What is the liability for injuring a one-eyed person (A'war) by removing both of his eyes?

Chapter on Diyat (Blood Money) for Wounds

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 1 · Bab 2

Open in Qurani

Primary text

If a one-eyed person has both of his eyes removed, whether intentionally or accidentally, the responsible party owes only the full diya (blood money) for one eye. This is supported by the statement of the Prophet (peace be upon him), "And for the two eyes, there is the diya." Furthermore, since two eyes were removed, the liability does not exceed the diya, similar to the case where the remover was unimpaired. Also, since only the benefit of the eye organ type was eliminated, the liability does not exceed the diya, analogous to severing an ear.

Supporting text

The opinion based on analogy suggests that two full diyas are obligatory: one for the eye that would have justified the removal of the one-eyed person's eye, and another for the second eye because it was the eye of a one-eyed person. However, this is deemed incorrect because the obligation of diya for the loss of one eye does not render the other eye the eye of a one-eyed person. Moreover, the obligation of diya for removing one eye is an exception adopted based on the consensus of the Companions, deviating from analogy and explicit textual evidence; thus, outside the scope of consensus, the texts and analogy must be followed.