Chapter on What Requires Full Blood Money and Half Blood Money in Cases Other Than the Taking of a Life

Abdullah ibn Maymoon narrated from Abu Abdullah Imam Jafar ibn Muhammad Al-Sadiq عليه السلام from his father, Imam Muhammad ibn Ali Al-Baqir عليه السلام who said: "A man was brought to Commander of the Faithful عليه السلام who had struck another man, causing a reduction in his eyesight. Commander of the Faithful عليه السلام called men of similar age as the injured man and showed them something to observe how much his vision had diminished. Imam عليه السلام then awarded the injured man blood money (diyyah) equivalent to the extent of his lost eyesight."

Musa ibn Bakr narrated from Al-Abd Al-Salih Imam Musa ibn Jafar Al-Kadhim عليه السلام regarding a man who struck another man with a stick and did not lift it from him until he died. Imam عليه السلام said: "The killer should be handed over to the heirs of the murdered man, but he should not be left to be tortured for pleasure. Rather, retribution should be carried out upon him with the sword."

Ibn Al-Mughira narrated from Abdullah ibn Sinan from Abu Abdullah عليه السلام who said: "The blood money (diyya) for a hand if it is cut off is fifty camels. As for wounds that are less severe than complete amputation, a ruling shall be made concerning them by two just individuals among you. And whoever does not judge by what Allah سبحانه وتعالى has revealed, then they are the disbelievers."

Muhammad ibn Qays narrated from one of the two Imams (peace be upon them) about a man who gouged out another man's eye, cut off his nose and ears, and then killed him. Imam عليه السلام said: "If he inflicted these injuries on him separately, then retaliation (qisas) will be taken for each injury, and then he will be killed. But if he struck him with a single blow that resulted in all those injuries, his neck will be struck (he will be executed), and retaliation will not be taken for the individual injuries."

Ibn Mahbub narrated from Abu Ayyub from Buraid Al-Ijli from Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام who said: "For the tongue of a mute person, the eye of a blind person, and the private parts and testicles of a free eunuch, one-third of the full blood money (diyya) is due. However, for the private part of a young boy, the full blood money is due."

Ibn Mahbub narrated from Ishaq ibn Ammar who said: I heard Abu Abdullah عليه السلام say: "The Commander of the Faithful عليه السلام ruled regarding a man who was struck on his hips, causing him to lose control over his stool and urine, that the full blood money (diyya) is due for that."

Ibn Mahbub narrated from Jamil ibn Salih from Abu Ubaydah Al-Hadhdha' who said: I asked Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام about a man who struck another man on his head with the pole of a tent, delivering a single blow that penetrated to his brain, causing him to lose his mind. Imam عليه السلام said: "If the struck man can no longer comprehend the prayer, nor understand what is said to him or what he says, then he should be observed for a year. If he dies within that year, the striker is subject to retaliation (qisas). However, if he does not die within that period and his mind does not return, the striker must pay the full blood money (diyya) from his wealth due to the loss of the victim's intellect." I said to Imam عليه السلام: What do you rule upon him regarding the head injury (shajja)? Imam عليه السلام replied: "Nothing, because he only struck him once, and that single blow caused two injuries. Therefore, I imposed upon him the more severe of the two injuries, which is the blood money (diyya). Had he struck him twice, causing two separate injuries, I would have imposed upon him compensation for both injuries, whatever they may have been - except if one of them resulted in death, in which case the striker would face retaliation (qisas), and the second injury would be disregarded." Imam عليه السلام further said: "If he struck him three times, one after the other, resulting in three injuries, I would impose upon him the liability for whatever the three injuries amounted to, unless one of them led to death, in which case the striker would face retaliation." Imam عليه السلام added: "And if he struck him ten times, but they resulted in a single injury, I would hold him accountable only for that single injury caused by the ten blows, regardless of its severity, as long as it did not result in death."

Ibn Mahbub narrated from Hisham ibn Salim from Habib Al-Sijistani who said: I asked Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام about a man who cut off the right hands of two men. Imam عليه السلام replied: "O' Habib, his right hand is to be cut off in retaliation for the man whose right hand he first severed, and his left hand is to be cut off for the man whose right hand he severed afterward. This is because he initially cut off the first man's right hand, and his own right hand is taken as retaliation for that. Then, for the second man, his left hand is taken." I said: "But Commander of the Faithful عليه السلام used to cut off the right hand and the left foot." Imam عليه السلام replied: "That ruling was for the rights of Allah سبحانه وتعالى, the Exalted. However, regarding the rights of Muslims, O' Habib, their rights are taken in full. A hand is taken for a hand in retaliation if the offender has two hands, and a foot is taken for a hand if the offender has no hands." I then asked: "Shouldn't the blood money (diyya) be imposed on him, and his foot be spared?" Imam عليه السلام replied: "Blood money is only required when he cuts off a man's hand and the perpetrator has neither two hands nor two feet. In such a case, blood money is imposed because there is no remaining limb from which retaliation can be taken."

Ibn Abi Umayr narrated from Al-Qasim ibn Urwah from Ibn Bukayr from Zurara from Abu Abdullah Imam Jafar ibn Muhammad Al-Sadiq عليه السلام who said: "For the hand, there is half of the full blood money (diyya), and for both hands together, the full diyya is due. Similarly, for both legs, the full diyya applies. For the male organ, if the glans (Al-hashafa) and above it are cut off, the full diyya is required. For the nose, if the soft part (Al-marin) is cut off, the full diyya applies."

Ibn Mahbub narrated from Abu Jameelah from Aban ibn Taghlib from Abu Abdullah Imam Jafar ibn Muhammad Al-Sadiq عليه السلام who said: "For the lower lip, the compensation is six thousand (dirhams), and for the upper lip, it is four thousand (dirhams) because the lower lip holds water."

It is narrated from Muhammad ibn Qays from Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام who said: "The Commander of the Faithful عليه السلام ruled concerning a man who lost one of his eyes that an ostrich egg should be taken, and the man's healthy eye should be covered so he cannot see with it. Then, his vision should be measured to its limit, and the distance between the range of his injured eye and his healthy eye should be calculated. Compensation should be paid accordingly based on that measurement."

It is narrated from Ibn Abi Umair from Hisham ibn Salim from Abu Abdullah Imam Jafar ibn Muhammad Al-Sadiq عليه السلام who said: "Everything in the human body that exists in pairs carries the full blood money (diyya) for both, and half the blood money for one. And whatever exists as a single part in the body carries the full blood money."

It is narrated from Ibn Mahbub from Abdul Wahhab ibn Al-Sabbah from Ali from Abu Basir from Abu Abdullah Imam Jafar ibn Muhammad Al-Sadiq عليه السلام that he said regarding a man who was struck in his ear and claimed that one of his ears had diminished in hearing. Imam عليه السلام said: "The injured ear should be tightly bound, and the healthy ear should be left open. A bell should be struck in front of his face, and he should be asked to listen. If the sound of the bell becomes faint for him, its position should be noted. Then, the bell should be taken behind him and rung until the sound fades for him; when it fades, its position should be marked. The distance between the two positions is then measured. If they are equal, it is known that he has spoken the truth. Then, the bell should be taken to his right side and rung until the sound fades, and its position should be marked. Similarly, the bell should be taken to his left side and rung until the sound fades, and its position should be marked. If the distances are equal, it is confirmed that he has spoken the truth." Imam عليه السلام further said: "Then the affected ear should be opened, and the healthy ear should be tightly bound. The bell should be rung in front of him, and the process repeated as it was initially done with the healthy ear. Then, the difference between the healthy and the affected ear should be measured, and compensation determined accordingly."

It is narrated from Ibn Mahbub from his father from Hammad ibn Ziyad from Sulayman ibn Khalid from Abu Abdullah Imam Jafar ibn Muhammad Al-Sadiq عليه السلام who said: I asked Imam عليه السلام about a man who struck another man's ear with a bone, and the man claimed that he had completely lost his hearing. Imam عليه السلام said: "He should be given a respite for one year, and two just witnesses should observe him. If they testify that he heard and responded to hearing, then he has no right (to compensation). But if it cannot be confirmed that he heard, he should be made to swear an oath, and then he should be given the full compensation (blood money)." I asked: "What if he regains his hearing after receiving the compensation?" Imam عليه السلام replied: "It is something Allah سبحانه وتعالى the Exalted has granted him." I then asked Imam عليه السلام about someone who claimed he could no longer see with his eye. Imam عليه السلام said: "He should be given a respite for one year, and after the year, he should swear an oath that he cannot see, and then he should be given the full compensation (blood money)." I asked: "What if he regains his sight after that?" Imam عليه السلام replied: "It is something Allah سبحانه وتعالى has granted him."

In the narration of Al-Sakooni, it is reported that Commander of the Faithful عليه السلام ruled that if the spine is broken, the full blood money (diya) is due.

Hisham ibn Salim narrated from Sulayman ibn Khalid who said: I asked Abu Abdullah عليه السلام about a man whose coccyx (tailbone) was broken, resulting in his inability to control his bowels. Imam عليه السلام replied: "The full blood money (diya) is due." Sulayman further asked Imam عليه السلام about a man who engaged in intercourse with a slave girl and caused ifda' (a severe injury of female reproductive organs), and she, in that condition, would never be able to bear children. Imam عليه السلام replied: "The full blood money (diya) is due."

Hammad narrated from Al-Halabi who said: I asked Abu Abdullah عليه السلام about a man who married a slave girl, then had intercourse with her and caused ifda' (a severe injury of female reproductive organs). Imam عليه السلام replied: "He is responsible for providing for her needs as long as she is alive."

In the narration of Al-Sakuni, it is reported that Commander of the Faithful عليه السلام said: "An eye is not to be examined (for diyyah) on a cloudy day."