the Hijaz call it: the ma'mumah. It is the wound that reaches the membrane of the brain [which is the membrane containing the brain]; it was called the 'mother of the brain' because it surrounds and holds it together. When the wound reaches it, it is called an ammah and a ma'mumah. It is said: 'amm-a the man, an ammah and ma'mumah.' Its compensation is one-third of the blood money according to the general body of scholars, with the exception of Makhul, who said: If it were intentional, it is two-thirds of the blood money, and if it were a mistake, it is one-third. Our evidence is the statement of the Prophet (may the peace and blessings of Allah be upon him) in the letter of 'Amr ibn Hazm: "And in the ma'mumah, there is one-third of the blood money." It was also narrated from Ibn 'Umar, from the Prophet (may the peace and blessings of Allah be upon him) the same. Something similar was also narrated from 'Ali. Furthermore, because it is a head wound (shajjah), its compensation does not differ between intentional and accidental [acts] in terms of amount, like other head wounds.
Section: If he pierces the membrane of the brain, it is the damighah, and in it there is the same as in the ma'mumah. The Qadi said: Our companions did not mention the damighah because of its equivalence to the ma'mumah in its compensation. It is also said: In addition to that, a hukuma (discretionary assessment) is required for the piercing of the brain membrane. It is possible that they omitted its mention [because its victim does not usually survive].
Section: If a man inflicts a mudiha upon him, then a second person fractures it (hashamaha), then a third makes it a munaqqilah, and a fourth makes it a ma'mumah, then the first owes the compensation for a mudiha, the second owes five [camels], completing the compensation of the hashimah, the third owes five [camels], completing the compensation of the munaqqilah, and the fourth owes eighteen and one-third [camels], completing the compensation of the ma'mumah.
(2) Omitted from B. (3) Omitted from M. (4) Its extraction was mentioned previously, on page 5. (5) In the copies: "Ibn 'Umar". The correction is based on what al-Bayhaqi extracted in the Chapter of the Ma'mumah, from the Book of Blood Money (al-Diyat), al-Sunan al-Kubra 8/83. Al-Bayhaqi said: We narrated it from 'Ali and Zayd ibn Thabit (may Allah be pleased with them both). (6) In M: "fi" (in). (7) In B and M: "li-kawniha la yaslamu sahibuha" (because its victim does not survive). (8) In the original: "hashamaha". (9) In B and M: "mudihatahu".