1508 - Issue: He said: (And in the ja'ifah [cavity wound], there is one-third of the blood money, and it is that which reaches the cavity).

This is the position of the general body of scholars, including the people of Medina, the people of Kufa, the people of Hadith, and the proponents of ra'y (discretionary opinion), with the exception of Makhul, who said regarding it: In cases of intentional [infliction], it is two-thirds of the blood money. 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 ja'ifah, 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. Furthermore, it is a wound for which there is a fixed [compensation], so its amount of compensation does not differ between intentional and accidental [acts], like the mudiha [exposing wound]. We do not know of any wound on the body that is devoid of the amputation of limbs or the breaking of bones that has a fixed [compensation] other than the ja'ifah. The ja'ifah is that which reaches the cavity from the stomach, the back, the chest, the pit of the throat, the hip, or elsewhere. Ibn 'Abd al-Barr mentioned that Malik, Abu Hanifa, al-Shafi'i, al-Batti, and their companions agreed that the ja'ifah is only [found] in the cavity. Ibn al-Qasim said: The ja'ifah is what leads to the cavity, even if by the depth of a needle. As for if one pierces the cheek and reaches the inside of the mouth, it is not a ja'ifah because the interior of the mouth has the legal status of the exterior, not the status of the interior. If he stabs him in his cheek, breaks the bone, and reaches his mouth, it is not a ja'ifah, for the reason we mentioned. Al-Shafi'i said in one of his two opinions: It is a ja'ifah, because it has reached a cavity. This is invalidated by the case where he pierces the cheek. Based on this, there is upon him the blood money for a hashimah [fracturing wound], due to the breaking of the bone, and regarding what exceeds that, there is a hukuma (discretionary assessment). If he wounds him in his nose and penetrates it, it is the same as if he wounded him in his cheek and penetrated it to his mouth, in both ruling and scholarly disagreement. If he wounds him in his penis and it reaches the urinary tract of the penis, it is not a ja'ifah, because it is not a cavity where one fears death from reaching it, unlike other [areas].

Section: If he inflicts two ja'ifah wounds upon him, separated by a barrier, there is upon him two-thirds of the blood money. If he pierces...