Some scholars maintain that for the dāmighah, one-third of the blood-money plus assessed compensation is due, because it is more serious than the maʾmūmah; and if it is more serious, its compensation ought to be greater.

Those of the madhhab say that this is analogous to cutting off the hand, or the hand together with the elbow: if the hand is cut off, half the blood-money is due; and if it is cut off together with the elbow, half the blood-money is likewise due. Thus, once the injury reaches the membrane of the brain—the gravest of head wounds—it makes no difference whether it pierces the brain or not. Those who hold that assessed compensation is due distinguish between the two. As for the analogy with the hand, it is open to question, for the hand is a single limb: it remains a hand whether it is severed at the shoulder, the elbow, or the upper arm. The dāmighah, however, is more dangerous than the maʾmūmah, which reaches the membrane of the brain but does not pierce it. Thus, two different injuries cannot be treated alike. This view is very strong: if the brain is pierced, compensation for a maʾmūmah plus assessed compensation is due.

They also say: We have textual evidence that differentiates between these head wounds. The hāshimah is not like the munqilah, even though they occur in the same location; and the hāshimah is not like the muḍīḥah—there is a difference between them. Since the Sacred Law differentiates between them despite the location being the same, it is known that a distinction must be made. Therefore, the preponderant view in this matter is that a dāmighah entails one-third of the blood-money along with assessed compensation.

Yet there remains the public right arising from the transgression. This belongs to the ruler, who may, if he wishes, impose a discretionary punishment upon him for his transgression.

“And it is that which reaches the interior of the body cavity. For a rib and for each of the two collarbones, one camel is due. For a fracture of the forearm—namely, the lower arm comprising the two bones of the forearm—the upper arm, the thigh, or the lower leg, if it heals straight, two camels are due, ………

His statement, ‘For the jāʾifah, one-third of the blood-money is due; it is that which reaches the interior of the body cavity’: Everything within a hollow part of the body that cannot be seen is considered a body cavity, such as the abdomen,