Upon what entity is the financial liability established when a slave guarantees a debt with the master's permission?

Chapter on Guarantee (Daman)

Al-Mughni

Book of Assignment (Transfer of Debt)

Book 17 · Issue 8 · Bab 2

Open in Qurani

Primary text

There are differing opinions on whether the liability attaches to the slave's person (Raqaba) or the master's liability (Dhimma). One view is that the liability attaches to the slave's person if the master permits the payment to come from the property currently in the slave's possession, analogous to penal liability attaching to the perpetrator's person.

Supporting text

Al-Qadi suggests the liability attaches to the master's Dhimma, while Ibn Aqil and Al-Khattab present differing narrations regarding attachment to the person or the master's Dhimma, similar to the case of the slave borrowing money with permission.