Is the *diyah* required for the tongue of a speaking person?

Chapter on Diyat (Blood Money) for Wounds

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 5 · Bab 2

Open in Qurani

Primary text

The full *diyah* is obligatory for the tongue of a speaking person, an opinion reported from Abu Bakr, 'Umar, 'Ali, and Ibn Mas'ud, may Allah be pleased with them, and held by the people of Medina, Kufa, the *Ahl al-Ra'y*, the *Ahl al-Hadith*, and others. This is further supported by the Prophet's decree to 'Amr ibn Hazm stating, 'And for the tongue is the *diyah*.' The tongue possesses both beauty, as attested by the Prophet's saying regarding beauty being in the tongue, and immense utility, enabling the realization of needs, the defense against harm, the completion of worship, taste, and oral hygiene, making it the most functionally and aesthetically important of organs.

Supporting text

The full *diyah* is only required for the tongue of a person capable of speech. If the person is mute (*akhras*), a complete *diyah* is not required, without dispute, due to the loss of its intended primary function, analogous to a paralyzed hand or a sighted but useless eye.