What is the liability when a free person and a slave collide and both die?
General Chapter
Al-Mughni
Book of Beverages (Intoxicants)
Primary text
The *diyah* of the free person becomes attached to the life of the slave, then transfers to the slave's value. The slave's value is then owed from the estate of the free person, and they cancel each other out. If the free person's *diyah* exceeds the slave's value, the surplus is dropped as it has no attachment. If the slave's value exceeds the *diyah*, the excess is taken from the wrongdoer's estate, and the free person must emancipate one slave. If only the slave dies, his value is due from the free person, as the *aqilah* does not bear liability for a slave. If only the free person dies, his *diyah* is attached to the slave's life, and the slave's master owes two consecutive months of fasting in lieu of the *diyah* if the slave dies before full compensation is rendered.
Supporting text
If a third party kills the slave after the collision, that third party owes the slave's value, and what was attached to the slave's life transfers to its value, which is then collected from the party originally liable.