according to what we have mentioned. If he claims a decrease in hearing in both [ears], we have no way of knowing this except from him, so the judge shall require him to take an oath and shall impose a hukuma (discretionary penalty). If he claims a decrease in one of them, we block the defective one and leave the sound one open, and we station someone to speak to him while he moves away to the point where he says: "I cannot hear." When he says: "I cannot hear," the person varies the sound and the speech for him; if it becomes clear that he hears, then he is lying. When he reaches the limit of his hearing, he estimates the distance, blocks the sound one, leaves the defective one open, and speaks to him while moving away until he says: "I cannot hear." When he says that, he varies the speech for him; if his condition changes, his word is not accepted, and if his condition does not change, he takes an oath, his word is accepted, the two distances are measured, and what the defective one missed is looked at, and payment is required according to that amount. If he says: "I hear the loud [sounds], but I do not hear the faint [ones]," this cannot be estimated, so a hukuma is required for it.

Section: If the experts say: "His hearing is expected to return within a certain period," it is awaited until then. If there is no fixed limit for that, it is not awaited. Whenever the hearing returns, if it is before taking the diya, it is dropped; if it is after, it is returned, according to what we said regarding sight.

1487 - Issue: He said: "And for the loss of hair on the head, if it does not grow back, [is] the diya. And for the hair of the beard, [is] the diya, if it does not grow back. [And for the eyebrows, [is] the diya, if they do not grow back]. (1)"

These three types of hair—each one of them incurs a full diya. Our companions mentioned a fourth type of hair with them, which is the eyelashes, and we have mentioned it before this. Thus, for each of them is a diya. This is the opinion of Abu Hanifa and al-Thawri. Among those who made the diya mandatory for the eyebrows are Sa'id ibn al-Musayyab, Shurayh, al-Hasan, and Qatada. It is narrated from Ali and Zayd ibn Thabit that they said regarding the hair: "It incurs the diya." Malik and al-Shafi'i said: "It incurs a hukuma." This was chosen by Ibn al-Mundhir, because it is the destruction of beauty without utility, so the diya is not mandatory for it, like a paralyzed hand or a blind eye. To us, [the counter-argument is] that he removed the beauty completely,