the intellect; for it is the greatest of meanings in value and the most significant of senses in benefit. Through it, one is distinguished from the beast, recognizes the realities of things known, is guided toward one's interests, avoids what harms one, and becomes eligible for legal responsibility (taklif). It is a prerequisite for the establishment of authority (wilayat), the validity of legal transactions (tasarrufat), and the performance of acts of worship. Thus, it is more deserving of requiring blood money than the rest of the senses. If one's intellect is diminished by a known amount—such as becoming insane one day and sane another—then the blood money is due in proportion to that, because whatever is subject to blood money, some of it is due in some of it according to its proportion, like fingers. However, if the extent is unknown—such as becoming bewildered, or being frightened by things that do not cause fright, or feeling lonely when alone—this cannot be quantified, so a government-mandated compensation (hukumah) is required.

Section: If one destroys his intellect through an injury that does not require a specific compensation (arsh), such as a slap, intimidation, or the like, then blood money is due, and nothing else. If one destroys it through an injury that does require compensation, such as wounding or cutting off a limb, both the blood money and the compensation for the wound are required. This is the opinion of Malik and al-Shafi‘i in the new (al-jadid) position. Abu Hanifah and al-Shafi‘i in the old (al-qadim) position said: the lesser of the two is subsumed into the greater. If the blood money is more than (4) the compensation for the wound, it alone is required; if the compensation for the wound is more—such as if he cut off his hands and feet, and as a result his intellect was lost—then the blood money for the wound is required, and the blood money for the intellect is subsumed into it, because the loss of intellect results in the dysfunction of the benefits of the limbs, so their compensation is subsumed into it, just like death. Our view is that this is an injury that destroyed a benefit from outside its (original) site while the soul remained, so the two compensations do not overlap, just as if he had caused a head injury (awdahah) and consequently his sight or hearing was lost. Furthermore, if he were to injure his ear or nose and his hearing or smell were lost, their compensation (5) would not be subsumed into the blood money for the nose or ear, despite their proximity to them, so here it is even more applicable. What they have mentioned (6) is invalid.