-may Allah bless him and grant him peace- regarding the mudihah [wounding that exposes the bone] as five camels, and he did not adjudicate anything for that which is less than it. This is because there is no established fixed amount for them by authoritative text, nor is there a valid analogy for it, so it is necessary to revert to discretionary compensation (hukumah), just like the harisah. Al-Qadi mentioned that whenever it is possible to assess these injuries by the mudihah—such as if there is a mudihah on the head of the injured party alongside it—this injury is estimated by it. If it is the size of half, half of the indemnity of the mudihah is due; if it is the size of one-third, one-third of the indemnity is due. It continues this way unless the discretionary compensation exceeds that amount, in which case one is obligated to pay what the discretionary compensation determines. So if the injury is the size of half a mudihah, and its blemish decreases two-thirds of its value, we obligate two-thirds of the mudihah's indemnity. If the discretionary compensation is less than half, we obligate the half. We obligate the greater of what the discretionary compensation yields or its equivalent from the mudihah, because two obligating causes have combined: the blemish and its size relative to the mudihah, so the greater of the two is obligated due to the presence of its cause. The evidence for obligating a fixed amount is that this flesh has a fixed measure, so a portion of it carries a proportion of its blood money, like the nasal septum, the glans, the lip, and the eyelid. This is the school of al-Shafi'i. We do not know this to be the school of Ahmad, nor does his school entail it, and it is not valid because this is an injury for which discretionary compensation is due, so no fixed amount is obligatory for it, like injuries to the body. It is not valid to draw an analogy between this and what they mentioned, as discretionary compensation is not due in those cases, and we know of no equivalent for what they mentioned.

1514- Issue: He said: (And for those injuries for which there is no fixed assessment, and which are not analogous to those whose blood money is fixed, there is discretionary compensation).

As for that which has a fixed assessment, it is what the Prophet, may Allah bless him and grant him peace, provided an indemnity for, and clarified the amount of its blood money.