What is the ruling regarding the compensation for the injury amounting exactly to one-third of the full *diyah*?

General Chapter

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 5 · Bab 1

Open in Qurani

Primary text

There are two narrations concerning whether the compensation is equal for both genders at the level of one-third of the *diyah*. The preferred view is that they differ, meaning the woman's compensation is less than the man's, because the Prophet's statement used the particle 'until' (*hatta*), which necessitates a change from the preceding state. Furthermore, one-third is considered the threshold of the 'greater amount' (kathra), based on the Prophet's statement, 'One-third, and one-third is much.'

Supporting text

One narration suggests they are equal at one-third because the limit of 'lesser amount' (qillah) is not considered, evidenced by the validity of a bequest (wasiyya) for that amount.