What constitutes a *ja'ifah*?

Chapter on Diyat (Blood Money) for Wounds

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 3 · Bab 2

Open in Qurani

Primary text

A *ja'ifah* is a wound that reaches the interior cavity (*al-jawf*) through the abdomen, back, chest, the opening of the throat (*thaghrat nahar*), the hip, or any other such location. Malik, Abu Hanifa, Shafi'i, al-Buti, and their followers agreed that the *ja'ifah* only occurs when the cavity is reached. Ibn al-Qasim specified that a *ja'ifah* is any penetration reaching the cavity, even if only by the width of a needle's insertion.

Supporting text

If a wound penetrates the corner of the mouth (*shidq*) reaching the inside of the mouth, it is not a *ja'ifah*, as the inside of the mouth is treated as the exterior surface. Similarly, if a stab to the cheekbone (*wajnah*) breaks the bone and reaches the mouth, it is not a *ja'ifah*. However, in one of his opinions, Al-Shafi'i considered this a *ja'ifah* because a cavity was reached, which conflicts with the ruling regarding the corner of the mouth.