if the first was taken as qisas, or in other than the path of Allah. And analogy to the eye of the one-eyed person is not correct for three reasons: First, that the eye of the one-eyed person achieves what is achieved by two eyes, and they do not differ in reality and legal rulings except for a slight disparity, unlike the person who has lost a hand or a leg. Second, that the legal ruling regarding the eye of the one-eyed person does not differ with the difference in the manner of the loss of the first [eye]. Whereas here, it does differ (36). Third, that this estimation and specification in this manner is a matter that cannot be resorted to by mere opinion, nor is there any textual authority (tawqif) regarding it to be followed, nor is there an equivalent to be used for analogy. Thus, resorting to it is an exercise of personal authority (tahakkum) without evidence, so it must be discarded. If the ear of someone whose ear has been cut off is cut, or the nostril of someone whose nostril has been cut, no more than half the diya is mandatory, in a single narration; because the benefit of each ear is not connected to the other, unlike the two eyes.

1484 - Issue; he said: (And in the four eyelids is the diya, and in each of them is a quarter of the diya)

He means the lids of the two eyes, and they are four. So in all of them is the diya; because they contain the utility of the species. And in each one of them is a quarter of the diya; because every set of things for which the diya is mandatory in its entirety, the diya is mandatory in each one of them according to its share, like the hands and the fingers. This is the opinion of al-Hasan, al-Sha'bi, Qatada, Abu Hashim, al-Thawri, al-Shafi'i, and the scholars of opinion (ashab al-ra'y). From Malik (2), regarding the eyelid of the eye and its orbital bone (3), it is a matter of ijtihad; because its estimation was not known from the Prophet (may the peace and blessings of Allah be upon him), and estimation is not established through analogy. Our position is that they are members that possess manifest beauty and complete benefit; for they cover the eye, protect it, and shield it from heat and cold, and they are like a latch upon it, closing when one wills and opening when one wills. Were it not for them, its appearance would be ugly, so the diya is mandatory for them, like the hands. And we do not concede that estimation is not established through analogy. So when it is established