What is the fixed compensation for a Hashimah (a scalp wound that fractures the bone beyond the Muwaddihah), which is named for breaking the bone (Hashm)?
Chapter on Diyat (Blood Money) for Wounds
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
The compensation for a Hashimah has not been specified in the tradition from the Prophet (peace be upon him). The authoritative opinion among scholars is that its Arsh is fixed at ten camels. This was narrated by Qabisa ibn Dhu'ayb from Zayd ibn Thabit, and it is the view held by al-Shafi'i and others. Al-Thawri and the People of Opinion estimated it as one-tenth of the blood money in silver currency, amounting to one thousand dirhams.
Supporting text
Al-Hasan did not assign a specific amount to it, holding that it should be subject to customary assessment (hukuma). Malik stated that he does not recognize the Hashimah as a fixed category, stating that the Muwaddihah is five (camels) and the breaking (Hashm) requires customary assessment. The view favoring the fixed amount is supported by the narration from Zayd, which is considered a ruling by established precedent (Tawqif), and because no dissenting opinion from that era has been transmitted, suggesting scholarly consensus. Furthermore, it is a designated scalp injury distinct from the Muwaddihah, thus deserving a fixed compensation like the Ma'muumah.