this, then in one of them is a quarter of the diya. It is narrated from al-Sha'bi that two-thirds of the diya of the eye is mandatory for the upper [lid], and one-third of it for the lower [lid]; because it is of greater utility. Our position is that every set of things for which the diya is mandatory in its entirety, the diya is mandatory proportionally for each one of them, like the two hands and the fingers; and what he mentioned is invalidated by the right [hand] with the left [hand] and the fingers. If he plucks out the two eyes with their eyelids, two diyas become mandatory; because they are two categories for which the diya is mandatory for each one of them individually; therefore, by destroying both of them completely, two diyas become mandatory, like the two hands and the two legs. The diya is mandatory for the eyelids of a blind person; because the loss of his sight is a defect in something other than the eyelids, so it does not prevent the obligation of the diya for them, like the loss of the sense of smell does not prevent the obligation of the diya for the nose.

Section: The diya is mandatory for the eyelashes of the two eyes individually, and they are the hair that is on the eyelids, and in each one of them is a quarter of it. This is the opinion of Abu Hanifa. Al-Shafi'i said: There is a hukuma (adjudicated compensation) in them. Our position is that they possess beauty and utility, for they shield the eyes, repel [harm] from them, and enhance and beautify the eye; therefore, the diya is mandatory for them, like the eyelids. If he cuts the eyelids with their eyelashes, no more than one diya is mandatory; because the hair is removed as a consequence of the removal of the eyelids, so it is not treated as a separate liability, like the fingers when one cuts the hand while they are attached to it.

1485 - Issue; he said: (And in the two ears is the diya)

This is narrated from Umar and Ali. This is also the opinion of Ata', Mujahid, al-Hasan, Qatada, al-Thawri, al-Awza'i, al-Shafi'i, the scholars of opinion (ashab al-ra'y), and Malik in one of the two narrations from him. In the other, he said: There is a hukuma in them; because the Law (al-Shar') did not provide an estimation for them, and estimation is not established through analogy. Our position is what is in the document of the Prophet (may the peace and blessings of Allah be upon him) to 'Amr ibn Hazm: "And in the two ears is the diya."