Section
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A muḍḥiḥah—a head or face wound that exposes the bone—incurs a liability of five camels when inflicted upon a free Muslim.
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A hāshimah (a fracture that also exposes the bone) requires ten camels. If the fracture does not lay the bone bare, the amount is five camels, although another view leaves it to the judge’s discretionary assessment (ḥukūmah).
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A munqilah—where the broken bone is displaced—obliges fifteen camels.
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A maʾmūmah, which penetrates to the membrane of the brain, carries one-third of the full diyah. If four different assailants successively inflicted a muḍḥiḥah, a hāshimah, a munqilah, and a maʾmūmah, each of the first three must pay five camels, while the fourth must pay the balance needed to complete the one-third.
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The lesser head wounds that precede a muḍḥiḥah: when their exact proportion to a muḍḥiḥah is known, that fraction of its indemnity is due; otherwise they are appraised by ḥukūmah, like any other bodily wound.
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A jāʾifah—a wound that penetrates a bodily cavity such as the abdomen, chest, throat, forehead, or flank—also carries one-third of the diyah.
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The indemnity for a muḍḥiḥah does not vary with its size. If bone is exposed in two places separated by flesh and skin—or, according to another view, by skin alone—they count as two muḍḥiḥahs. The same ruling applies when the wound is divided between intentional and accidental blows or spans both the head and the face: the preferred opinion counts them as two muḍḥiḥahs, though another view counts only one. If the offender himself later enlarges his original muḍḥiḥah, it is still reckoned as one; but if someone else enlarges it, the total becomes two. The rules of multiplicity for a jāʾifah are identical: thus, should a wound enter through the abdomen and exit from the back, it is deemed two jāʾifahs on the sound view; likewise, if something pierces the cavity so that both its points reach inside, the liability is for two wounds.
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Healing does not cancel the indemnity for either a muḍḥiḥah or a jāʾifah.
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According to the preferred opinion, the loss of both ears entails a full diyah, with partial loss compensated proportionally. Rendering both ears useless likewise requires the full diyah, though another view treats it as ḥukūmah. If ears that were already useless are then severed, the sound view assigns ḥukūmah, while another opinion awards the full diyah.
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The loss of an eye carries half a diyah, even if the eye was cross-eyed, bleary, or the person already had only one functioning eye. The same applies when the eye is clouded but without diminished sight. If vision is actually reduced, compensation is proportional; if the reduction cannot be precisely measured, the matter is left to ḥukūmah.
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Each eyelid is valued at a quarter of the diyah, even for a blind person.
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The mārin—the soft tip of the nose—carries the full diyah, and each of its two extremities … (continued on the next page).