any part of speech, but there occurred in it haste, stuttering, or stammering, then he is liable for a hukūma (assessed compensation) for the resulting deficiency and disfigurement; the full diya is not due because the function remains. If another offender commits an offense against him and destroys his speech, the full diya is due, just as if an offender committed an offense against his eye, causing it to become bleary, and then another committed an offense against it, causing the loss of its sight. If the first [offender] destroyed some of the letters and the second destroyed the remainder of the speech, each one of them is liable in proportion to their share, just as if the first destroyed the sight of one of two eyes and the second destroyed the sight of the other. If he was lisping without an offense being committed against him, and someone destroyed all his speech, then if his lisp is considered incurable, the diya is due in proportion to the letters lost; but if it is not considered incurable, such as in the case of a child, the full diya is due, because the apparent state is that it will be cured. The same applies to an adult if his lisp can be removed through education.
Section: If he cuts part of his tongue and some of his speech is lost, if they are equal—for instance, he cuts a fourth of his tongue and a fourth of his speech is lost—a fourth of the diya is due according to the proportion of what was lost from both, just as if he gouged out one of his eyes and its sight was lost. If one of them is lost more than the other—for instance, he cut a fourth of his tongue and half of his speech was lost, or he cut half of his tongue and a fourth of his speech was lost—the amount due is according to the greater of the two, which is half the diya in both cases. This is because each of the tongue and the speech is guaranteed by the diya independently; so if one half is lost, half [the diya] is due. Do you not see that if half the speech were lost and nothing from the tongue were lost, half the diya would be due? And if half the tongue were lost and nothing from the speech were lost, half the diya would be due. If he cut a fourth of the tongue and half the speech was lost, half the diya is due. If another [person] cuts the remainder of the tongue and the rest of the speech is lost, there are three positions regarding this: The first is that he is liable for half the diya. This is the opinion of al-Qāḍī, and it is one of the two positions held by the Shāfiʿī companions, because the healthy part is half the tongue, and the remainder of it is paralyzed, evidenced by the loss of half of
(14) In B: "zawāl". (15) In the original and B: "ka-annahu". (16) In B: "wa-hādhā".