‘Ata’, al-Hasan, al-Zuhri, and Malik. The Qadi and the companions of al-Shafi‘i said: There is no blood money for fracturing the spine, unless the victim’s ability to walk or his sexual intercourse is lost, in which case the blood money is due for that benefit, because it is an organ whose benefit has not been entirely lost, so the full blood money is not due, like other organs. Our evidence is the report, and also that it is an organ unlike any other in the body, possessing beauty and benefit, so the blood money is due for it specifically, like the nose. If his walking is lost due to the fracturing of his spine, the blood money is due according to everyone. No more than one blood money is due, because it is a benefit that generally accompanies a spinal fracture, so it is similar to if he severed his two legs. If his walking is not lost, but his sexual intercourse is lost, the blood money is also due for it (5). This is narrated from ‘Ali, may Allah be pleased with him (6); because it is an intended benefit, so it is similar to the loss of his walking. If both his sexual intercourse and his walking are lost, two blood monies are due, according to the apparent statement of Ahmad, may Allah have mercy on him, in a narration by his son ‘Abd Allah; because they are two benefits for which the blood money is due if each were lost separately, so when they combine, two blood monies are due, like hearing and sight. Another narration from Ahmad states: one blood money is due for both, because they are the benefit of a single organ, so no more than one blood money is due for them, just as if he cut his tongue and his speech and taste were lost. If his spine heals and one of the two benefits returns but not the other, [only one blood money] (8) is due, unless the other is deficient, in which case a judicial assessment (hukuma) is due for its deficiency, or if it is deficient from another aspect, then there would be a judicial assessment for that. If he claims the loss of his sexual intercourse, and two experts say: "Such an injury usually results in the loss of sexual intercourse," the word is that of the victim upon his oath; because it is not possible to know this except from his side. If he fractured his spine and his penis became paralyzed, the statement of Ahmad necessitates the obligation of two blood monies; one for the fracturing of the spine and another for the penis. According to the Qadi’s statement and the school of al-Shafi‘i, the blood money is due for the penis, and a judicial assessment is due for the fracture of the spine. If he paralyzed his two legs, the blood money is also due for them. If he causes the loss of his semen without his sexual intercourse, it is possible that the blood money is due. This is reported from
(5) In M: "for it (فيه)". (6) Narrated by Ibn Abi Shaybah in: "Chapter on the Spine and How Much Is In It," from the Book of Blood Money (Kitab al-Diyat), Al-Musannaf 9/231. (7) In B and M: "in them (فيها)". (8) Omitted from: B. (9) Omitted from: The original.