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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 7 · Page 371Section

Translation · EN

the owner's purpose, and in the case of a sheep, its entirety is destroyed; for the consideration in destruction is the object against which the crime was committed, not the purpose of its owner; because if it is not suitable for this, it may be suitable for something else.

Section: The amount of the indemnity (arsh) is the amount (23) of the depreciation in value for all substances. Al-Shafi'i held this opinion. There is another report from Ahmad that the eye of a beast is guaranteed by one-fourth of its value. For he said, in the report of Abu al-Harith, regarding a man who gouged out the eye of a man's beast: "He is liable for one-fourth of its value." It was said to him: "And if he gouged out both eyes?" He replied: "If it was one [eye], Umar said one-fourth of the value, but as for both eyes, I have heard nothing regarding them." It was said to him: "What if it were a camel, a cow, or a sheep?" He said: "This is different from the beast (dabba); this is benefited from by its meat, so one considers what it has depreciated by." This indicates that Ahmad only made a specific amount (24) mandatory for a single eye of a beast, which is the horse, the mule, and the donkey specifically, due to the report (athar) narrated regarding it, and other than this, one refers back to analogy (qiyas). Our companions argued for this report using what Zayd ibn Thabit narrated, that the Prophet (peace and blessings of Allah be upon him) decreed for the eye of a beast one-fourth of its value (25). It was also narrated (26) from Umar, may Allah be pleased with him, that he wrote to Shurayh when he wrote to him asking about the eye of the beast: "We used to treat it in the same status as a human, except that our consensus is that its value is one-fourth of the price." This is a consensus (ijma') that is given precedence over analogy. Abu al-Khattab mentioned these two in "Ru'us al-Masa'il". Abu Hanifa said: If one removes the eye of a beast that is benefited from in two ways, such as the horse, the camel, and the cow, half of its value is mandatory, and for one of them, one-fourth of its value; due to the saying of Umar, may Allah be pleased with him: "Our consensus is that its value is one-fourth of the price." It has been narrated from Ahmad, regarding the slave, that he is guaranteed in usurpation by what he is guaranteed by in crimes; so for his hand is half of his value, and for his wound that exposes the bone (mudihah) is half of a tenth of his value. This is the opinion of some (27) of the companions of al-Shafi'i; because it is a guarantee for parts of the slave, so it was estimated from his value, like the indemnity for a crime.

Notes

(23) Omitted from M. (24) In the original and B: "muqaddaran" (estimated/fixed). (25) Mentioned by al-Haythami in: The Chapter on Blood Money (Diyat) for limbs and others, from the Book of Blood Money. Majma' al-Zawa'id 6/298. And al-Zayla'i in: The Chapter on the Crime of the Beast and Crime Against It, from the Book of Blood Money. Nasb al-Rayah 4/388. (26) In M: "wa qad ruwiya" (and it has been narrated). (27) Omitted from the original.

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