The bone-exposing wound (muwadiha) and its retaliation and blood money

The muwadiha is a wound that reaches the bone and lays it bare; the ba'diha cuts the flesh without reaching the bone. ¹

All agree that the muwadiha carries retaliation when intended, since it can be measured at the bone; the Hanafis add that where it impairs a limb such as the sight there is no retaliation for that, but blood money for both. ^{1 2}

Retaliation is not taken with a sword for fear of excess; it is taken with an instrument made for it by one who knows how, and an unskilled executor is told to appoint a deputy. ²

A muwadiha wound carries a fixed five camels when unintended, on the letter of the Prophet ﷺ to 'Amr ibn Hazm (may God be pleased with him); the scholars agree the sum is fixed. ³

Most jurists hold that the head and the face are alike for the muwadiha. The Malikis add to the due when the face is disfigured; Sa'id ibn al-Musayyab doubles the face sum. Compensation is owed whether the wound is small or large, visible or under hair. ^{3 4}

Most jurists fix no sum for a wound outside the head and face. Al-Layth and al-Awza'i extend the rule to the body. ^{4 5}

A cut that runs from the head to the nape carries the compensation for the wound and an assessment for the nape; a partition between two wounds fixes the sum by whether it is removed, by whom, and whether it has healed. ^{5 6}

A settlement made by an agent beyond his instructions is void beyond what he was authorised to accept; a settlement in wine or swine is a pardon. ^{6 7}