What is the required compensation for causing the neck to become crooked ('Sa'r) via assault?
Chapter on Diyat (Blood Money) for Wounds
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
If an assault causes the victim's neck to become crooked (Sa'r), resulting in the face pointing to the side, a full blood money is obligatory. This ruling is attributed to Zayd ibn Thabit, and no dissenting opinion among the Companions is known, establishing a consensus (Ijma). The justification is that this injury removes both aesthetic quality (beauty) and utility, thus warranting a full blood money, akin to other losses of utility. The argument that no utility is lost is incorrect, as the victim cannot see straight ahead, avoid hazards while walking, or properly assess threats or beneficial matters when faced with difficulty or an approaching enemy, nor can they turn their neck to observe what is beneficial or harmful.
Supporting text
Al-Shafi'i is of the opinion that only an arbitrary assessment of compensation (Hukuma) is due, as this injury constitutes a loss of beauty without the loss of a specific function.