Is blood money obligatory if the tongue is cut off but later regrows?

Chapter on Diyat (Blood Money) for Wounds

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 2 · Bab 2

Open in Qurani

Primary text

If a person's tongue is cut off, and subsequently the tongue returns, blood money (Diyah) is not obligatory. If Diyah had been taken, it must be returned. This is based on the principle that what necessitated the Diyah has returned, requiring repayment of the compensation.

Supporting text

Abu Bakr stated this ruling. The apparent view in the Shafi'i madhhab suggests the Diyah should not be returned because the tongue's return is unusual, implying the return is a renewed gift.