Is a deformed ear (mustashfah) taken as compensation for a sound ear (sahihah)?

Chapter on Retaliation (Qawad)

Al-Mughni

Book of Wounds

Book 47 · Issue 1 · Bab 2

Open in Qurani

Primary text

The deformed ear is taken as compensation for the sound ear. This is the established ruling.

Supporting text

There is a difference of opinion regarding whether the sound ear is compensated by the deformed ear. One view holds that it is not compensated because the deformed ear is deficient and flawed, similar to a paralyzed hand or other compromised limbs. The opposing view states that it is compensated because its primary functions—gathering sound, preserving the location of hearing, and aesthetics—are achieved by the deformed ear just as they are by the sound ear, which distinguishes it from other limbs.