Retaliation is
infli&ed only
in the cafe of
a cut (wilful •
ly given)
which lays
bare the bone.
Rate of fines
for Sbà d ja
wounds when
given by mif-
a d v en t uut.
F I N E S , Book L,
kila\ a fradum which, requires a part of the Ikull to be removed:
X. Amma; or a wound extending to the membrane which inclofes
the brain.— Next follows Ddmighd, or a wound which penetrates to
the brain; which, however, is not .included among the others, as a
perfon fo wounded cannot poffibly continue alive.
In the cafe of a. wound of the feventh defcription IMàwziha] retaliation
is due, provided the wound was wilfully given ; becaufe it
is recorded of the prophet that he decreed retaliation for fuch a wound;
and alfo, becaufe it is here pradicable to obferve an equality in the retaliation,
fince it is poffible to cut the offender to the bone with a
knife. Retaliation is therefore due in this inftance;—but it is not to
be infiided in any of the other cafes above defcribed, as in thofe there
is no determinate limit to which to cut with a knife ; and befidqs, in
all wounds above the feventh defcription the bone is fradured ; and
there is no retaliation for fradures. In wounds Ihort of the feventh
defcription an award of equity is due, as thofe hâve no fpecific limit,
and yet cannot lawfully be buffered to p^fs without penalty.
In the cafe of a Màwzihà wound infiided by mifadveniure, a
twentieth of the complete fine is due. For a Hàjh'tmà wound a tenth
of the complete fine is due; for a Môonàkkilà three twentieths; and
for an Amma a third ;— whether they be infiided wilfully or accidentally.
(A third of the fine is alfo due for a Jàifâ, or ftab,— that is, a
wound penetrating into the cavity of the trunk, from the breaft, the
back, the belly, or the ribs, or from the neck into the gullet ;— and
i f it penetrate quite through, from fide to fide, it is accounted as two
ftabs, and two thirds 'of the fine are accordingly due for it ; becaufe
the prophet has laid, “ Five camels are due fo r a M a w z i h a wound,
“ ten fo r a H a s h im a , fifteen fo r a M o o n a k k i l a , and a third of the
“ complète fine fo r an A m m a and a J a i f a ; ” and alfo, beçaufe where
the wound extends quite through, it Hands, in effed, as two ftabs,
one
C h a f . I, F I N E S .
one on one fide* and one on the other; and as a third of the fine
is due for each ftab, it follows that two thirds are due in this
inftance.)
T he ten defcriptioris o f wounds here treated of are reftrided folely
to the head znAface, as has been already mentioned. With refped to
wounds on the other parts of the body, which are termed Jirdhit, and
for which no fpecific mulcts have been appointed, they require an.arbitrator
atonement, where the bone is either fradured or laid bare,
provided a lading fear or deformity be occasioned ; becaufe although
fpecific mulds have been appointed only for wounds of. the head or
face, yet the offences in queftion cannot lawfully be buffered to pafs
without penalty; and alio, becaufe the particular appointment o f a
muld is on account of the defed occafioned by a fear, which is a de-
fed only where it occurs upon the head, or in the face. With refped
to the-.arbitratory atonement to be awarded in this inftance there is -a
difference'of opinion. FaMvee fays that it is to be determined by the
difference between the value which the wounded perfon, would bear
(fuppofing him to be a Have) without the fear, anfl that which he bears
with the fear ; and i f the difference be equal to a twentieth of the
former value, a twentieth o f the fine muft be awarded ; i f a tenth, a
tenth of the fine; and fo forth. (Decrees pafs according to this.)
Koonhhee, on the contrary, lays that the atonement muft be adjufted
by the proportion which the wound in queftion bears to a Mctwzihh
! wound;— in other words, if it amount to an half'of a Mawziha wound,
the half of a Mawziha fine is due; if to a quarter, a quarter is due ;
and fo forth. This, however, is rejeded, as it is fcarcely poffible
thus to meafure the wound.
339
.All other
wounds are
compenfated
for by an arbitrator/
atonement.
Mode of determining
fuch atonement.
I