its explanation and clarification (21). If he strikes it and it becomes crooked, or its color changes, there is a hukuma according to their collective opinion. If he cuts it after that, the full diya is due. If he cuts it, but a piece of skin remains by which it stays attached (22) and it does not heal, and it becomes necessary to cut it, the diya is due; because he has cut the whole, some of it by direct action and the rest by causation, so it resembles the case where the cutting of a part extends to the cutting of the whole. If he puts it back and it heals, there is a hukuma; because it did not separate. If he separates it then puts it back and it heals, Abu Bakr said: There is nothing for it but a hukuma, like the previous one. The Qadi said: There is a diya for it. This is the school of al-Shafi'i; because he separated his nose, so its diya is incumbent upon him, just as if it had not healed, and because that which has been separated has become impure (najis), so he is required (25) to separate it after it heals. Whoever followed the opinion of Abu Bakr denied its impurity and the necessity of separating it; because the parts of a human are like the whole, as proven by other animals, and the whole is pure, so its parts are likewise.

Section: If he cuts his nose and his sense of smell departs, two diyas are due; because the sense of smell is in something other than the nose, so the diya of one does not enter into the other, just as hearing with the ear, sight with the eyelids, and speech with the lips. If he cuts the nose of one who has no sense of smell (akhsham), the diya is due; because that is a defect in something other than the nose, so it resembles what we mentioned.

1489 - Issue; He said: (AND FOR THE LIPS THERE IS THE DIYA)

There is no disagreement among the scholars that there is a diya for the two lips. [In the book of 'Amr ibn Hazm which the Messenger of Allah (peace and blessings of Allah be upon him) wrote for him: "And for the two lips there is the diya."] And because they are two organs for which there are no equivalents in the body, in them is apparent beauty and complete utility; for they are a cover for the mouth, protecting it from what harms it, hiding the teeth, retaining saliva, with them one blows, and through them speech is completed, as they contain some of the points of articulation for letters, so the diya is due for them, like the two hands and the two feet. The apparent (zahir) view of the school is that for each one of them there is half the diya. This has been narrated from Abu Bakr and Ali (may Allah be pleased with them). Most jurists have gone to this view. Another report has been narrated from Ahmad (may Allah have mercy on him) that for the upper lip there is one-third of the diya, and for the lower one there is two-thirds; because this is narrated from Zayd ibn Thabit. Sa'id ibn al-Musayyib and al-Zuhri have said this. And because the utility of it is greater, as it is the one that rotates, moves, and retains saliva and food, whereas the upper one is stationary and has no movement. For us, there is the statement of Abu Bakr and Ali (may Allah be pleased with them), and because for every two things for which a diya is due, half of it is due for one of them, like all other organs, and because for every set of things for which a diya is due, all of them are treated equally, like the fingers and the teeth, and there is no consideration given to the increase of utility, as evidenced by the principle we mentioned.