When must the compensation (Arsh) for a wound be assessed?
Chapter on Diyat (Blood Money) for Wounds
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
The compensation for a wound must only be assessed after the wound has healed. This is because the stipulated compensation (Arsh) for a wound becomes firmly established only after its healing. If the injury does not cause any diminution after healing—such as the cutting of an extra finger or hand, or the plucking of a woman's beard, and this action does not diminish her, but rather enhances her beauty—then the injurer bears no liability. Liability for compensation is established to rectify a deficiency, and where there is no deficiency, there is no liability, similar to a slap that leaves no mark. If the injury enhances beauty, the injurer is considered a benefactor, not a guarantor, like in the case of removing an existing desirable growth or a boil.
Supporting text
It is held that the injurer remains liable even if the injury increases beauty. This view, held by Al-Qadi, is based on the reasoning that since the damaged part is inherently subject to compensation, it cannot be devoid of liability. Therefore, the assessment should be made at the closest state preceding complete healing, similar to the valuation of the fetus of an unlawfully pregnant woman being assessed at birth when in utero assessment is impossible.