as in his saying: "For the nose is the blood money, and for the tongue is the blood money." We have already mentioned this. As for its equivalent, it is what is in its meaning and is measured by analogy to it, such as the two buttocks, the two breasts, and the two eyebrows. We have also mentioned that. Therefore, that which is not among the fixed-amount injuries, nor among that which can be measured by analogy to them—such as head wounds (shijaj) less than the mudihah, injuries to the body other than the penetrating wound (ja'ifah), the severing of limbs, and the breaking of the aforementioned bones—there is nothing for it except discretionary compensation (hukumah).

1515- Issue: He said: (Discretionary compensation is for the injured party to be appraised as if he were a slave without any injury, then he is appraised while he is healed from it, so whatever the injury decreased him by, he is entitled to the same proportion of the blood money. For instance, if his value as a sound slave is ten, and his value as a slave with the injury is nine, then he is entitled to one-tenth of his blood money).

This is what al-Khiraqi, may Allah have mercy on him, mentioned in the explanation of discretionary compensation, and it is the position of all scholars; we know of no disagreement among them regarding it. Al-Shafi'i, al-Anbari, the proponents of opinion (ashab al-ra'y), and others held this view. Ibn al-Mundhir said: Everyone we remember from among the scholars holds the view that the meaning of their term "discretionary compensation" is that if a person is afflicted with a wound for which there is no known fixed blood money, it is asked: What is the value of this wounded person if he were a slave who had not been afflicted with this wound? If it is said: one hundred dinars. Then it is asked: And what is his value after he has been afflicted with this wound, and his healing is complete? It is said: ninety-five. So what is due from the perpetrator is one-half of one-tenth of the blood money. If they say: ninety, then it is one-tenth of the blood money. If it is more or less, then it follows this example. It is only like this because his total person is guaranteed by the blood money, so his parts are guaranteed based on it, just as the item sold, when it is guaranteed against the seller by the price, the indemnity for its defect is estimated based on the price. Thus it is said: What is his value without the defect? They say: ten. Then it is said: What is his value with the defect? If it is said: nine, it is known that it has decreased by one-tenth of its value, so we must return one-tenth of the price, whatever that amount may be, and we estimate it.