What is the compensation due when an injury that normally necessitates an *Arsh* causes the loss of intellect?
Chapter on Diyat (Blood Money) for Wounds
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
When an assault that dictates a specified *Arsh*, such as a deep wound or the severing of a limb, results in the loss of intellect, both the full *Diyya* and the *Arsh* for the wound must be paid. This view is held by Malik and Al-Shafi'i in his later opinion (*al-jadid*). The evidence for non-overlap is that this injury destroyed a faculty without destroying life, meaning the two compensations (*Arsh* and *Diyya* of the intellect) do not merge, similar to when an injury causes deafness or blindness in a separate area. Furthermore, if one injures an ear or nose, and the hearing or smell is lost, the *Arsh* for the ear or nose is not subsumed into the *Arsh* for the lost sense, demonstrating that independent harms require independent compensation.
Supporting text
Abu Hanifa and Al-Shafi'i in his earlier opinion (*al-qadim*) maintain that the lesser compensation is absorbed by the greater. If the *Diyya* is greater than the *Arsh* of the wound, only the *Diyya* is due. If the *Arsh* of the wound is greater, such as when hands and feet are severed, leading to the loss of intellect, the *Arsh* for the limbs is due, and the *Diyya* for the intellect is subsumed within it, based on the premise that the loss of intellect inherently compromises the functions of the limbs, analogous to death.