What is the prescribed compensation for injury to the clavicle (turuqwa)?
Chapter on Diyat (Blood Money) for Wounds
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
The compensation for an injury to the clavicle is one camel, according to Zayd ibn Thabit. The clavicle is defined as the bone surrounding the neck from the breastbone to the shoulder. Since each person has two clavicles, the total compensation for both is four camels, according to the apparent reading of the statement by Al-Khiraqi. However, the القاضي (Al-Qadi) interpreted Al-Khiraqi's statement as referring to both clavicles collectively, meaning one camel per clavicle, which is the position held by Umar ibn Al-Khattab, Sa'id ibn Al-Musayyib, Mujahid, 'Abd al-Malik ibn Marwan, Sa'id ibn Jubayr, Qatada, and Ishaq. This is also one opinion within the Shafi'i school.
Supporting text
A dissenting view, which is the prevalent position among Shafi'i scholars and attributed to Masruq, Abu Hanifa, Malik, and Ibn al-Mundhir, holds that an amount determined by discretionary judgment (hukuma) is due, as the clavicle is an internal bone not specifically designated for beauty or utility, thus precluding a fixed prescribed compensation (arsh muqaddar). Al-Sha'bi narrated that the compensation for the clavicle is forty dinars. 'Amr ibn Shu'ayb stated that the blood money is due for both clavicles, and half that amount for one, analogizing them to the two hands due to their aesthetic and utilitarian value.