1503 - Issue: He said: (And for the two labia of a woman, the full blood money is due.)

The two labia (iskatan) are the flesh surrounding the vulva on both its sides, encompassing it like the lips do the mouth. The linguists state: The two edges (shafran) are the borders of the two labia, just as the eyelids (ashfar) are the fringes of the eye. The full blood money of a woman is due for them if they are both severed. This is the opinion of Al-Shafi'i. It was also stated by Al-Thawri, provided that intercourse with her is not possible. Muhammad ibn Sufyan ruled in accordance with this when it reaches the bone, because they possess both beauty and function, and there is nothing else in the body of their same kind, so the full blood money is mandatory for them, as is the case for all things of which there are two. For one of them, half the blood money is due, as we mentioned regarding other similar pairs. If one commits an offense against them that renders them withered (ashall), their full blood money is mandatory, just as if one committed an offense against the lips that rendered them withered. There is no difference between them being thick or thin, short or long, whether they belong to a virgin or a deflowered woman, a young or old woman, one who has undergone female circumcision (khafd) or one who has not, because they are two limbs for which blood money is due, so all that we have mentioned applies equally to them, as with her other limbs. There is no difference between a woman with vaginal atresia (ratqa') and another, because atresia is a defect elsewhere, so it does not diminish their blood money, just as deafness does not diminish the blood money of the ears. Al-Khafd is circumcision in the case of a woman.

Section: For the pubic area (rakab) of a woman, a government-determined assessment (hukumah) is due, and this is the woman's pubic hair (anah), as is the case for a man's pubic hair; because there is no fixed assessment for it, nor is it an equivalent to that which has an assessment. If something is taken from it along with the woman's vulva or the man's penis, then a government-determined assessment (hukumah) is due along with the blood money, just as if some flesh surrounding the nose or lips were taken along with them.

1504 - Issue: He said: (And for the mudiha [a wound that exposes the bone] of a free person, five camels are due, whether the victim is a man or a woman, and the mudiha of the head and the face are the same, and it is the one that exposes the bone.)

This is one of the head or face wounds (shijaj), and among these wounds, there is no retaliation (qisas) except for it, and the determined amount is not mandatory for anything less than it. It is the one that reaches the bone; it is called 'mudiha' because it reveals the 'wadah' of the bone, which is its whiteness. The scholars have reached a consensus that its compensation (arsh) is determined. Ibn al-Mundhir stated this. In the letter of the Prophet (peace and blessings of Allah be upon him) to 'Amr ibn Hazm: "And for the mudiha, five camels are due." [It was narrated from 'Amr ibn Shu'ayb, from his father, from his grandfather, from the Prophet (peace and blessings of Allah be upon him) that he said: "For the mawadih [plural of mudiha], five by five are due." ] This was narrated by Abu Dawud, Al-Nasa'i, and Al-Tirmidhi, who said: A hasan (good) hadith. Al-Khiraqi’s saying: "In the mudiha of a free person," is intended to exclude the mudiha of a slave. And his saying: "Whether the victim is a man or a woman," means that they do not differ in the compensation for the mudiha; because it is less than one-third of the blood money, and they are equal in that which is less than one-third, and they differ in that which is more. According to Al-Shafi'i, the mudiha of a woman is half that of a man, based on the principle that the wounds of a woman are half those of a man in both large and small amounts. We will mention this in its proper place, if Allah the Almighty wills. The generality of the hadith we have narrated here is an argument against him, and it is sufficient. The majority of scholars hold that the mudiha of the head and the face are equal. This was narrated from Abu Bakr and 'Umar, may Allah be pleased with them. This is also the opinion of Shurayh, Makhul, Al-Sha'bi, Al-Nakha'i, Al-Zuhri, Rabi'ah, 'Ubayd Allah ibn al-Hasan, Abu Hanifah, Al-Shafi'i, and Ishaq. It was narrated from Sa'id ibn al-Musayyib that he said: The mudiha of the face is doubled in comparison to the mudiha of the head, so ten camels are mandatory for the mudiha of the face, because its disfigurement (shayn) is greater. The Qadi mentioned this as a narration from Ahmad. The mudiha of the head is covered by hair and the turban.