the loss of the vision of one of the eyes [meriting] half the diya; because it has not decreased. We say: It does not necessarily follow from the obligation of something of the diya of the two eyes that the diya of the second one decreases, as evidenced by the fact that if someone commits an offense against them such that they become cross-eyed, or suffer from chronic watering, or their light decreases, the indemnity (arsh) for the decrease is mandatory, but their diya does not decrease because of that. Furthermore, the decrease that occurred did not affect the reduction of their legal statuses, nor is it quantified in terms of the loss of utility; therefore, it did not affect the reduction of the diya, like the case we mentioned.
Section: If a one-eyed person plucks out the eye of a person with two eyes, we consider: if he plucks out the eye that does not correspond to his own healthy eye, or if he plucks out the one corresponding to his healthy eye by mistake, he is liable for nothing but half the diya; I know of no dissenter regarding this, for that is the principle (asl). If he plucks out the one corresponding to his own healthy eye intentionally, then there is no qisas (retaliation) upon him, but he is liable for a full diya. This was stated by Sa'id ibn al-Musayyab, 'Ata', and Malik in one of his two narrations. In the other, he said: He is liable for half the diya, and there is no qisas. The dissenters regarding the first issue said: He is subject to qisas, because of the Almighty's saying: "And the eye for the eye." If he chooses the diya, he is entitled to half of it because of the report, and because if someone else had plucked it out, only half the diya would have been mandatory for it; therefore, no more than half is mandatory upon him, just like the other eye. Our position is that 'Umar and 'Uthman ruled according to the same position as ours, and we do not know of any dissenter among the companions regarding their ruling, so it constitutes a consensus.
Section: If a one-eyed person plucks out both eyes of a person with two eyes, he is liable for nothing but one diya, whether it was intentional or by mistake. The Qadi mentioned that the analogy of the school is that two diyas are mandatory: one for the eye through which he earned
(26) In [M]: "dhahab" (loss). (27) In [B]: "wa lana" (and our position is). (28) In [B]: "al-sahihah" (the healthy [eye]). (29) Omitted from [Al-Asl] and [B]. (30) Surah al-Ma'idah, 45. (31) Narrated by al-Bayhaqi, in: The chapter on the healthy person injuring the eye of a one-eyed person..., from the Book of Diya. Al-Sunan al-Kubra 8/94. And 'Abd al-Razzaq, in: The chapter on the one-eyed person injuring the eye of a human, from the Book of Al-'Uqul. Al-Musannaf 9/333.
