What is the ruling on a slave's confession regarding theft?
General Chapter
Al-Mughni
Book of Acknowledgment of Rights
Primary text
If a slave confesses to theft whose penalty is solely monetary, the confession is not accepted, but the confession of the guardian (Mawla 'alayhi) is accepted based on the principle that the guardian can impose financial liability on the slave's property. If the theft mandates amputation and money, the amputation is executed, but the money is not required. If a slave confesses to stealing property not in his possession, the confession is invalid because confessing servitude is confessing ownership, which a slave cannot validly do as it harms the master's ownership rights.
Supporting text
If the master affirms the theft and the slave confesses to another person, the item belongs to the one the master confessed to, as the item is in the master's possession. If the master confesses alone, it is accepted, but if the slave confesses alone, it is not accepted, so it cannot be accepted when contradicting the master's confession.