its location, and its quantity is unknown, thus equality in it is not possible, so retaliation is not mandatory for it.

1488 - Issue; He said: (AND FOR THE SENSE OF SMELL THERE IS THE DIYA)

He means the sense of smell; in its destruction is the diya, because it is a sense specifically distinguished by its utility, so the diya is applicable to it, like all other senses. We know of no disagreement regarding this. Al-Qadi said: In the book of 'Amr ibn Hazm, from the Prophet (peace and blessings of Allah be upon him), it is stated: "And for the sense of smell, there is the diya." If he claims the loss of his sense of smell, we test him with pleasant or foul odors; if he reacts positively to the pleasant and recoils from the foul, the word is the word of the perpetrator, along with his oath. If that does not become apparent from him, the word is the word of the victim, similar to our statement regarding their disagreement over hearing. If the victim claims a reduction in his sense of smell, his word is accepted, along with his oath; because knowledge of this cannot be attained except from his side, so his word is accepted regarding it, just as the word of a woman is accepted regarding the completion of her waiting period ('idda) by the menstruation cycles (aqra'), and he is entitled to the amount of diya determined by a judicial assessment (hukuma). If his sense of smell is lost and then returns before the diya is taken, it lapses; and if it is after it is taken, he returns it, because it has become clear that it was not lost. If there is hope for the return of his sense of smell within a certain period, it is awaited. If his sense of smell is lost from one of his nostrils, there is half the diya for it, just as if his sight was lost from one of his eyes.

Section: And for the nose, there is the diya when its cartilage (marin) is cut, without any disagreement among them. Ibn 'Abd al-Barr and Ibn al-Mundhir narrated this from those of the people of knowledge from whom they preserve. In the book of 'Amr ibn Hazm, from the Prophet (peace and blessings of Allah be upon him), it is stated: "And for the nose, when it is cut off entirely, there is the diya." In the narration of Malik, in