What is the ruling if there is a dispute regarding the complete loss of hearing?
Chapter on Diyat (Blood Money) for Wounds
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
If the claimant and the accused dispute the total loss of hearing, the accused is to be treated as if they can hear, monitored closely, and observed during loud noises such as thunder. If signs of distress, turning, or indication of hearing appear, the testimony of the perpetrator, coupled with their oath, prevails. This is because the manifestation of such signs indicates hearing ability, favoring the claimant's side, and the oath is taken because the observed reaction might have been coincidental. If no such signs appear, the testimony of the accused, coupled with their oath, prevails, as the apparent state suggests deafness, and the oath accounts for the possibility that the accused was intentionally acting cautious.