Islamic Fiqh > Penalties (hudud) > Wounds and diyat: limbs, compensation and qisas > Setting the diyat of wounds
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Updated on 27 September 2026 at 3:52 AM
Setting the diyat of wounds rules the diya by kind of organ: the limb the body carries only once carries the whole diya, twin limbs share it in two halves, and numbered organs share it in proportion. It all rests on the letter of the Prophet (peace be upon him) to Amr ibn Hazm, with the detail of every organ, from the eye to the breasts.
Each ruling is attributed to the school holding it, each hadith carries its original reference, and the figures are those of the source sheets.
The wounds of the rest of the body are the ja'ifa and what is not one; what is not one: the moudiha, the hashima, the mounaqila and the wounds below them, whose ruling has already been set out.
Rule of the ja'ifa: the people of science agree that it belongs to the wounds of the body, not to the gashes of the skull; it occurs in the back and the belly; it carries no talion and it is one third of the diya; if it crosses to the other side, they are two ja'ifas worth two thirds; it is reported in the letter of Amr ibn Hazm that the Prophet (peace be upon him) said:
In the ja'ifa, one third of the diya.
reported in the letter of Amr ibn Hazm (a sound hadith)
And the hadith of Amr ibn Shu'ayb, from his father and his grandfather, attributed to the Prophet (peace be upon him), says:
And for the ja'ifa, one third of the expiation.
reported by Abu Dawud (4564) and by Ahmad (2/224)
The term al-'aql in this hadith designates the diya valued in money.
Ibn al-Mundhir said: the ja'ifa is one third of the diya of a life by agreement; it exists only in the belly, the back or the flanks; no dispute among the scholars. They agree on the third, except what is reported from Makhul, who distinguished intent from accident: two thirds for the intentional, a third for the accidental. Abu Bakr said: none followed him; this lone view contradicts the apparent hadith of Amr ibn Hazm, and there is no difference between accident and intent; all the scholars we know place two thirds in the crossing wound, and Abu Bakr as-Siddiq ruled so.
Ibn Abd al-Barr said: consensus; if anything of the wound reaches the cavity, even through the point of a needle, it is a ja'ifa: one third of the diya, no talion even if intentional. Ibn Hubayra said: the ja'ifa reaches the cavity; one third of the diya by consensus. Ibn Qudama said: the view of most: Medinans, Kufans, people of hadith, holders of opinion, except Makhul; proof: the word of the Prophet (peace be upon him) in the letter of Amr ibn Hazm, and Ibn Umar reported the like. The reason: the ja'ifa is a wound with a fixed amount, its arsh not varying with intent and accident, like the moudiha; no other wound of the body, free of cutting and fracture, has a fixed amount.
The ja'ifa is what reaches the cavity from the belly, the back, the chest, the throat at the bleeding point, the hip or the like; Malik, Abu Hanifa, ash-Shafi'i, al-Batti and their companions agree it exists only in the cavity. Ibn al-Qasim said: even through the point of a needle; the cheek pierced to the inside of the mouth is no ja'ifa, the inside of the mouth following the rule of the outside; the cheekbone broken through to the mouth likewise. Ash-Shafi'i said in one of his two views: it is a ja'ifa since it reached a cavity; the saying is refuted by the pierced cheek; then: the diya of a hashima for the fracture and a hukuma for the surplus; the nose pushed through to the mouth follows the same ruling; the wound reaching the urinary canal is no ja'ifa, it is no cavity where loss is feared.
Two ja'ifas separated by a barrier: two thirds; if the offender breaks the barrier or the sepsis merges the wounds: one ja'ifa worth a third; if a stranger or the victim breaks it: two thirds on the first, a third on the stranger, the victim's act falling away; if the breaking was needed for treatment (the victim, someone on his order, the guardian, the physician): nothing is owed for it, two thirds remaining owed for the first. If one man inflicts a ja'ifa and another widens it: each owes the arsh of a ja'ifa, the act of each alone would have been a ja'ifa, and a man's act is not built on another's act; the physician who widens it with the consent of the victim or his guardian for his benefit owes nothing.
If the offender cuts the thigh and pushes the knife to the hip inflicting a ja'ifa, or cuts the shoulder and draws the knife to the chest inflicting a ja'ifa, he owes the arsh of the ja'ifa and a hukuma for the wound, since the wound lies outside the site of the ja'ifa; like the moudiha of the head pushed to the nape: the arsh of the moudiha and a hukuma for the nape.
Consensus: the crossing wound is worth two thirds of the diya. Ibn al-Mundhir said: everyone we know places it at two thirds, and Abu Bakr as-Siddiq ruled so. Al-Kasani said: two ja'ifas worth two thirds. Abu Bakr ruled two thirds in an assembly of Companions without opposition: consensus. Ibn Qudama said: a wound of the belly exiting on the other side forms two ja'ifas; the view of most: Ata, Mujahid, Qatada, Malik, ash-Shafi'i and the holders of opinion; Ibn Abd al-Barr: I know of no disagreement among them; it is related from a companion of ash-Shafi'i and from Abu Hanifa that it is one single ja'ifa, this one running from outside the body to the cavity, the other from inside to outside.
Our argument: the report of Sa'id ibn al-Musayyab, that a man pierced another with an arrow and Abu Bakr (may Allah be pleased with him) ruled two thirds of the diya, with no dissenter: consensus, reported by Sa'id ibn Mansur in his Sunan; and the report of Amr ibn Shu'ayb, from his father and his grandfather, that Umar ruled the arsh of two ja'ifas for the crossing wound, because it crossed at two points. That detail is not sound: the rule rests on the wound reaching the cavity, not on the manner; the form of the act has no effect when the meaning is equal, and what they describe is not mentioned in any report; the custom is that the ja'ifa occurs this way, and that it occurs by iron, while it remains a ja'ifa by another means. The proof: one who inserts his hand into a ja'ifa and tears the belly elsewhere owes the arsh of one ja'ifa, with no known disagreement; one who exposes the bone of the head then withdraws the knife elsewhere: two moudihas; one who drives in a hashima with two exits: two hashimas.
The second type: the diya in the limbs: the people of science agree that every limb harmed by accident carries the diya.
The jurists agree: what the body carries once only, like the tongue, the nose, the penis and the base of the spine, carries the whole diya: its destruction takes away the function of the whole kind, like the destruction of a life; what the body carries twice, like the hands, the feet, the eyes, the ears, the nostrils, the lips, the testicles, the breasts and the hips, carries the whole diya for the pair and half for one: destroying one takes away half the function of the kind.
The origin is the hadith of an-Nasa'i and of Malik in the Muwatta:
He (peace be upon him) wrote to Amr ibn Hazm a letter for the people of Yemen carrying inheritance, rules and diyas, and said in it: one hundred camels for a life; one hundred for the nose cut at the root; one third of the diya for the ma'muma; the like for the ja'ifa; fifty for the eye; fifty for the hand; fifty for the foot; ten for each finger; five for the tooth; five for the moudiha.
reported by Malik in the Muwatta (1547) and by an-Nasa'i (4857)
Ibn Abd al-Barr said: no disagreement on Malik reporting this hadith without full chain by this route; it is also reported with a chain through a valid route: it is a famous letter among the people of campaigns, known to the scholars so that its fame dispenses with the chain, people having received it with acceptance and knowledge, bordering on mass transmission.
And the copy of the letter, reported by az-Zuhri from Abu Bakr ibn Muhammad ibn Amr ibn Hazm, from his father and his grandfather:
The Messenger of Allah (peace be upon him) wrote the people of Yemen a letter carrying inheritance, rules and diyas, sent with Amr ibn Hazm and read before them; here is its copy: from Muhammad the Prophet (peace be upon him) to Shurahbil ibn Abd Kulal, Nu'aym ibn Abd Kulal and al-Harith ibn Abd Kulal, called Dhu Ru'ayn, and to Ma'afir and Hamdan: whoever kills a believer deliberately on proof is liable to talion, unless the heirs of the victim consent; the diya of a life is one hundred camels; the nose cut at the root carries the diya; the tongue the diya; the lips the diya; the testicles the diya; the penis the diya; the base of the spine the diya; the eyes the diya; one foot half the diya; the ma'muma one third of the diya; the ja'ifa one third; the mounaqila fifteen camels; each finger of the hand and foot ten camels; the tooth five; the moudiha five; a man is killed for a woman; one hundred dinars for the people of gold.
reported by an-Nasa'i (4853) and by al-Hakim in the Mustadrak (1447), a weak hadith
What the body carries four of: the diya, a quarter each: the eyelids of the eyes and their lashes; this is the majority view, Hanafi, Shafi'i and Hanbali; the Malikis see there a hukuma, and the detail comes below.
What the body carries ten of: the diya, a tenth each: the fingers of the hands and the toes.
Ibn Qudama said: what it carries three of: the diya, a third each: the two nostrils and the septum between them; the diya is in the nostrils and the hukuma in the septum; nothing in the body of one single kind exceeds the whole diya except the teeth: five camels each, which exceeds the diya; it is reported that nothing is there but the diya, by analogy with the rest of the body; the first opinion is correct: the hadith of the Prophet (peace be upon him) sets five per tooth, and one must act on it even against analogy.
The diya of the eyes: the people of science agree that both eyes harmed carry the diya, and that one eye carries half; the Prophet (peace be upon him) said:
And for the two eyes, the diya.
reported by an-Nasa'i (4853) and by Ibn Hibban in his Sahih (6559)
Ibn Qudama said: consensus in accidental harm: the eyes are only two in the body, so the whole diya for the pair and half for one, like the other such members. It is reported from Malik in the Muwatta: and for one eye, fifty camels.
Once this is established, no difference between young and old eyes, beautiful and plain, sound and sick, light brown and cross-eyed; a white that does not reduce sight does not reduce the diya; loss of sight reduces it by its measure.
Loss of sight carries the diya: every double organ whose diya is due carries it when its function is destroyed, like paralyzed hands; loss of sight in one eye: half, like one paralyzed hand; destroying both eyes without their function exceeds no single diya, like the hands.
Ibn Hubayra said: consensus on the whole diya in the two eyes; disagreement on the standing eye that does not see, the paralyzed hand, the tongue of the mute, the impotent penis and the black tooth: Malik, Abu Hanifa and ash-Shafi'i in one of his two views see there a hukuma; another view of ash-Shafi'i gives the whole diya in the penis of the castrate and the incontinent, mentioned by ash-Shashi; three transmissions are reported from Ahmad: the most apparent: a third of the diya; another: a hukuma; a third: the diya.
Abu Umar Ibn Abd al-Barr said: the scholars agree that an eye destroyed by accident is worth half the diya: fifty camels, or the equivalent in gold and silver.
Ibn al-Mundhir said: the hadith came from the Prophet (peace be upon him):
And for the two eyes, the diya.
reported by an-Nasa'i (4853) and by Ibn Hibban in his Sahih (6559)
The people of science agree that both eyes harmed by accident carry the diya, and one eye half.
Disagreement on the eye of the one-eyed man. One group says: it carries the whole diya, reported from Umar and Uthman, followed by Abdul-Malik ibn Marwan, az-Zuhri, Qatada, Malik, al-Layth ibn Sa'd, Ahmad and Ishaq. A second opinion: the eye of the one-eyed man carries half the diya, reported from Masruq, Abdullah ibn Ma'qil and an-Nakha'i, followed by Sufyan ath-Thawri, ash-Shafi'i and an-Nu'man; this is the view held here, for the hadith says the two eyes are worth the diya: one eye alone is half.
The eyelids of the eyes are four, around the eyes, above and below: they guard them from harm, bring them sleep, and complete by them the beauty of the face and the eye.
They carry no talion, since their like cannot be taken.
The jurists differ on the eyelids uprooted: is the diya due? The majority, Hanafis, Shafi'is and Hanbalis, say: a quarter of the diya per eyelid; they belong to the complete formation, with a function and a beauty; cutting them hurts and raises the fear of sepsis reaching a life; the diya is completed there as for the other members; the limb that follows can equal the one followed in the diya when it holds a function and a beauty of its own, like the nose for smell and the ears for hearing; once the diya is established, no difference between eyelids taken from a child, an old man or a blind man: the blind man holds function and beauty there, the function of sight being wider.
Al-Mawardi said: talion, when possible there without the harm spilling to the eyes, is required; otherwise it falls; one eyelid taken away is worth a quarter of the diya: every numbered organ carries the diya split over its number, like the hands over the fingers, and the diya of the finger split over the phalanges; upper or lower eyelid equal; two eyelids: half; three: three quarters; one who attacks the eyes cutting the eyelids and destroying the sight owes two diyas, one for the eyelids, one for the eyes, like one who cuts the two ears and destroys the hearing.
Ash-Shafi'i said: one who cuts the eyelids of the eyes to the point of uprooting them owes the whole diya, a quarter per eyelid: they are four in man, part of his complete formation and painful at cutting; the two eyes with the eyelids cut are worth two diyas, for the eyes are not the eyelids; lashes torn out without regrowth are worth a hukuma; the hair of the lips has no known arsh, hair falling by itself without pain, growing, lessening and thickening, without the blood and the life that make the victim suffer; whatever harm reaches the eyelids is worth its share of the diya.
The Malikis say: a hukuma in the eyelids and in each one: the amounts of diyas rest on a text, and there is no text; the eyelid follows the eyes, and the status of the follower is lighter than that of the followed, so the diya of the eyes is not due to it. There came in the Mudawwana: in the eyelids, only ijtihad; the lashes of the eyes likewise on the view of Malik: only ijtihad; the eyebrows: Malik said: only the hukuma if they do not grow back.
Ibn Hubayra said: they agree on the whole diya in the four eyelids, a quarter each, except Malik: a hukuma.
Ibn Qudama said: the four eyelids carry the diya, a quarter each: they carry the function of the kind, and every numbered organ carries the whole diya and the share of one by its share, like the hands and the fingers; al-Hasan, ash-Sha'bi, Qatada, Abu Hashim, ath-Thawri, ash-Shafi'i and the holders of opinion said so.
From Malik: the eyelid of the eye and its conjunctiva fall to ijtihad, for no amount of them is known from the Prophet (peace be upon him), and estimation does not stand by analogy. Our argument: they are members of visible beauty and complete utility: they cover the eye, guard it and shield it from heat and cold, like a lid one closes and opens at will; without them the look would be ugly: the diya is therefore due as for the hands, and estimation is not lacking; a quarter per eyelid; ash-Sha'bi is reported to have said: two thirds of the diya of the eye for the upper one, a third for the lower, the lower being more useful; refutation: every numbered organ carries the diya by share in the unit, like the hands and the fingers, and the saying collapses on the right with the left and on the fingers.
The eyes destroyed with their eyelids carry two diyas: two kinds each carrying the diya, like the hands and the feet; the diya is due in the eyelids of the blind man's eye: loss of sight is a defect outside the eyelids, as loss of smell does not block the diya of the nose.
The lashes, the hair covering the eyelids, carry the diya, a quarter each on the view of Abu Hanifa; ash-Shafi'i sees there a hukuma; if the eyelids are cut with their lashes, no more than one diya is due, the hair vanishing with the eyelids.
The people of science agree that hearing destroyed in both ears carries the diya, and one ear half; hearing alone destroyed carries the diya too.
Disagreement when the ears are cut without destruction of hearing. Most of the scholars, Hanafis, Shafi'is, Hanbalis, and Malik in one transmission, say: they carry the diya even with hearing kept, by the letter of Amr ibn Hazm in which the Prophet (peace be upon him) said: and for the two ears, the diya; every double organ of the body carries the diya like the hands; they hold function and beauty, and the diya is completed there as for the hands and the feet. If it is objected that the function is missing, the answer is: Allah created nothing in vain, He gave no form without wisdom and function; the use of the ear is to gather the sound until it reaches the hearing: it is the greatest of functions.
One ear alone carries half the diya, without disagreement among those who hold the diya; the cut part carries its share of the diya, a quarter for a quarter, and so on, from the top or the bottom of the ear, differing beauty or none changing nothing, as teeth and fingers differ in beauty and function while their diyas are equal.
The Malikis, on the famous position of the school, see there a hukuma by ijtihad: the law came with no amount for them, and estimation does not stand by analogy.
Ibn al-Mundhir said: most of the scholars see the diya in the ears; Malik ibn Anas alone said: hearing carries the diya; the ears cut with hearing kept have no known arsh, only ijtihad. And the general consensus of the scholars covers the diya in hearing. Ibn Qudama said: hearing destroyed in both ears carries the diya, without disagreement. If hearing returns: the diya falls if the return precedes its taking, and it is restored if it follows, as for sight.
The people of science agree that the nose cut with its hanging flesh carries the whole diya; the Prophet (peace be upon him) said:
And for the nose, when it is cut at the root, the diya.
reported by an-Nasa'i (4853) and by Ibn Hibban in his Sahih (6559)
Cutting it at the root means taking it whole; it is a member carrying beauty and function, unique in the body, its diya completed like that of the tongue.
Ibn al-Mundhir said: they agree on the diya when the nose is cut at the root. Ibn Hubayra said the like. Ibn Qudama said: talion or the diya falls on the hanging flesh of the nose, what hangs below its bone septum: it is a limit that ends there, like the hand whose talion falls on what reaches the elbow.
Ibn Qudama also said: the diya falls on the hanging flesh, as al-Khalil and others said, for it is reported from Tawus that the letter of the Messenger of Allah (peace be upon him) said: and for the nose, when its hanging flesh is cut at the root, the diya; the report applies there since the cutting takes place there; a cut part is worth its share of the diya, measured as for the ears; reported from Umar ibn Abd al-Aziz, ash-Sha'bi and ash-Shafi'i. One nostril cut is worth a third of the diya, both nostrils two thirds, and the septum a third; Ahmad said: the fleshy partition is worth a third, and each nostril opening a third; Ishaq followed him; this is one of the two views of the companions of ash-Shafi'i: the hanging flesh holds three things of one kind, the diya is therefore split over their number, like the hands, the fingers and the four eyelids.
Abu al-Khattab reported another view: the two nostrils carry the diya and the septum a hukuma, by the word of Ahmad: every pair of man carries the diya; this is the second view of the companions of ash-Shafi'i: the nostrils have no third in the body, they resemble the hands; cutting them takes all the beauty and the function, like cutting both hands; on this view, one nostril is worth half the diya, and the septum cut with it a hukuma; half the septum, more or less, exceeds no hukuma. On the first view, one nostril with half the septum is worth half the diya, the whole septum with one nostril two thirds, and a part of the septum or of one nostril its share of the third, measured; the septum split between the nostrils carries a hukuma, greater if the gaping remains.
The hanging flesh cut with the bony septum carries the whole diya on the school of Malik; it may carry the diya of the flesh and a hukuma of the septum on the view of ash-Shafi'i: the flesh alone calls for the diya, so the hukuma is due for the surplus, like the septum cut alone with the tongue severed. Our argument: the word of the Prophet (peace be upon him), and for the nose cut at the root the diya: it is a unique member, no more than one diya is due, like the penis cut from its base; the analogy with the tongue and its septum falls: they are two members, the diya of one does not enter the other; the unique member, on the other hand, may carry on its whole what is due on its part: the glans of the penis carries the diya due on the whole, the fingers carry what is due on the hand to the elbow, the toes likewise, and the nipple carries what is due on the whole breast.
The nose cut with the flesh beneath it: the flesh carries a hukuma, it is not of the nose, like the penis cut with the flesh that follows it. If the nose is struck to paralysis: a hukuma; if another cuts it after: its diya, as for the ear; if the blow bends it or changes its color: a hukuma on the view of all, then its cutting by another carries the whole diya; if it is cut whole, hanging by a strip of skin that does not heal and amputation becomes necessary: the diya is due, for it was cut in whole, part directly and the rest through causation, as if the cutting of a part had spread its sepsis to the whole. If it is reattached and heals: a hukuma, for it was not detached; if it was detached, reattached then healed: Abu Bakr said: only a hukuma as before; the qadi said: the diya is due.
The jurists differ on the beard, the hair of the head, the eyebrows and the lashes destroyed without regrowth: is the diya due, or a hukuma of equity?
The Hanafis and the Hanbalis say: the diya is due for the hair of the head, the beard or the eyebrows without regrowth, whether shaved or plucked: beauty is destroyed upon the whole, so the whole diya is due, like the ear of the deaf man and the nose unable to smell; the eyebrow pushes sweat away from the eye, the lash shields it, at the role of the eyelids; one eyebrow alone is worth half the diya: every double whose diya is due gives half for one, like the hands; a share of these hairs or their partial loss is worth its share of diya, measured. The diya is due for none of these hairs unless their loss leaves no hope of return, like boiling water poured on the head destroying the root; if return is hoped at a term, one waits; if the hair returns before the diya is taken, it falls; if it returns after, it is restored: the ruling follows that of hearing and sight.
No talion falls on these hairs: their destruction happens only by wounding their seat, whose measure is unknown, so equality is impossible.
The Malikis, the Shafi'is and Ibn al-Mundhir say: no diya for the hair of the head, the beard or the eyebrows: a hukuma of equity if the hair does not grow back; if it returns to its form, nothing is owed; the intentional harm calls for correction, the accidental none: it is the destruction of a beauty without function, like the paralyzed hand and the eye that does not see; no analogy has room there, the way is textual suspension: without a text fixing a diya, the base rule is the hukuma; the eyebrows are not members holding a necessary function in the formation.
The majority of jurists, Hanafis, Malikis, Shafi'is on the sound view, and Hanbalis, say: the harm destroying the sense of smell carries the whole diya. Ibn Qudama said: no known disagreement; it is reported in form attributed to the Prophet (peace be upon him):
And for the nostrils, the diya.
reported from the Prophet, not found among the hadiths of the diya
and because it is a sense bearing a sought function: its destruction carries the diya like hearing and sight.
Smell destroyed in one nostril carries half the diya, like the sight of one eye and the hearing of one ear. A lessening of smell carries the arsh of the lack when its measure can be known; otherwise the hukuma, as for lack of hearing. If smell returns after the diya is taken, it is restored: it turned out not destroyed but blocked, for had it been destroyed it would not have returned.
Smell belongs to hidden things known only through their bearer: if the victim claims the loss of her smell and the offender denies it claiming its keeping, the word of the victim prevails, for the loss is known only through her; she is tested as far as possible: pleasant and foul scents are brought to her, one after another, in her moments of inattention; if she takes no comfort in the pleasant scents and shows no disgust at the foul ones, her truth is established: her word prevails with an oath, feigning being possible; if she takes comfort in the pleasant ones and loathes the foul ones, the appearance passes to the side of the offender: he swears to the keeping of the smell and nothing falls on him. If the victim swore to the loss of her smell then covers her nose at a foul scent, and the offender says she covers it for the keeping of her smell, while she answers: I cover it out of need or habit, the word of the victim prevails over that of the offender and the diya is pronounced for her.
The Shafi'is, on the opposing view, see there a hukuma, the proof being weak.
The jurists agree on the equality of the teeth and on the diya due: five camels per tooth; Ibn Abbas reported that the Messenger of Allah (peace be upon him) said:
The teeth are equal: the incisor and the molar are equal.
reported by Ibn Majah (2650), a sound hadith
And Ibn Abbas reported from the Prophet (peace be upon him):
He ruled five camels for the tooth.
reported by Ibn Majah (2651), a sound hadith
Ibn Battal said: the majority of the jurists agree on five camels per tooth in accidental harm. Ibn Abd al-Barr said: the report of Sa'id ibn al-Musayyab from Umar, that he ruled one she-camel per molar, bears on another object: the molar is not the tooth; but the word teeth is, among the scholars, the generic name of the thirty-two teeth: twenty molars, four canines, four incisors and four premolars; the Prophet (peace be upon him) established five camels per tooth, and the jurists of the cities agree on all of it.
Ibn Rushd said: the majority of the jurists of the cities: five camels per tooth of the mouth, as Ibn Abbas; Malik reported from Umar that he ruled one she-camel per molar, for those at the back of the mouth; the front ones carry five camels, without disagreement.
Ibn Qudama said: no disagreement among the scholars: five, five per tooth; reported from Umar ibn al-Khattab, Ibn Abbas, Muawiya, Sa'id ibn al-Musayyab, Urwa, Ata, Tawus, az-Zuhri, Qatada, Malik, ath-Thawri, ash-Shafi'i, Ishaq, Abu Hanifa and Muhammad ibn al-Hasan; in the letter of Amr ibn Hazm, the Prophet (peace be upon him) said: five camels for the tooth, reported by an-Nasa'i; and Amr ibn Shu'ayb, from his father and his grandfather, reported from the Prophet (peace be upon him): five, five for the teeth, reported by Abu Dawud.
The molars and the canines follow the teeth on the view of most scholars. Umar ruled one she-camel per molar, and Sa'id ibn al-Musayyab said: had it been mine, I would have ruled two per molar; Ahmad, in one transmission, holds the diya in all the teeth: this transmission then loads the view of Sa'id, the consensus fixing five camels per tooth with the hadith: the twelve front teeth carry five each, and the twenty molars two each: sixty camels for the one and forty for the other, the diya completed there. The proof of this view: a numbered organ, its diya does not exceed that of man, like the fingers and the eyelids; the molars hold utility only, the front teeth utility and beauty: hence the disagreement on the arsh.
Our argument: Abu Dawud reported by his chain from Ibn Abbas that the Prophet (peace be upon him) said: the fingers are equal, the teeth are equal, the incisor and the molar are equal, this one and that one are equal: an explicit text; and the word in the earlier hadiths, five, five for the teeth, without distinction, draws the molars into its generality: they are teeth; every diya fixed on a set is split over the number, not over the functions, like the fingers, the eyelids and the lips; Ibn Abbas hinted at this saying: do not rate them like the fingers. Whoever follows our view leaves the meaning they described, and whoever follows theirs leaves the equality established by analogy with the other organs of one kind: our view, in accord with the reports and with most of the scholars, is sounder.
The people of science agree that the fracture of the base of the spine carries the diya when it destroys walking; the Prophet (peace be upon him) said in the hadith of Amr ibn Hazm:
And for the base of the spine, the diya.
reported by an-Nasa'i (4853) and by Ibn Hibban in his Sahih (6559)
Ibn al-Mundhir said: they agree on the diya; Ibn az-Zubayr alone is reported: he ruled two thirds of the diya. Ibn Hazm said: they agree on the whole diya when the base of the spine is fractured so that it contracts, destroying the walking of a free Muslim man by accident.
Disagreement when walking remains but needs a staff. The Shafi'is and one qadi among the Hanbalis say: wait for healing; if the bone is set and returns to its state, a hukuma for the fracture is due; if it hunches, a hukuma for the disfigurement; if walking weakens or needs a cane, a hukuma for the lack of walking; if walking becomes impossible, the diya is due. The Hanbalis in the school say: the diya is due when it is fractured without being set.
Ibn Qudama said: the base of the spine carries the diya when fractured without repair, by the letter of the Prophet (peace be upon him) to Amr ibn Hazm, and the word of Sa'id ibn al-Musayyab: the established sunna is that the base of the spine carries the diya; that word goes back to the sunna of the Prophet (peace be upon him); Zayd ibn Thabit, Ata, al-Hasan, az-Zuhri and Malik said it. The qadi and the companions of ash-Shafi'i said: the fracture of the base of the spine carries no diya, unless walking or intercourse is destroyed: the diya is then due for that function; our argument: the report, and that it is a unique member holding beauty and function: the diya is due there alone, like the nose.
Walking destroyed by the fracture carries the diya on every view, and no more than one diya: that function follows the fracture most of the time, like both legs cut; intercourse destroyed as well carries the diya, reported from Ali (may Allah be pleased with him): a sought function, like loss of walking; both functions destroyed carry two diyas on the apparent word of Ahmad (may Allah be pleased with him) in the transmission of his son Abdullah: two functions each carrying the diya alone, like hearing and sight together; Ahmad said elsewhere: one single diya, for they are the functions of one unique member, like the tongue cut taking away speech and taste; if the bone is set and one function returns without the other, a single diya is due, unless the other is lessened: a hukuma for its lack. If the victim claims the loss of intercourse and two men of experience say such harm destroys it, her word prevails with an oath, that knowledge coming only from her. If the base of the spine is fractured and the penis paralyzed, the word of Ahmad calls for two diyas, one for the fracture, one for the penis; on the view of the qadi and the school of ash-Shafi'i: the diya of the penis and a hukuma for the fracture; both legs paralyzed carry two diyas too; seed destroyed without intercourse probably carries the diya, reported from Mujahid; some companions of ash-Shafi'i say the school calls for it: a sought function destroyed, like intercourse, the testicles cut or crushed; the diya may not be whole, the function not destroyed in full.
The Hanafis say: the base of the spine carries the whole diya when intercourse is blocked, by the loss of the function of offspring; the hunch likewise: whole beauty is lost there, the beauty of man resting on his upright stance; it is said of the verse: We created man in the finest posture: the upright stance, lost by the hunch; beauty is sought like function: its whole loss carries the whole diya; if the bone returns to its state with no lack but the trace of the blow, a hukuma of equity is due.
The Malikis say: the base of the spine carries the diya, likewise if he can no longer stand, like the paralyzed hand; if he walks and heals on a limp or a hunch: ijtihad; if the bone is set then harmed by accident: nothing. There came in the Mudawwana: Malik said: the base of the spine carries the diya; Ibn al-Qasim said: the diya is there only if he can no longer stand, like the paralyzed hand; if he walks with a defect, ijtihad; if it heals then is fractured by accident: nothing.
One lip alone carries half the diya on the view of the Hanafis, the Malikis, the Shafi'is and the Hanbalis in the school; no precedence of the upper over the lower: each holds a function the other lacks, so they are equal, and the difference of function between organs of the same kind creates no difference in their diyas, like the fingers and the teeth; half a lip cut carries a quarter of the diya, more or less by the cut share.
Ahmad, in one transmission, holds two thirds of the diya in the lower lip and a third in the upper: the lower lip is more useful by its movement, its turning, holding back drink and food, and the labial letters of speech.
The people of science agree that the penis carries the diya; the Prophet (peace be upon him) said:
And for the two testicles, the diya, and for the penis, the diya.
reported by an-Nasa'i (4853) and by Ibn Hibban in his Sahih (6559)
Ibn al-Mundhir said: they agree on the diya; Qatada alone said: the penis of one who does not approach women is a third of the one who does. Ibn Hubayra said: they agree on the diya in the whole penis.
Ibn Qudama said: consensus; in the letter of the Prophet (peace be upon him) to Amr ibn Hazm: and for the penis, the diya; it is a unique member holding beauty and function: the diya is completed there like the nose and the tongue; its paralysis carries its diya, its function being gone, like the paralyzed tongue; the diya is due in the penis of the child, the old man and the young, whether able to intercourse or not.
The penis of the incontinent: most of the scholars hold the diya obligatory there, by the generality of the hadith: hope of intercourse is not destroyed, the member is sound in itself, its diya completed like that of the old man. The qadi reports from Ahmad two transmissions: the diya is due, or it is not completed, the view of Qatada: its function is emission, fathering and intercourse, absent from the state of completeness: its diya is not completed, like the paralyzed one; hence the difference with the penis of the child and the old man.
The transmission differs on the penis of the castrate. One transmission: the whole diya is due, the view of Sa'id ibn Abd al-Aziz, ash-Shafi'i and Ibn al-Mundhir: the report establishes it, and the function of the penis, intercourse, remains there. Another: no diya, the view of Malik, ath-Thawri, the holders of opinion, Qatada and Ishaq: what is sought from it is offspring, which does not come from it: its diya is not completed, like the paralyzed one; intercourse mostly disappears in the castrate, like beasts deprived of intercourse by castration. The difference between the two: intercourse is further away in the penis of the castrate, and despair of emission is established there, unlike the penis of the incontinent.
On the view that the diya is not completed in the penis of the castrate: one who cuts the penis and the testicles at one stroke, or the penis then the testicles, owes two diyas; if he cuts the testicles then the penis, a single diya is due, that of the testicles, with a hukuma for the penis turned into a castrate's penis; the qadi said Ahmad stated this. Half the penis cut lengthwise carries half the diya on the view of our companions; better is that the whole diya is due: the function of intercourse is destroyed there, like a paralysis or a fracture of the base of the spine. A part cut below the glans, urine leaving as before, carries its share of the whole diya; if urine leaves at the place of cutting, more than the share of the diya is due, or a hukuma; a hole pierced below the glans letting urine out through it carries a hukuma. Abd al-Wahhab the Maliki said: a hukuma in the penis of the castrate; ash-Shafi'i said: the diya, its function lessened: no emission, intercourse incomplete, his wife holds the right to dissolve the marriage: the complete diya is not justified there.
Ibn al-Mundhir said: disagreement on the penis of the castrate. One group says: it carries what the penis of the able carries, the hadith saying: and for the penis, the diya, and the castrate like the able entering its apparent sense: nothing leaves a hadith without proof; the view of ash-Shafi'i and Sa'id ibn Abd al-Aziz. Another group says: a hukuma: Malik ibn Anas, Sufyan ath-Thawri and Ahmad ibn Hanbal said so, reported from an-Nakha'i, followed by the holders of opinion. Abu Bakr said: I hold the first view.
The people of science agree that the two testicles carry the diya; the Prophet (peace be upon him) said: and for the two testicles, the diya; each of the two carries half. They agree that both testicles harmed by accident, of a free Muslim man, with the penis remaining or not, carry the whole diya.
Ibn Abd al-Barr said: this word is reported from Umar, Ali, Zayd and Ibn Mas'ud: the jurists of the Companions, with no opponent among the followers or others: all say the two testicles carry the diya and each one half; on this rests the school of the mufti imams of the cities; Sa'id ibn al-Musayyab alone is reported, in several forms, holding that the left testicle carries two thirds of the diya, offspring coming from it, and the right one a third. Ibn Hazm said: they agree on the diya of the base of the spine fractured so that it contracts, and on the whole diya of the testicles harmed by accident, the penis remaining or not. Ibn Qudama said: no known disagreement; in the letter of the Prophet (peace be upon him) to Amr ibn Hazm: and for the two testicles, the diya; they hold beauty and function, offspring coming by them: they carry the diya like the hands. Az-Zuhri reported from Sa'id ibn al-Musayyab: the established sunna is that the base of the spine carries the diya and the testicles the diya; one of the two carries half on the view of most scholars; Sa'id is reported to have held two thirds in the left and a third in the right, the use of the left being greater.
Our argument: every double whose diya is due gives half for one, like the hands and the other members; they hold a number, the diya is therefore split as over the fingers, and the opposing saying collapses on the fingers and the eyelids equal despite their different functions; it moreover needs a proof.
If the testicles are crushed or paralyzed, their whole diya is due, like paralyzed hands; if one alone is cut with destruction of offspring, no more than half the diya is due, that loss not being established; if both are cut and offspring destroyed, a single diya is due: that destruction is their function, like loss of sight with the eyes.
There came in the Mudawwana: Malik said, of one who cuts the penis of a man and his two testicles: two diyas are owed; if he cuts the testicles without the penis: the whole diya; if he cuts the penis after: the whole diya; if he cuts the penis then the testicles: the diya of the penis and the diya of the testicles after; one who has no penis and whose testicles are cut: the whole diya on the view of Malik; one who has no testicles and whose penis is cut: the whole diya; the right and the left testicle equal with Malik: half the diya each.
The people of science agree that the two breasts of the woman carry the diya, and that one of the two carries half. Ibn al-Mundhir said: everyone we know among the scholars agrees on half the diya for one breast and the diya for both; al-Hasan, ash-Sha'bi, az-Zuhri, Makhul, Qatada, Malik, ath-Thawri, ash-Shafi'i and the holders of opinion held it; they hold beauty and function, like the hands and the feet, and one of the two carries half.
Disagreement on the nipples. The Hanafis, the Shafi'is, the Hanbalis and the Malikis in one transmission hold the whole diya there, half each. The Malikis, on the famous position of the school, hold the diya when the outlet of the milk is ruined by cutting or by blood; if he cuts them without ruining or corrupting the milk: a hukuma.
Ibn Qudama said: cutting the two nipples carries their diya, Ahmad stated it, and the like is reported from ash-Sha'bi, an-Nakha'i and ash-Shafi'i; Malik and ath-Thawri said: if the milk is gone, their diyas are due, otherwise a hukuma by the disfigurement; Qatada said the like: if nursing is gone by their cutting, the diya is due. Our argument: the function leaves with them, like the fingers with the palm and the glans of the penis: by them the child nurses.
The two breasts cut whole carry only one diya, like the penis cut whole; if a ja'ifa joins it, a third of the diya is due with their diyas; two ja'ifas carry one diya and two thirds; if he strikes them to paralysis, the diya is due as for paralyzed hands.
If the harm destroys their milk without paralyzing them, our companions see a hukuma there, like the companions of ash-Shafi'i; the diya may be due there: their function is gone, like a paralysis: this is the apparent view of Malik, ath-Thawri and Qatada. If the harm touches the breasts of a young girl who later gives birth without milk, the people of experience are consulted: if they say the harm cut the milk, she is owed what is owed to one who destroys the milk after its existence; if they say the milk is cut without the harm, nothing is owed: the base rule is innocence of debt, nothing is owed on doubt; a lessening of the milk, or firm breasts cracked or sickened by the harm, carries a hukuma for what it lessened.
The jurists differ on the two nipples of the man: Hanafis, Malikis and Shafi'is in the school hold a hukuma of equity there: beauty is destroyed without function, like the eye that does not see and the paralyzed hand.
The Hanbalis and the Shafi'is in one transmission hold the diya there: everything carrying the diya in the woman carries it in the man, like the hands and the other members; they are members of the body holding a beauty without counterpart; they carry the diya like the hands, like the four hairs on the view of Abu Hanifa, like the ear of the deaf man and the nose unable to smell on every view; the eye that does not see escapes them: its beauty is not whole and its function is already gone, its diya is not completed, like paralyzed hands.
In practice, the retained frame is the scale of the Prophet (peace be upon him): one hundred camels for a life and for the nose cut at the root, fifty for the eye, the hand and the foot, ten per finger, five per tooth and for the moudiha, fifteen for the mounaqila, a third for the ja'ifa and the ma'muma; the unique member carries the whole diya, the twin half, the part of an organ its proportional share; the hukuma of equity stands in place of the diya where the Malikis find no fixed text: eyelids, ears cut with hearing kept, hair without regrowth, smell on the opposing view of the Shafi'is, and nipples without loss of milk.