What is the ruling for the paralysis (Istihshaf) of the ear?
Chapter on Diyat (Blood Money) for Wounds
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
If an injury causes the paralysis (Istihshaf) of the ear, which is equivalent to the paralysis of other limbs, the compensation due is *hukuma* (an adjudicated indemnity). This is one of the opinions attributed to Al-Shafi'i. The rationale is based on the fact that the ear’s utility, which is the gathering of sound and the protection of the ear canal from water and pests, remains intact even after paralysis. However, if the ear is severed after paralysis, the full *diya* (blood money) is due because it involves severing an ear that still possessed its beauty and remaining utility, similar to severing a blind or cross-eyed eye. If the ear is severed and the hearing is subsequently lost, two full *diyat* are due because hearing is a separate faculty located outside the physical ear structure.
Supporting text
An alternative opinion attributed to Al-Shafi'i states that the compensation for the paralysis of the ear is the full *diya*, based on the analogy that whatever necessitates a *diya* upon severance, also necessitates it upon paralysis, similar to the hand or foot.