Nasai

Hadith Commentary:
Vocabulary of the Hadith:
Istaa‘da:
He sought help and assistance.

Benefits and Issues:
No person is willing to allow another person to start biting his hand,
and to leave his hand in the other’s mouth so that he may keep biting it.
This is a natural and human instinct,
therefore, how can one be held accountable for this?
In this way, the Prophet sallallahu alayhi wa sallam explained the matter to him in a situational and psychological manner, that your demand is not correct.
If you were in his place,
you too would have pulled your hand away from his mouth.

Explanation:

1:
That is:
There is also retribution (qisas) for wounds.
(al-Ma'idah: 45),
Therefore, in cases where retribution is possible, it should be carried out, and in cases where it is not possible, the judge (qadi) will act according to his own ijtihad (independent legal reasoning).

(1) The purpose here is that if a person bites someone and the other person pulls his hand away from the mouth of the one biting, causing the biter’s tooth to break, then there will be no retribution (qisas) for this. If retribution had been obligatory in this case, the Messenger of Allah (sallallahu alayhi wa sallam) would have ordered it.

(2) From this blessed hadith, it is established that it is permissible to present a case before the ruler of the time for judgment. It is also established that a person should not begin to take retribution (qisas) on his own. Doing so may lead to oppression, excess, and the spread of evil and corruption, which would destroy the peace and security of society.

(3) When necessary, it is permissible to liken a person to an animal. The real purpose of this is to instill aversion to such a reprehensible act that is not befitting of him. This is why the Messenger of Allah (sallallahu alayhi wa sallam) likened this person’s wrongful act to the act of an animal.

(4) This blessed hadith also establishes that defending oneself from an attacker is, according to the Shariah, correct and permissible—especially when escape is impossible without it. If, during this, any limb of the attacker is lost, then no retribution (qisas) will be taken from the defender, just as in the hadith the tooth of the person who was biting the hand was broken and the Prophet (sallallahu alayhi wa sallam) did not assign any compensation for it.

Benefits and Issues:
(1)
The one who is attacked has the right to defend himself.

(2)
If, in this attempt, the attacker is harmed, then no compensation will be imposed upon the other person.

Takhrij:
«أخرجه البخاري، الديات، باب إذا عض رجلاً فوقعت ثناياه، حديث:6892، ومسلم، القسامة، باب الصائل علي نفس الإنسان وعضوه، إذا دفعه...، حديث:1673.»©Explanation:
This hadith proves that if, in the process of removing harm or injury caused by someone, a person happens to commit an offense, then that offense is not subject to accountability. This is the position of the majority (jumhur) of scholars.