Is blood money (Diyah) obligatory if speech or taste is lost temporarily due to injury and then returns?

Chapter on Diyat (Blood Money) for Wounds

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 1 · Bab 2

Open in Qurani

Primary text

If an injury causes the loss of speech or taste, and these faculties later return, blood money (Diyah) is not obligatory. This is because it has been established that the loss was not permanent. If Diyah was already taken, it must be returned. This ruling applies because the faculty returned, necessitating the return of any previously taken compensation, similar to teeth or other regenerating body parts.

Supporting text

The apparent position in the Shafi'i school holds that the Diyah should not be returned because the return of the faculty is not customary, suggesting the return constitutes a new gift.