What is the liability of a man who commits Zina consensually (Mutaawi'ah) with a woman, resulting in tearing of her hymen (fatq)?
Chapter on Diyat (Blood Money) for Wounds
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
If a woman willingly consents to Zina and the act results in the tearing of her hymen, the man incurs no liability for that tearing.
Supporting text
The view of Imam Al-Shafi'i holds that the man is liable for the tearing because while the intercourse itself might be considered permitted (in the context of the preceding discussion, implying permission for the act itself, though not the resulting injury), the tearing (fatq) is not permitted and resembles cutting off her hand, which is unauthorized damage. The primary position refutes this, stating that the damage resulted from an act to which she consented; therefore, it is not guaranteed, similar to the liability for her virginity dower and Mahr al-Mithl, or if she consented to having her hand cut and the resulting wound caused further harm to herself. The difference lies in the case where she permits intercourse but he cuts her hand, because cutting the hand is neither permitted nor a necessary consequence of the permitted act of intercourse.