wound should not be taken until the injured person has recovered. When he recovers, then retaliation will be taken. Now, if the wound of the assailant also heals and becomes like that of the injured, then that is better. If not, and if the wound of the assailant worsens and he dies because of it, then there will be no compensation upon the injured. If the wound of the assailant heals completely but the hand of the injured becomes paralyzed or some other defect remains, then retaliation will not be taken from the assailant, but compensation equal to the loss will be taken from him.

Imam Malik, may Allah have mercy on him, said that if a man intentionally puts out his wife's eye, breaks her hand, or cuts off her finger, then retribution (qisas) will be taken from him. However, if he strikes his wife with a rope or whip as a warning and, unintentionally, it hits a place causing a wound or damage, then blood money (diyah) will be obligatory, not retribution (qisas).

Imam Malik (may Allah have mercy on him) was informed that Abu Bakr bin Hazm carried out retribution for the breaking of a thigh.