the bone. It has not reached us from the Prophet (may the peace and blessings of Allah be upon him) that there is a set estimation for it, but most of those among the scholars whose views have reached us hold that its compensation is estimated at ten camels. This was narrated by Qabisah ibn Dhu'ayb, from Zayd ibn Thabit. This was also the view of Qatadah, al-Shafi'i, and al-'Anbari. A similar view is held by al-Thawri and the People of Opinion (Ashab al-Ra'y), except that they estimated it at one-tenth of the blood money in dirhams, which, according to their opinion, is one thousand dirhams. Al-Hasan did not specify anything for it. It was reported from Malik that he said: "I do not recognize the hashimah, but for the idah (making a mudiha) there are five [camels], and for the hashm (fracture) there is a hukuma (discretionary assessment)." Ibn al-Mundhir said: "Reasoning points to the view of al-Hasan, since there is no Sunnah regarding it, nor is there consensus, and because no estimation was reported in it from the Prophet (may the peace and blessings of Allah be upon him), therefore a hukuma becomes mandatory for it, just as in the case of what is less than a mudiha." Our view is the statement of Zayd, and the appearance of such a thing is that it is a tawqif (divinely-inspired instruction), and because we have not known anyone to contradict him in his era, it was therefore a consensus. Furthermore, it is a wound above the mudiha that is distinguished by a specific name, so it has an estimated compensation, like the ma'mumah.
Section: The hashimah is exclusively on the head and face, according to what we have mentioned regarding the mudiha. If he inflicts two hashimahs upon him with a barrier between them, he is liable for twenty camels, according to the details we mentioned regarding the mudiha. The small hashimah and the large hashimah are equal. If he inflicts a wound upon him, part of which is a mudiha, part of which is a hashimah, part of which is a simhaq, and part of which is mutalahimah, the compensation for the hashimah is mandatory; because if the entire thing were a hashimah, its compensation would suffice, and if the fractured part were distinct, its compensation would be mandatory, so it is not diminished by the additional compensation [found] in other parts. If he strikes his head and fractures the bone without making it a mudiha, the blood money for a hashimah is not mandatory, without disagreement; because the estimated compensation is only mandatory in a hashimah that is accompanied by a mudiha. Regarding what is mandatory in it, there are two positions; one is that there are five camels in it;
(1) Extracted by al-Bayhaqi, in: The Chapter of the Hashimah, from the Book of Blood Money. Al-Sunan al-Kubra 8/82. And 'Abd al-Razzaq, in: The Chapter of the Hashimah from the Book of 'Uqul (Blood Money). Al-Musannaf 9/314. (2) In B and M: "he said". (3) In B and M: "it is diminished". (4) In B and M, there is an addition: "if". (5) In M: "the compensation". (6) In B: "then it is".