its blood money. When it reaches one-third, it is reduced to half. A female slave is a woman, so her compensation [should be] contrary to the principle; because the principle is that the compensation increases with the increase of the injury, and that the more her deficiency and damage increase, the more her compensation increases. Since this is contradicted in the case of the free woman, we remain with the female slave according to the [general] principle.

Section: If a slave is injured in the head or face with something less than a Muwaddihah (a wound that exposes the bone), and it causes a deficiency greater than its [standard] compensation, that which it caused as a deficiency must be paid. It is also possible that it is reduced to half a tenth of his value, like a free person if the compensation for his head wound, which is less than a Muwaddihah, exceeds half a tenth of his blood money. The first view is more appropriate, because this is an injury for which there is no fixed [legal] amount, so the mandatory payment is that which it caused in deficiency, just as if it were on a part other than his head. Also, because the principle is the obligation of [paying for] what was lost, and [this principle] was contradicted in the case of the fixed [compensation], so in this case, it remains upon the principle.

1518 - Issue: He said: "If the murdered person is a hermaphrodite (Khuntha Mushkil), there is [due for] it half the blood money of a male and half the blood money of a female."

This is the opinion of the proponents of Ra'y (the Hanafis). Al-Shafi'i said: What is obligatory is the blood money of a female, because that is the certainty, and the additional amount is not obligatory due to doubt. Our argument is that it has the potential for both masculinity and femininity with equal probability, and we have despaired of his condition being clarified, so it is necessary to take the middle ground between the two and act upon both possibilities.

Section: As for his injuries, if they do not reach one-third of the blood money, there is the blood money of a male's injury, due to the equality of the male and the female in that. If it exceeds one-third, such as if [someone] cuts off his hand, then there is three-quarters of the blood money of a male's hand, [which is] thirty-seven and a half camels. Both the male and the female may be subjected to retaliation for it, because they do not differ in retaliation, and he [the hermaphrodite] may be subjected to retaliation for either one of them.