And because Umar and Ali decreed the diya for them. If it is said: It has been narrated from Abu Bakr, may Allah be pleased with him, that he decreed fifteen camels for the ear. We say: That is not established, as stated by Ibn al-Mundhir. And because whatever in the body has two organs, there is a diya for the two of them, like the two hands, and in one of them there is half the diya, without disagreement among those who state the necessity of the diya for them. And because for every two organs for which the diya is mandatory, half of it is mandatory for one of them, like the two hands. If he cuts part of one of them, it is mandatory in proportion to what he cut of its diya, so in half of it is half its diya, and in a quarter of it is its quarter, and it is calculated accordingly, regardless of whether he cut from the top of the ear or its bottom, or if they differ in beauty or not, just as teeth and fingers differ in beauty and utility, yet their diyas are equal. It has been narrated from Ahmad, may Allah have mercy on him, that in the lobe of the ear is a third of the diya, but the [official] madhhab is the first [opinion]. The diya is mandatory for the ear of a deaf person; because deafness is a deficiency in something other than the ear, so it does not affect its diya, just as blindness does not affect the diya of the eyelids. This is the opinion of al-Shafi'i, and I do not know of any dissenter regarding it.

Section: If he commits a crime against his ear and it becomes shriveled (istahshafat), and its shriveling is like the paralysis of other limbs, then there is a hukuma (adjudicated compensation) for it. This is one of the two opinions of al-Shafi'i. In the other, he said: The diya is for it; because whatever is subject to a diya by being cut is subject to it by being paralyzed, like the hand and the foot. Our position is that its utility remains after its shriveling, as does its beauty, for its utility is to collect sound and prevent the entry of water and insects into its canal, and this remains after it is paralyzed. If someone cuts it after it has shriveled, then its diya is [due] for it, because he cut an ear in which its beauty and utility remained, so its diya is mandatory as it is for a sound one, just as if he plucked out an eye that had a blemish or a squint.

1486 - Issue; he said: (And in the hearing, if it is lost from the two ears, is the diya)

There is no disagreement on this. Ibn al-Mundhir said: The generality of the scholars have reached a consensus that in the hearing...