What is the liability when the lost portion of speech exceeds the severed portion of the tongue, or vice versa?

Chapter on Diyat (Blood Money) for Wounds

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 2 · Bab 2

Open in Qurani

Primary text

If the loss of speech is greater than the physical loss of the tongue, or if the loss of the tongue is greater than the loss of speech, the liability rests upon the greater loss. In either case where one element exceeds the other, the Diyah due is calculated based on the greater loss sustained. For instance, if one-quarter of the tongue is cut and half the speech is lost, half the Diyah is due because half the speech, which is fully compensated by Diyah, has been destroyed. Similarly, if half the tongue is cut and only one-quarter of the speech is lost, half the Diyah is due.