months they share constitute one-third of the year. It is as though, within the year—which, according to the reckoning we have explained, is the maximum term—they share three stages of formation. Differentiation then occurs after these three stages, with the male distinguished by his male characteristics and the female by her female characteristics. Likewise, they are treated alike in relation to the ‘āqila (the kin group liable for blood money) at one-third. Beyond one-third, each reverts to his or her own scale, just as each assumed his or her own form after one-third of the year. This should suffice as a clear explanation and sound proof, Allah willing.

For accidental wounds for which a report from the Prophet, peace and blessings be upon him, prescribes a fixed amount of compensation, judgment is given according to that amount. Where no amount has been prescribed by the Prophet, peace and blessings be upon him, nothing is due unless the wound heals with a residual deformity, in which case compensation is assessed through independent legal judgment.

Section

The method of assessment is to value the injured person without the deformity and then with it, supposing that he were a slave in both conditions. The difference between the two valuations is expressed as a fraction of his unimpaired value, and he is awarded that same fraction of his full blood money.

Section

Intentional injury falls into two categories: injury for which retaliation is not prescribed, and injury for which retaliation is prescribed.

For intentional injury subject to retaliation, no monetary compensation is due except what the two parties mutually agree upon, according to the well-known position of the school, established from the statements of Mālik and his companions. Ibn ‘Abd al-Hakam, one of Mālik’s companions, holds that the wounded person may choose either retaliation or monetary compensation. This is also one of Mālik’s two opinions concerning a one-eyed man who puts out the eye of a man with two sound eyes: the injured man may choose either to have the one-eyed man’s eye put out in retaliation for his own or to accept the blood money. The one-eyed offender has no choice in the matter.