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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 12 · Page 120

Translation · EN

in al-Muwatta': "If it is fully cut off (ijda'an)." He means by it: fully encompassed and uprooted. Because it is an organ that possesses beauty and utility, and there is nothing else like it in the body, it requires the diya, like the tongue. The diya is specifically for its cartilage (marin), which is the soft part of it. This is how al-Khalil and others stated, because it is narrated from Tawus that he said: It was in the book of the Messenger of Allah (peace and blessings of Allah be upon him): "And for the nose, if its cartilage is fully cut off, there is the diya." This is because that which is cut is the cartilage, so the report applies to it. If part of it is cut, there is a portion of the diya for it; it is measured and the amount of that part is determined, just as we said regarding the ears. This is narrated from Umar ibn Abd al-Aziz, al-Sha'bi, and al-Shafi'i. If one of the two nostrils is cut, there is one-third of the diya for it, and for both nostrils there are two-thirds, and for the septum (hajiz) between them, there is one-third. Ahmad said: In the watara (septum) there is one-third, and in the kharma (the wing/side of the nostril) in each of them there is one-third. Ishaq said this, and it is one of the two opinions of the followers of al-Shafi'i; because the cartilage comprises three things of the same kind, so the diya is distributed according to their number, like all other things that have a set number of the same kind, such as the hands, the fingers, and the four eyelids. Abu al-Khattab narrated another opinion: that in the two nostrils there is the diya, and in the septum between them there is a hukuma (judicial assessment); due to the statement of Ahmad: "In every pair in a human, there is the diya." This is the second opinion of the followers of al-Shafi'i, because the two nostrils have no third in the body, so they are like the two hands; and because by cutting the two nostrils, the perpetrator has removed all beauty and utility, so it resembles cutting off both hands. Based on this opinion, there is half the diya for cutting one nostril, and if he cuts the septum with it, there is a hukuma, and if he cuts

Notes

(7) In M: "idha". (8) Omitted from B. (9) Extracted by al-Bayhaqi, in: The Chapter on the Diya of the Nose, from the Book of Diyas (Blood Money). Al-Sunan al-Kubra 8/88. And by Abd al-Razzaq, in: The Chapter on the Nose, from the Book of al-'Uqul. Al-Musannaf 9/339. (10) In M, there is an addition: "wa-qad". (11) The watara; with fatha and kasra (harakat): the partition between the two nostrils. (12) Omitted from the original. In M: "wa-fi al-hurma". The kharma: the place of the piercing on the nose. (13) In the original: "minha". (14) Omitted from B and M.

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