What is the ruling regarding compensation when one of the two lobes (طرفان) of the tongue is cut, resulting in the loss of speech?
Chapter on Diyat (Blood Money) for Wounds
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
If one of the two lobes of the tongue is severed and this results in the complete loss of speech, the full diya (blood money) is mandatory, because the solitary loss of speech necessitates the full diya. If only partial speech is lost, the ruling depends on the lobes' symmetry. If the two lobes were equal, the compensation equals the portion of the tongue cut relative to the speech lost. If one lobe was larger, the greater compensation determined previously is due. If no speech is lost despite the cutting, compensation is assessed only for the physical loss of the tongue substance. The evidence for this is the established ruling that the loss of speech on its own mandates the diya.
Supporting text
If one of the severed lobes was deviated from the normal alignment of the tongue, that deviated part is considered an innate excess (خلقة زائدة), and its value is determined by 'hukuma' (judicial assessment).