What is the liability if one-quarter of the tongue is severed, resulting in the loss of half the speech, and a subsequent injury destroys the remainder of the tongue and speech?

Chapter on Diyat (Blood Money) for Wounds

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 3 · Bab 2

Open in Qurani

Primary text

If one-quarter of the tongue is severed, causing the loss of half the speech, the liability is half the Diyah. If a subsequent injury severs the remainder of the tongue, causing complete loss of speech, there are differing views. One opinion holds that only half the Diyah is due because the remaining intact part of the tongue is functionally impaired (ashal), as evidenced by the prior loss of half the speech. Another view mandates half the Diyah plus a discretionary assessment (hukuma) for the impaired remaining quarter, as a partially impaired member warrants compensation beyond mere severance. A third view mandates three-quarters of the Diyah, based on the total severed portion being three-quarters of the tongue, with the corresponding loss of speech.

Supporting text

The view that a part of the member is functionally impaired (ashal) is rejected because any member retaining some benefit, such as an eye with poor sight or a hand with weak grip, is not considered partially impaired in this context.