Source: Fiqhi Rulings and Issues in the Light of Quran and Hadith, Explanation of Qisas and Crimes: Volume 02: Page 392
All praise is due to Allah, and prayers and peace be upon the Messenger of Allah. To proceed!
Diyat is the plural of Diyat. Diyat refers to the compensation paid by the offender to the victim or their heirs due to the offense committed. The obligation of Diyat is established by the Book of Allah, the Sunnah of the Messenger of Allah (peace be upon him), and the consensus of the Ummah. Allah Almighty says:
﴿وَمَن قَتَلَ مُؤمِنًا خَطَـًٔا فَتَحريرُ رَقَبَةٍ مُؤمِنَةٍ وَدِيَةٌ مُسَلَّمَةٌ إِلىٰ أَهلِهِ ... ﴿٩٢﴾... سورة النساء
"If anyone kills a Muslim unintentionally, he must free a believing slave and pay blood money to the heirs of the deceased..."
Reference: An-Nisa: 4/92.
It is narrated in a noble Hadith:
"وَمَن قُتِلَ لَهُ قتيلٌ فَهُوَ بِخَيْرِ النَّظَرَيْنِ: إِمَّا أَنْ يُقْتَلَ، وَإِمَّا أنَّ يُفْدَى"
"The one whose person has been killed has the right to choose between two options: either to accept the blood money (diyat) or to take revenge from the killer."
Reference: Sahih al-Bukhari, Al-Luqta, Chapter: How to recognize the foundling of the people of Makkah? Hadith 2434; Sahih Muslim, Hajj, Chapter: The prohibition of Makkah and the prohibition of hunting there... Hadith 1355, and the wording is his.
In which cases is Diyat obligatory
① Diyah (blood money) is obligatory on every person who directly kills another human being, for example, if someone beats another so severely that he dies, or runs him over with a vehicle, or causes his death, such as digging a pit on the road or placing a large heavy stone there which results in someone's death. In all these cases, paying diyah is necessary, whether the deceased is a Muslim, a dhimmi, a musta'min, or a member of a nation with whom Muslims have a peace treaty. Allah Almighty says:
﴿ وَإِن كانَ مِن قَومٍ بَينَكُم وَبَينَهُم ميثـٰقٌ فَدِيَةٌ مُسَلَّمَةٌ إِلىٰ أَهلِهِ ...﴿٩٢﴾... سورة النساء
"And if the slain is from a people with whom you have a treaty, then diyah is to be paid to his family."
Reference: An-Nisa: 4/92.
② If a person intentionally kills someone, then the diyah must be paid immediately from the killer's own wealth, because the fundamental rule is that whoever destroys something must compensate for it and pay its value.
Ibn Qudamah, may Allah have mercy on him, states: "There is a consensus among the scholars on this issue; the principle and rule require it."
Reference: Al-Mughni wal-Sharh al-Kabir: 9/482.
This is also supported by the statement of Allah Almighty:﴿وَلَا تَزِرُ وَازِرَةٌ وِزْرَ أُخْرَىٰ﴾
"No bearer of burdens will bear the burden of another."
Reference: Al-An'am 6/164.
Since mistakes generally occur unintentionally, it is harsh to place the entire burden of diyah (blood money) on the accidental killer. Therefore, wisdom demands that its payment be placed on the 'Aqilah, that is, the close relatives of the heirs, so that there can be sympathy and cooperation with the killer. This mitigation is because the killer is excused, whereas one who kills intentionally is not excused, so there is no mitigation for him. Moreover, such a person was originally subject to qisas (retribution), but when he is forgiven, he must bear the diyah himself in exchange for his life, and this diyah must be paid immediately, just as compensation for other financial losses is paid immediately.
③ Similarly, whether the killing is quasi-intentional or accidental, in both cases the blood money (diyat) is the responsibility of the killer's agnates, that is, the 'asabah. It is narrated from Sayyiduna Abu Hurairah رضي الله تعالى عنه that two women from the tribe of Hudhail fought with each other. One woman struck the other with a stone, causing her death as well as the death of the child in her womb. On this occasion:
"وَقَضَى بِدِيَةِ الْمَرْأَةِ عَلَى عَاقِلَتِهَا"
"The Messenger of Allah صلی اللہ علیہ وسلم ruled that the blood money of the woman should be paid by the 'asabah of the woman who caused the killing."
Reference: Sahih al-Bukhari, Al-Diyat, Chapter on the fetus of a woman and the 'aqil's responsibility for the child, Hadith 6910. Sahih Muslim, Al-Qisamah, Chapter on the blood money of the fetus, Hadith 1681.
From this narration, it is clear that the blood money for quasi-intentional killing is upon the 'asabah heirs of the killer. In summary, whether the killing is quasi-intentional or accidental, in both cases the responsibility of the blood money lies with the 'asabah heirs of the killer. Imam Ibn Mundhir رحمه الله said: "There is consensus among the scholars on this." Ibn Qudamah رحمه الله also transmitted the same statement.
Similarly, if a sleeping person, while turning over, falls on another person causing the latter's death, or if someone digs a pit on the road and another person falls into it and dies, then compensation and liability will be obligatory.
④ If a person has given another a punishment that he was legally permitted to administer, but the punished person dies as a result of that punishment, then the one who administered the punishment will not be legally liable. For example, if a father punished his son, or a husband punished his wife, to teach them manners, or if a ruler punished one of his subjects with a punishment that was customary and without excess, then in such cases the punisher will not be liable, because he did only what Shariah permitted. However, if the punishment given in the name of teaching manners exceeded the appropriate limit, then he will be liable.
⑤ If a woman is given a punishment that results in a miscarriage, the person responsible must compensate for the miscarriage, and this compensation will be in the form of giving a slave or a maid. It is narrated that: "The Prophet Muhammad (peace be upon him) decided to give a slave or a maid in such a case."
Reference: Sahih al-Bukhari, Blood Money, Chapter on the Fetus of a Woman, Hadith 6905.
This is the position held by the majority of scholars.⑥ If someone frightens a pregnant woman so much that as a result her pregnancy is lost, that person will be liable. For example, if a ruler summons a pregnant woman to his presence, and due to this summons the woman becomes so fearful that her pregnancy is terminated. In a narration, it is stated: "A woman's husband was in a foreign land. When some people were seen coming and going near her, Hazrat Umar (may Allah be pleased with him) summoned her. The woman said: Alas! What business does Umar (may Allah be pleased with him) have with me? The woman became so frightened that out of fear, on the way she gave birth prematurely to a child who took two breaths and then immediately died. Hazrat Umar (may Allah be pleased with him) consulted the Companions (may Allah be pleased with them all) about this. Some said: O Commander of the Faithful (may Allah be pleased with him)! You are not liable for anything. Sayyiduna Ali (may Allah be pleased with him) said: O Commander of the Faithful (may Allah be pleased with him)! If some members of the council said this out of love for you, then they did not wish well for you. The blood money (diyat) of this child is upon you because the child was lost due to your fear."
Reference: Al-Musannif by Abdul Razzaq, Chapter on the Sultan's fright 9/458 Hadith 18010.
⑦ If a person orders another sane and adult man to descend into a well or climb a tree, and he does so and dies during the descent or climb, the one who gave the order will not be liable, because he neither directly committed the crime nor perpetrated the injustice. However, if the same order was given to a minor child, then the one who gave the order will be responsible for his death, because he caused his death.
Similarly, if someone hired a person for wages, then made him descend into a well or climb a tree, and he died for that reason, the employer will not be liable, because he is not at fault.
⑧ If a person made a contract with someone to dig a well in his house, and during the work soil fell on him or the well collapsed and the well digger died, then his blood money will not be obligatory on anyone.
These issues make it clear how greatly Islam emphasizes the protection of innocent lives. Nowadays, many people have no sense of this responsibility. They drive so carelessly that not only do they put their own lives at risk, but they also endanger the lives of others. Sometimes, due to one person's negligence, an entire family is driven to the brink of death. The responsibility for this also lies with the parents of those reckless boys who deliberately hand over vehicles to them so that they roam around taking innocent lives, that is, killing them. These vehicles in their hands act as weapons which, when used irresponsibly, cause them to kill people and spread terror. Such people should fear Allah regarding their children and all Muslims. It is also incumbent upon the rulers to restrain such individuals so that the safety of all people is ensured and peace can be established, because through the rulers, such matters can be controlled which cannot be controlled merely by admonition and advice.
Statement of the Amount of Diyat
In Islamic law, different diyat are prescribed according to various conditions of a person, for example, whether the victim is Muslim or non-Muslim, free or slave, male or female, a living person or a fetus in the mother's womb. The details of diyat vary according to all these considerations, as follows:
① The diyat of a free Muslim person is the highest. It is approximately equal to the price of one thousand mithqals of gold, or twelve thousand Islamic dirhams. It should be noted that the weight of ten dirhams is seven mithqals. Alternatively, as diyat, one hundred camels, or two hundred cows, or two thousand goats will be paid. It is narrated from Sayyiduna Jabir رضي الله تعالى عنه:
"فرض رسول الله - صَلَّى اللَّهُ عليه وسلم الدية على أهل الإبل مائة من الإبل، وعلى أهل البقر مائتي بقرة، وعلى أهل الشاء ألفي شاة "
"The Messenger of Allah ﷺ made it obligatory for the owners of camels to pay one hundred camels, for the owners of cows two hundred cows, and for the owners of goats two thousand goats as diyat."
Reference: (Weak) Sunan Abi Dawood, Al-Diyat, Chapter: How much is the diyat? Hadith: 4543, 4544.
It is narrated from Sayyiduna Ibn Abbas رضي الله تعالى عنه:
"أَنَّ رَجُلًا مِنْ بَنِي عَدِيٍّ قُتِلَ فَجَعَلَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ دِيَتَهُ اثْنَيْ عَشَرَ أَلْفًا"
"When a man from Banu Adi was killed, you, peace be upon him, fixed his blood money at twelve thousand (dirhams)."
Reference: (Weak) Sunan Abi Dawood, Blood Money, Chapter: How much is the blood money? Hadith 4546.
In the book of Amr ibn Hazm (Letter) it is stated:
"وعلى أهل الذّهب ألف دينارٍ"
"Gold paid by the payers is one thousand dinars."
Reference: (Weak) Sunan Abi Dawood, Blood Money, Chapter: How much is the blood money? Hadith 4542, and Sunan an-Nasa'i, Al-Qisamah wal-Diyat, Chapter mentioning the Hadith of Amr ibn Hazm in Al-'Uqul... Hadith 4857, and the wording is his.
② Scholars differ on this issue whether all these mentioned items, i.e., gold, silver, camels, cows, goats, etc., are all considered the original blood money, and if any of these items is paid in the specified amount, is it obligatory for the heirs to accept it? One group of scholars holds the opinion that if any one of these items is given according to the specified amount, it is valid because what was obligatory has been paid.
The second opinion is that the original blood money is only camels; the rest of the items are not original. This is the view of the majority of scholars. The evidence for this is the statement of the Messenger of Allah, peace be upon him:
"وأن في النفس المؤمنة مائة من الإبل "
"The blood money for a believer's life is one hundred camels."
Reference: Al-Sunan Al-Kubra by Al-Bayhaqi 8/100.
Similarly, in another narration, the Prophet Muhammad (peace be upon him) said:
"أَلَا إِنَّ قَتِيلَ الْعَمْدِ الْخَطَإِ بِالسَّوْطِ أَوِ الْعَصَا فِيهِ مِائَةٌ مِنَ الْإِبِلِ"
"Beware! The blood money for a killing done with doubt but with a whip or stick is seventy camels."
Reference: Sunan An-Nasa'i Al-Qisamah, Chapter: How much is the blood money for doubtful intentional killing...? And mention of the difference according to Khalid Al-Hudha' Hadith: 4803.
Hazrat Umar (may Allah be pleased with him) said in a sermon: "O people! Camels have become very expensive, therefore, considering the price of one hundred camels, the owner of gold will pay one thousand dinars as blood money, the owner of silver twelve thousand dirhams, the owner of cows two hundred cows, the owner of goats two thousand goats, and the owner of clothes two hundred sets as blood money."
Reference: Sunan Abi Dawood Al-Diyat, Chapter: How much is the blood money? Hadith: 4542.
It should be noted that the Prophet Muhammad ﷺ has set a stricter condition regarding the camels for the blood money in cases of intentional manslaughter (shubh 'amd), which is not applicable in the blood money for accidental killing (qatl-e-khata). The details of this will come later. This also proves that the original blood money is indeed camels. Almost all scholars agree on this, and this is the preferred opinion, because all other things given as blood money besides camels are actually considered in terms of their price.
③ Compared to accidental killing, the blood money for intentional killing and intentional manslaughter is more stringent. One hundred camels will be divided into four parts: twenty-five bint makhad, i.e., she-camels that have completed one full year; twenty-five bint labun, i.e., she-camels that have completed two years; twenty-five haqqa, i.e., she-camels that are three years old; and twenty-five jaz'ah, i.e., she-camels that are four years old. This amount is confirmed from Sayyiduna Ali رضي الله تعالى عنه. He says:
"فى الخطأ ارباعا خمس وعشرون حقـة ، وخمس وعشرون جذعة ، وخمس وعشرون ابنة لبون وخمس وعشرون ابنة مخاض"
The blood money for "accidental killing" includes twenty-five Haqqas (which enter the fourth year), twenty-five Juz'as (which enter the fifth year), twenty-five camels entering the third year, and twenty-five camels entering the second year."
Reference: (Weak) Sunan Abi Dawood, Al-Diyat, Chapter on Blood Money for Accidental Killing, Hadith 4552.
If the killer pays this blood money as detailed above, it is obligatory for the heirs of the deceased to accept it. However, if the killer wishes, he may also pay the current market value of the camels as blood money.
④ There is a reduction in the blood money for accidental killing; thus, one hundred camels are divided into five parts: twenty Bint Makhad, twenty Bint Laboon, twenty Haqqas, twenty Juz'as, and twenty Ibn Makhad. The blood money will be paid in these categories or their prevailing market value.
⑤ The blood money for a free person of the People of the Book, whether he is a Dhimmi, a protected person, or an ally, is half that of a free Muslim man, because it is narrated from Sayyiduna Abdullah bin Umar (may Allah be pleased with him):
"أن رسول الله صلى الله عليه وسلم " قضى أن عقلَ أَهْلِ الكِتَابينِ نِصْفُ عَقْلِ المسلمين"
"The Prophet Muhammad (peace be upon him) ruled that the blood money (diyat) of the People of the Book (Jews and Christians) is half of the blood money of Muslims."
Reference: Sunan Abi Dawood, Diyat, Chapter: How much is the blood money? Hadith 4542, and Sunan an-Nasa'i Hadith 4810, 4811, and Sunan Ibn Majah, Hadith 2644 with the same wording, and Musnad Ahmad 2/183, 224.
⑥ If a Magian (Zoroastrian) is a Dhimmi (protected non-Muslim), or an ally, or a refugee, similarly if a polytheist is an ally or a refugee, then their blood money will be eight hundred Islamic dirhams. The Messenger of Allah (peace be upon him) said:
"دية المجوسي ثمان مائة درهم"
"The blood money of a Magian is eight hundred dirhams."
Reference: (Weak) Al-Kamil by Ibn 'Adi 5/347, in the translation of Abdullah bin Salih and Al-Sunan Al-Kubra by Al-Bayhaqi 8/101.
This is also the opinion of the majority of scholars.
⑦ The blood money of women among the People of the Book, Magians, and polytheists is half of that of their men, just as the blood money of Muslim women is half of that of Muslim men.
Ibn Mundhir (may Allah have mercy on him) states: "There is consensus among scholars that the blood money of a woman is half of that of a man."
Reference: Al-Mughni wal-Sharh al-Kabir 9/532.
It is also mentioned in the book (Kitab al-Khat) of 'Amr ibn Hazm (may Allah be pleased with him) that: "The blood money of a woman is half of that of a man."
Reference: Al-Mughni wal-Sharh al-Kabir 9/533.
Allama Ibn Qayyim (may Allah have mercy on him) says: "It is clear that a woman is inferior to a man, and a man is more beneficial than a woman because religious and political positions, border protection, jihad, land cultivation, and all those rulings associated with the interests of humanity, as well as all matters of defending religion and the world, can be performed by men to a greater extent than women. Therefore, the blood money (diyat) of a woman cannot be equal to that of a man. One reason is that the blood money of a free person is equivalent to the price of a slave or something else. Hence, the wisdom of the Shariah required that the value of a woman be set at half that of a man so that the natural difference between the two remains."
Reference: I'lam al-Muwaqqi'in 2/148.
⑧ If the obligatory blood money is less than one-third, then the blood money of a man and a woman will be equal. It is narrated from Abdullah bin Amr (may Allah be pleased with him) that the Messenger of Allah (peace be upon him) said:
"عَقْلُ الْمَرْأَةِ مِثْلُ عَقْلِ الرَّجُلِ حَتَّى يَبْلُغَ الثُّلُثَ مِنْ دِيَتِهَا"
"The blood money of a woman and a man is equal when it is up to one-third."
Reference: (Weak) Sunan an-Nasa'i al-Qasamah 'Aql al-Mar'ah Hadith 4809.
Sayyiduna Saeed bin Musayyib, may Allah have mercy on him, says: "This is the Sunnah."
Imam Ibn Qayyim, may Allah have mercy on him, says: "In the mentioned issue, there is a difference of opinion among Imam Abu Hanifa, may Allah have mercy on him, Imam Shafi'i, may Allah have mercy on him, and a group of scholars, may Allah have mercy on them. They have said: equality between man and woman in small and large blood money (diyat) is up to half. However, following the Sunnah is more necessary. The ruling for less than one-third and more than one-third is different because less than one-third is a small amount, therefore the hardship of the woman is considered equal to that of the man. On this basis, the blood money for male and female fetus is equal because its blood money is small, that is, equal to that of a slave or a young female slave, hence the law for less than one-third is applied to the fetus."
Reference: A'lam al-Muwaqqi'een 2/148,149.
⑨ The blood money for a slave or a maidservant will be the amount equivalent to their appropriate value, no matter how much that value is. If this value is less than the blood money of a free person, the scholars are unanimous on this. However, if the slave's value equals or exceeds the blood money of a free person, then the opinion of Imam Ahmad, Imam Malik, Imam Shafi'i, and Imam Abu Yusuf, may Allah have mercy on them, is that the full value should be paid, no matter how high it is.
⑩ If a fetus, whether male or female, dies due to someone's crime, the blood money will be one slave or one maidservant, or five camels will be paid as its value, whether the crime was intentional or accidental. The evidence for this is the narration of Abu Hurairah, may Allah be pleased with him:
"قَضَى رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فِي جَنِينِ امْرَأَةٍ مِنْ بَنِي لَحْيَانَ سَقَطَ مَيِّتًا بِغُرَّةٍ عَبْدٍ أَوْ أَمَةٍ"
The Messenger of Allah, peace be upon him, ruled regarding a woman from Banu Lahyan whose fetus was killed in her womb that she should be given a slave or a maid.
Reference: Sahih al-Bukhari, Al-Diyat, Chapter on the fetus of a woman and the responsibility of the guardian... Hadith 6909 and Sahih Muslim, Al-Qisamah, Chapter on the blood money of the fetus... Hadith (35).1681 and the wording is his.
That slave or maid will be considered the inheritance of the fetus, as if the child was alive at the time of miscarriage and then died later, because this is the blood money of the fetus. This is the opinion of the majority. The estimated value of the slave or maid is five camels, which is one-tenth of the blood money of the mother.
The ruling on the blood money of limbs and their benefits
According to some scholars, the human body has forty-five organs. Some of these organs are singular, some are paired, and some are more than two. If a person commits a crime and cuts off a singular organ of the body, such as the nose, tongue, or genital organ, the blood money (diyat) for it will be equal to the full blood money of a human being, and this amount will vary according to the different statuses of the person, for example, whether he is a man or a woman, free or a slave, a concubine or a dhimmi, etc. The reason for this is that Allah Almighty has created that organ singularly in the body, and its loss completely eliminates its benefit, as if it is equivalent to the loss of life itself; therefore, its blood money will also be equal to the blood money of a life. Scholars agree on this issue. In the hadith of Hazrat Amr bin Hazm (may Allah be pleased with him), the Messenger of Allah (peace and blessings be upon him) said:
"وَفِي الأَنْفِ إِذَا أُوعِبَ جَدْعُهُ الدِّيَةُ ، وَفِي اللِّسَانِ الدِّيَةُ ..... وَفِي الذَّكَرِ الدِّيَةُ"
"And full blood money is due for the nose if it is cut off from the root, and full blood money for the tongue... and full blood money for cutting off the genital organ."
Reference: (Weak) Sunan An-Nasa'i Al-Qisamah, mentioning the hadith of Amr bin Hazm in Al-‘Uqul... Hadith 4857.
The body parts that come in pairs, such as eyes, ears, lips, jaws, a woman's breasts, a man's chest, hands, legs, and testicles, if both are cut off, the full blood money of the entire person will be obligatory, and if one of them is cut off, half the blood money will be due, because the combined benefit, beauty, and perfection come from both of these organs, and there is no other organ in the body that can replace them.
Ibn Qudamah, may Allah have mercy on him, says: "To our knowledge, no one has opposed this issue."
In the letter of Sayyiduna Amr bin Hazm, may Allah be pleased with him, it is written that the Messenger of Allah, peace and blessings be upon him, sent the rulings of blood money in writing:
"وَفِي الأَنْفِ إِذَا أُوعِبَ جَدْعُهُ الدِّيَةُ ، وَفِي اللِّسَانِ الدِّيَةُ ، وَفِي الشَّفَتَيْنِ الدِّيَةُ ، وَفِي الْبَيْضَتَيْنِ الدِّيَةُ ، وَفِي الذَّكَرِ الدِّيَةُ ، وَفِي الصُّلْبِ الدِّيَةُ ، وَفِي الْعَيْنَيْنِ الدِّيَةُ وَفِي الرِّجْلِ الْوَاحِدَةِ نِصْفُ الدِّيَةِ"
"When the nose is cut off from the root, full blood money (diyat) is due. Full blood money is due for the tongue, full blood money for both lips, full blood money for the testicles, full blood money for the back, full blood money for both eyes, and half blood money for the amputation of one leg."
Reference: (Weak) Sunan an-Nasa'i, Al-Qisamah, mentioning the hadith of Amr ibn Hazm in Al-'Uqul. Hadith 4857.
Allama Ibn Abdul Barr, may Allah have mercy on him, states that the book (letter) of Amr ibn Hazm, may Allah be pleased with him, is well known among scholars, and except for a few rulings mentioned therein, there is consensus among scholars on the rest.
Details of Diyat According to the Number of Organs
① If there are three organs of the same type, then cutting off all three requires full blood money, and if only one part of them is cut, its blood money will be one-third. For example, the nose, which consists of two nostrils and the bone between them.
② The four limbs in a human body, if all four are lost, the full blood money (diyat) is due, and if there is a partial loss, the diyat will be proportionally less. For example, the four eyelids, which serve the purpose of external beauty as well as protecting the eyes from cold and heat. The diyat for one eyelid is one-fourth, and for all four, the full diyat is due.
③ Full diyat is due for all the fingers of both hands, and similarly, full diyat is due for all the toes of both feet. That is, if all ten fingers are cut off, the full diyat, i.e., one hundred camels, will be obligatory. The diyat for one finger is ten camels. It is narrated from Sayyiduna Ibn Abbas (may Allah be pleased with him) that the Messenger of Allah (peace be upon him) said:
"دِيَةِ الْأَصَابِعِ الْيَدَيْنِ وَالرِّجْلَيْنِ سَوَاءٌ عَشْرٌ مِنْ الْإِبِلِ لِكُلِّ أُصْبُعٍ"
"The diyat of the fingers of the hands and feet is equal; the diyat of each finger is ten camels."
Reference: Jami' at-Tirmidhi, Kitab al-Diyat, Chapter on the diyat of fingers, Hadith 1391.
In Sahih Bukhari, these words are also narrated:
"هَذِهِ وَهَذِهِ سَوَاءٌ يَعْنِي الْخِنْصَرَ وَالْإِبْهَامَ "
"This finger and this finger are equal, meaning the little finger and the thumb."
Reference: Sahih al-Bukhari, Kitab al-Diyat, Hadith 6895.
From these two hadiths, it is clear that there is blood money (diyat) for all the fingers of the hands and feet, and the diyat for each finger is ten camels.
④ Each finger has three joints, so if a finger is cut up to one joint, the diyat will be one-third of a finger's diyat. Whereas the thumb has two joints, so the diyat for one joint of the thumb will be half of a finger's diyat, i.e., five camels.
⑤ The diyat for each tooth is five camels, because in the narration of Hazrat Amr bin Hazm (may Allah be pleased with him), the Messenger of Allah (peace be upon him) said:
"وَفِي السِّنِّ خَمْسٌ مِنَ الإِبِلِ"
"Each tooth has a diyat of five camels."
Reference: (Weak) Sunan an-Nasa'i al-Qisamah, mentioning the hadith of Amr bin Hazm regarding the intellect... Hadith 4857.
Imam Ibn Qudamah (may Allah have mercy on him) says: "The diyat for each tooth is five camels, and we do not know of any disagreement on this."
Reference: Al-Mughni wal-Sharh al-Kabir 9/612.
Benefits of the limbs and their diyat
⑥ By benefits is meant those advantages that are obtained from the body's organs, such as hearing, seeing, smelling, speaking, and walking, etc. Each organ has a specific purpose and benefit.
⑦ Among these benefits are also the four senses, i.e., hearing, seeing, smelling, and tasting. If any one of these four senses is lost due to a crime, full compensation (diyah) is due.
Ibn Mundhir, may Allah have mercy on him, says: "The consensus of the general scholars is that compensation (diyah) is to be paid for the loss of hearing (ear)."
Reference: Al-Mughni wal-Sharh al-Kabir 2/596.
Imam Ibn Qudamah, may Allah have mercy on him, also narrated the consensus of the scholars on this matter.
Reference: Al-Mughni wal-Sharh al-Kabir 2/596.
In the letter of Sayyiduna Amr bin Hazm, may Allah be pleased with him, it is stated:
"وَفِي الْمَشَامِّ الدِّيَةُ "
"Compensation is due for the loss of the power of smelling."
Reference: Al-Mughni wal-Sharh al-Kabir 9/600.
During the caliphate of Sayyiduna Umar رضي الله تعالى عنه, a man struck another so severely that he lost his abilities to hear, see, and engage in intercourse, as well as his intellect. Sayyiduna Umar رضي الله تعالى عنه imposed four diyats on the assailant, even though the injured person was still alive. None of the Companions رضوان الله عليهم أجمعين opposed this decision.
⑧ If someone's ability to speak, understand, walk, eat, marry (engage in intercourse), or control urination and defecation is taken away, then for each of these, a full diyat is due, because each of these is a very great and important benefit, and the body has only one power for each of these, not two.
⑨ There are four places on the body where hair grows. If any one of these places is damaged to such an extent that the ability for hair to grow back is lost, then full compensation (diyat) is due for it. These four places are: the hair on the head, the beard hair, the eyebrow hair, and the eyelash hair. If one eyebrow is lost, half the diyat is due, and for one eyelash, a quarter of the diyat is due, because there are four eyelashes.
From these rulings, it is understood how much respect and value Islam places on the beard, as full diyat is prescribed for its destruction, because it has great benefit and it is a source of beauty and dignity for a man. The Prophet Muhammad ﷺ commanded its growth and care, and forbade shaving, cutting, or excessive tampering with it.
Destruction be upon those people who, by imitating women and mimicking disbelievers and hypocrites, fight against the beard. They abandon masculine dignity and adopt feminine delicacy. The poet has rightly said:
يُقْضَى عَلَى المَرْءِ فِي أَيَّامِ مِحْنَتِهِ
حَتَّى يَرَى حَسَناً مَا لَيْسَ بِالحَسَنِ
"A man, in times of hardship, reaches a state where he begins to consider bad things as good."
Allama Iqbal's couplet is:
What was ugly gradually became beautiful
For the conscience of nations turns into slavery
Therefore, such people should use their intellect, follow the path of wisdom, and, by obeying the Messenger of Allah ﷺ, keep their full beard, which Allah Almighty has made a symbol of manliness and a manifestation of beauty and grace.
