How is compensation determined for an injury to a slave that exceeds the standard fixed amount for a freeman's similar injury (e.g., a head wound not reaching *mudihah* level)?
Chapter on Diyat (Blood Money) for Wounds
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
If an injury to a slave's head or face, short of reaching the level of *mudihah*, results in a loss exceeding the fixed amount of *arsh* (residual compensation) for a *mudihah* in a freeman, then the actual loss in value is owed. This is considered the stronger opinion because this type of wound lacks a fixed measure, requiring compensation based on the actual diminution, similar to wounds elsewhere on the body. The principle of compensating for the actual loss should prevail where the fixed measures do not apply.
Supporting text
An alternative view suggests that the compensation should be reduced to half of one-tenth of the slave's value, mirroring the rule for a freeman if the *arsh* for a wound less than *mudihah* exceeds half of the *diyah* for that wound. However, the first opinion is preferred as it adheres to the general rule of compensating for actual loss when fixed measures are not established.